商标、外观设计与不正当竞争

"They maintain an excellent international legal network to provide the best supporting team for their client."

- The Legal 500 Asia Pacific

概要

BKL’s IP Practice Group is equipped with the capability to proactively prevent challenging trademark, design and unfair competition issues from a comprehensive perspective, and to effectively resolve when disputes arise, drawing on practical insight, abundant experience in dealing with disputes, and profound legal knowledge. 

Customized, Strategic Guidance

In today’s competitive market, trademarks and designs are not only essential for business survival but also key drivers for attracting customers. Product identifiers, forms, publicity rights, trade dress, and other assets that result from significant investment and efforts have become the subject of robust protection. New business models, however, often face challenges from unexpected and evolving unfair trade practices. In matters of trademarks, designs and unfair competition, it is all the more important to present solutions based on the adequate understanding of the industry and customers’ needs, as there is constant tension between protecting customers’ intangible assets and allowing public freedom in creative and marketing activities. BKL’s IP Practice Group offers tailored advice that maximizes the value of creative business initiatives based on in-depth understanding of industry dynamics, customer needs and extensive practical experience in trademarks, designs, and unfair competition systems. We advise to proactively prevent unnecessary disputes and provide comprehensive solutions to protect clients’ rights in the event of unfair infringement of rights or disruptions to fair trade practices. 

Effective and Strategic Responses in Disputes 

Trade-related disputes may appear straightforward at first glance; however, there is a range of litigation strategies that can be optimized for each case based on practical insights for optimal results. Design disputes, likewise, frequently demand a comprehensive approach that goes beyond addressing simple infringement issues. These cases benefit from a nuanced understanding of industry standards, related rights, and regulatory frameworks, enabling our team to offer solutions that protect and maximize clients’ assets in a competitive market. For unfair competition cases, proactive, creative legal strategies are increasingly important as new forms of unfair practices emerge. To mitigate legal risks in this ever-evolving area, it is crucial to have a comprehensive approach informed based on in-depth understanding of the IP system, expert perspective for the industry and customers, and analysis of various contractual relationships. BKL’s IP Practice Group brings together a team of attorneys, foreign legal advisors, patent attorneys, and experienced staff—including former officials from the Korean Intellectual Property Office and other relevant agencies—to collaborate and provide multifaceted litigation strategies. We work closely with clients to customize responses that meet their specific needs, helping to achieve the best outcome through clear and continuous communication. 
 

 

主要业务

Strategic guidance on establishing brand protection policies
Advice overseas companies on the strategies to manage portfolios and brand protection strategies for conducting business in Korea
Litigation for challenging ruling or trial decision at various administrative agencies and courts
Representation in civil and criminal disputes involving trademark and design infringement
Advice on rights enforcement in the event of trademark or design infringement, including customs interventions
Advice on addressing unfair competition practices and representation in related disputes
Advice on the IP transactions between affiliate companies
Advice on the negotiation and review of trademark coexistence agreement

主要业绩

Advised a foreign textile company on brand protection policies and measures
Managed and advised on a foreign company’s domestic trademark portfolio
Advised a domestic food and beverage company on securing and management of overseas trademarks
Advised a major domestic conglomerate in establishing CI (Corporate Identity) policy guidelines
Represented a large domestic company in disputes involving the infringement of smart device-related trademarks and unfair competition practices
Represented in litigation related to the infringement of well-known character design rights and violations of the Unfair Competition Prevention and Trade Secret Protection Act
Represented in litigation seeking provisional disposition to prohibit a foreign company’s infringement of a domestic trademark
Represented a domestic cosmetics brand in an international arbitration involving similar product issues
Advised a domestic healthcare brand strategy for international enforcement, rights protection, and customs measures
Advised a well-known outdoor product brand on a criminal case related to the renewal of domestic license
Advised an overseas brand on securing its domestic license-in trademark and distribution agreement
Advised a domestic fashion brand on the measures addressing former employees’ production and sale of counterfeit products
Advised a master franchise of a domestic convenience store with entry into an overseas market
Advised on the domestic establishment of a master franchise for an international restaurant brand