Practice Areas
Our People
News & Resources
Book Consultation

Q
Views40,428
Our company manufactures and sells small accessories. When a new product came out, the designer was instructed to create a product detail page, but the designer referred heavily to a competitor's detail page and was reported by the competitor. If a violation of the Unfair Competition Prevention and Trade Secret Protection Act is recognized, could we even be subject to criminal punishment?
violation of the Unfair Competition Prevention and Trade Secret Protection Act
fair trade attorney
Answer
Published:
Author : DongIl PARK
Yes. You could also be subject to criminal punishment.
If a competitor's detail page is imitated to an excessive degree such that consumers may be confused, this constitutes an act of unfair competition, which amounts to a violation of the Unfair Competition Prevention and Trade Secret Protection Act.
If a person commits an act of unfair competition and a violation of the Unfair Competition Prevention and Trade Secret Protection Act is recognized, imprisonment for not more than 3 years or a fine of not more than 30 million won may be imposed.
An act of unfair competition means an act such as seeking to secure a competitive advantage by using another person's work product or the like without authorization and without paying due consideration.
Representative examples of acts of unfair competition
▶ The act of using another person's trademark, trade name, or other mark, or using a similar mark
▶ The act of passing off another person's goods or causing misconception as to the quality of goods
▶ The act of imitating the form of another person's goods
▶ The act of misappropriating an idea
Furthermore, if it is recognized that an act of unfair competition was committed, civil liability may also arise separately from criminal punishment.
If another person's trademark or the like was registered, held, or transferred without authorization, civil liability, such as a damages lawsuit for the violation of the Unfair Competition Prevention and Trade Secret Protection Act, may follow, so caution is required.
In such a case, it is advisable to seek advice and assistance from a specialized attorney in order to contest issues such as whether there was intent, the similarity, and the act of unfair competition itself.

Fair Trade 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
주요 업무사례
더보기
All fields At a glance
1/0