Hello. I am Attorney Shin Jun-seon from the law firm Cheongchul.

Previously, the main issue was trademark infringement of overseas luxury brands, but recently, there has been a surge in cases of copying product designs from small designer brands or online shopping malls, i.e., copy products. In particular, design theft occurs regardless of the product's price range or category, and the damage is spreading through distribution via open markets.

These copy products have reached a level of imitation where general consumers find it difficult to identify the design and quality differences from the original products. As a result, victim companies that produce the original products often lack the capacity to identify and respond to all infringement cases. Conversely, there are instances where they are mistakenly identified as selling copy products and need to prove their case. Below, we will review effective legal responses to disputes arising from these copy products.

[Question]

What measures can an original product creator take when copy products are being sold?

[Answer]

1. Legal responses to copy products

The major legal bases for responding to copy products include the Copyright Act, Design Protection Act, and Unfair Competition Prevention Act. Each law has different characteristics and advantages, and it is necessary to choose appropriate measures based on the situation or to use them in combination.

2. Contents and characteristics of each law

(1) Protection under the Copyright Act

Copyright arises upon creation and does not require a separate registration process, making it relatively easy to claim rights. However, the Copyright Act protects