Lee International

The rise of counterfeit design products[1] on major e-commerce platforms has become increasingly problematic, with large-scale distributors adopting more sophisticated methods to infringe on design rights. Traditional investigative approaches, which often rely on reports and complaints are no longer sufficient to address these complex crimes. Investigative challenges are particularly evident on platforms that limit public access, , such as membership-based or group-buying sites, as well as certain social media channels, , making it harder  for authorities  to gather evidence of infringement.

To address the growing issue of design infringement by habitual large-scale distributors, the Korean Intellectual Property Office (KIPO) has launched the ‘Design Infringement Enforcement Support Team’ (hereafter ‘Support Team’) on April 1, 2024. The Support Team will proactively monitor counterfeit product distribution in large-scale markets and gather investigative information by posing as buyers or retailers to uncover habitual infringers.

Securing design rights through registration is essential to preventing design infringement effectively. Recent amendments to the Design Protection Act, effective from December 21, 2023, have extended the application period for related designs from 1 year to 3 years. This change allows for the protection of modified designs for popular products, enabling design rights holders to expand their design portfolio, boost market competitiveness, and better guard against design infringement.