This article is a comparative study on the Agri-food Certification System and Certification Mark System based on the Korea-US FTA agreements adapted in April 2, 2007.
Korea had argued about the introduction of Certification Mark System when Korean T...
This article is a comparative study on the Agri-food Certification System and Certification Mark System based on the Korea-US FTA agreements adapted in April 2, 2007.
Korea had argued about the introduction of Certification Mark System when Korean Trademarks Act in 2004 was amended.
The Korean government did not introduce the Certification Mark System at that time due to the difficulties that would arise, such as the new system settlement, different function and quality certification function as well.
As a result of the Korea-US FTA agreements, it is required to introduce the non-visual marks such as sound · smell trade mark, and the need to introduce the certification mark system. Some even revised the Korean trademark law and it has been submitted to the National Assembly.
Based on the introduction of the certification mark system, the trade-mark quality certification function will be enhanced. And being undertaken by individual law, Agri-food quality certification system is expected to have an overlapping legal protection range when compared to the new system.
In this study, Trademarks and service marks, as well as the collective marks will be discussed. In addition, the geographical indications and quality certification marks will be conferred which concentrates primarily on establishing the concept of the certification mark adjacent to the other concepts. In the light of the premises, I will discuss the certification mark system that of the korea trademark law amendments (No.1518, 2008. 10. 13 submitted to the Assembly). Subsequently, this article has researched about the international trends and major countries operating certification mark system.
The Korean domestic Agri-food Quality Certification System is classified into 3 types (i.e. Agri-food Environmental - Friendly Agricultural Products Certification System, Agri-food Safety System and Agri-food Quality Certification System). In addition I will also embark upon the other kinds of certification system.
In relation to this, I will make a legal analysis on agri-food certification system and further talk about agri-food certification system in other countries as well.
Certification mark system and the agri-food quality system are protected by separate laws. I will make a legal analysis that would protect the principal (to be authenticated), the registrar, post management, the infringement and its remedies. Moreover, I will discuss about the legal issue claims that would occur when Certification mark system is introduced.