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IP Newsletter | Winter 2017/18
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TRADEMARK, DESIGN & UNFAIR COMPETITION
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The Olympics and Ambush Marketing in South Korea
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The 2018 PyeongChang Olympic and Paralympic Winter Games are fast approaching, and among the many topics of interest surrounding the Games, the issue of ambush marketing has become a focus of discussion in South Korea.
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Historically, South Korea has not specifically targeted ambush marketing in its laws, although some provisions of the Trademark Act and Copyright Act regulate certain activities typically associated with ambush marketing (such as trademark infringement, protection by copyright of mascots, etc.). More recently, the 2018 PyeongChang Olympic and Paralympic Winter Games Act (the "Special Act") was enacted to prohibit the unauthorized use of Games-related symbols, Olympics logos, slogans, etc., but did not specifically address the issue of ambush marketing when initially introduced, leading to some uncertainty regarding whether such activities might be tolerated.
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However, the government has now indicated its intention to regulate these activities by amending the Special Act on December 30, 2017 to add specific provisions concerning ambush marketing activities surrounding the Winter Games.
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While the language of the amendment (codified in Article 25-3) is not particularly detailed, the following provisions have been added with respect to ambush marketing:
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"Prevention of Ambush Marketing
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Any person other than ones entitled to use Games-related symbols by the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games ("POCOG") shall not infringe another party's economic interest by the following, even if Games-related symbols* are not directly used:
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i)
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Labeling or advertisement that misrepresents a certain company, business operator or its products and services as being related to the Games or POCOG by linking them with national team players, specific games or game facilities
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ii)
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Labeling or advertisement that misrepresents a certain company, business operator or its products and services as being related to the Games or POCOG by using a registered trademark (limited to word mark)
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iii)
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Labeling or advertisement that misrepresents a certain company, business operator or its products and services as being related to the Games or POCOG by linking them with support for games or a national team
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iv)
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Providing or undertaking to provide tickets of games or goods as giveaways which are sold for the POCOG's profit in order to sell the products and services of a certain company, or business operator
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v)
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Other acts causing misperception of a close relationship to the Games or POCOG by means of (i) to (iv) above"
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* Games-related symbols mean any of the following symbols.
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1.
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Games-related insignias, mascots, torches, medals, testimonials, slogans, theme songs, pictograms, the flag of the Games, commemorative money, memorial stamps, public publications, posters, designs of uniforms, and visual symbols, all of which are designated by the POCOG (Look of the Games);
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2.
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Various marks, designs, mottos, music, and sculptures containing the symbols referred to in subparagraph 1;
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3.
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Those similar to the symbols referred to in subparagraph 1.
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This amendment will be effective until March 31, 2019. No penalty clause is attached to this amendment; however, violations may give rise to claims for damages compensation under the Korean Civil Code.
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Back to Main Page
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If you have any questions regarding this article, please contact:
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For more information, please visit our website: www.ip.kimchang.com
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