According to a Korean Intellectual Property Office (KIPO) press release, the number of reports concerning online counterfeits has increased by 204.4% year-on-year following the increase in online shopping during the COVID-19 pandemic. In response, KIPO has devised a number of measures to more effectively combat the rapidly increasing online distribution of counterfeit products while minimising damage to consumers.
The Korean Intellectual Property Office (KIPO) operates a special judicial police (SJP) unit under which officials belonging to the KIPO can take charge of criminal cases relating to the infringement of IP rights. Over the past decade, the SJP has handled approximately 45,000 cases, close to 3,500 criminal charges have been made and approximately 12 million counterfeit products have been confiscated.
When determining the similarity of designs, how is a court's judgment affected when a design element has commonality with a functional element? A recent Supreme Court decision allows some insight into this question. Per existing precedent, the Supreme Court ruled that where the common parts of compared designs are an intrinsic part of the product, or a basic or functional form of the design, such parts should be given low importance.