Repair and reuse products, Depending on the degree of processing and repair, Trademark infringement issues may arise.

－G Mr. Clean and disassemble the old luxury luggage, Create your own unique design, And sell them on the open market. When he refurbished his products for their good value, When you feel proud of a good customer review, I recently received a letter from the owner of the trademark, Ask him to stop selling these products.

－N Ladies through social networking services (SNS) Bought an antique in the shape of a famous logo at a low price (Return to the ancients) Accessory. however, When she learned from a friend that the product was not genuine, It's reuse (Upgrading and reconstruction) product-hour, She tried to get a refund, But the seller's account has been closed. finally, She reported the seller through the Counterfeit Goods Reporting Center.

Korea Intellectual Property Office (KIPO) Recently announced, When selling or circulating products marked with the trademarks of others, If it is modified or reused, It may constitute trademark infringement or unfair competition, So you have to be careful.

lately, "Nike Multi-purpose (reusable) War bag" It is becoming increasingly popular on the Internet in South Korea, After modification (renovate) And reuse (upcycling) The products are sold in various forms, Like a crossbody bag, Backpack, Purses and pockets, etc.

here, To transform or refurbish means to change clothes, Design of bags, etc, Color etc, Make it a new form; Reuse or upcycling, To add a design to an abandoned product, Make it a product with new value.

however, Whether Nike's refurbished products violate trademark rights has sparked controversy. Some people think this is not a problem, Because it's a modification of the original product, So it's no different than selling used products; Others argue that this is trademark infringement, Because it used the trademark and profited from it without Nike's consent.

Refurbish and reuse products as part of an environmentally friendly consumer culture, It has become more and more popular in recent years. You can take a worn out luxury bag or a piece of clothing and give it a makeover, You can also put the logo of a famous brand (logo) Become a pair of earrings, necklace. The purpose of this is to make a statement, Help protect the environment, Reduce overconsumption.

however, Many refurbished and reused products sold online are made without the consent of the trademark owner, These products change the appearance of the original product into a completely different form during the production process, But the trademark and logo were almost intact. This is different from simply processing or repairing a part of the product, To maintain the quality and shape of the original product.

According to South Korea's Supreme Court 2003 years 4 month 11 Day control 2002-3445 A precedent on the outcome of a judgment, If processing or modification impairs the characteristics of the original product, It is equivalent to the actual production activities, Therefore, it constitutes trademark infringement［ "Trademark law" The first 108 Article No 1 paragraph (1) item］.

Even if the processed or modified product looks very similar to the original product, And it's hard to identify them. Due to the fabric used in the repair product, unit, The process is different from the original product, Therefore, the repaired product may be considered to have compromised the quality assurance function of the trademark.

Even if the trademark owner has no objection to selling the refurbished product, Trademark infringement is also a non-secret crime. therefore, If the buyer reports it, And found that the producers violated trademark laws, The latter will be punished.

In addition, Even if the original buyer knew the product was refurbished, But when refurbished products are sold again as used products, It can be misinterpreted and confused for the real thing. therefore, Must proceed with caution.

especially, Sell products that are identical or similar to others' trademarks and logos that are widely recognized in Korea, The act of causing confusion with the products of others, It may also constitute unfair competition ( "Anti-unfair competition law" The first 2 Article No１paragraph) .

KIPO Park Joo-yeon, head of the trademark Special Judicial Police Division (박주연, transliteration) said: "The spread of a consumer culture with good intentions for the environment can easily become a trigger for trademark infringement and intellectual property disputes. It is not a problem for individuals to make and use refurbished and reused products, But here's the caveat, sell, Distribution or transfer of these products may constitute a violation of trademark law. " (Be compiled from www. kipo. go. kr)

TRANSLATORS: Cheng Yu　proofread: Liu Peng



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