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KASAN Newsletter - April 2026

2026.08.28

​I. Korea to Introduce “K-Brand Certification Mark” System with Government as Trademark Owner​ 

 

To address the growing spread of counterfeit K-brand products overseas, the Korean government plans to introduce a “K-Brand Certification Mark” system, under which it will directly participate as the trademark owner.

 

The key feature of the system is that the government will develop a certification mark and register it in approximately 70 countries, allowing Korean companies to affix the mark to their products. Notably, in cases of infringement, the government—acting as the rights holder—will be able to directly request enforcement from local authorities and leverage diplomatic and trade channels, marking a significant shift from the current framework.

 

Until now, companies have faced practical limitations in combating counterfeits abroad, including: passive enforcement by local authorities, prolonged investigations, and low levels of damages awarded.

 

The new system also integrates product authentication technology and data-driven monitoring, enabling real-time tracking of counterfeit distribution and facilitating coordinated, government-wide responses.

 

Overall, this represents a structural shift from company-led enforcement to a joint government–private enforcement model.

 

From a practical standpoint, the system is expected to be particularly useful for consumer goods companies exposed to higher counterfeiting risks. Going forward, key considerations will include how to incorporate the certification mark into brand protection strategies and how to manage it alongside existing trademark portfolios.

 

​II. Trade Secret Original Certification Now Available in Electronic and English Formats​ 

 

Korea’s trade secret original certification system has been updated to allow electronic issuance and English-language certificates, improving its practical usability, particularly in cross-border contexts.

 

The system enables companies to register a hash value of their electronic files with a designated certification authority. In the event of a dispute, the certificate can be used to establish the existence of the trade secret and the timing of possession.

 

With this update, certificates can be issued online without in-person visits, and standardized English certificates, along with apostille eligibility, are now available, making the system more accessible for use in overseas proceedings.

 

That said, the certification serves only as supporting evidence of possession at a given point in time. It does not, by itself, establish the legal status of a trade secret or prove infringement.

 

From a practical perspective, the system can be a useful tool for early-stage evidence building, particularly for companies anticipating potential cross-border trade secret disputes.

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