1. Definition of Geographical Indication The Agreement on Trade-Related Aspects of Intellectual Property Rights, known as the TRIPs Agreement, as well as the World Trade Organization (WTO) define Geographical Indication as a name or sign used as an indication of the specific territory or region where a product originates, and acts as certification of a product's quality due to its geographical origin. Some well known examples of these are Champagne, Tequila, and feta cheese, among others. 2. Protection of Geographical Indication under TRIPs In the TRIPs Agreement, protection of Geographical Indication can be divided into two main categories: general geographical indication, and wines and spirits. With the general geographical indication, parties acceded to the WTO are requested to enact laws rejecting or invalidating trademarks that inappropriately use such indication in order to create confusion among the public. As for the protection of wines and spirits, parties are requested to reject or invalidate trademarks that inappropriately use Geographical Indication irrespective of whether confusion is created. 3. Previous Protection of Geographical Indication in Korea In Korea, Geographical Indication is protected under Unfair Competition, Trademark Law, and Trade Secret Law, in accordance with the WTO and TRIPs. Both Unfair Competition and Trade Secret Law prohibit the unauthorized use of such indication, while Korean Trademark Law prohibits the registration of Geographical Indication as a trademark. Trademark Law also has a specific provision directed at wines and spirits that rejects any attempt to register their Geographical Indication, even though indication to not confuse the public is produced on either the mark or the product itself. These are viewed as passive types of protection, where ownership of Geographical Indication is not allowed, yet its use by entitled users is allowed. In this way, those who are legitimately entitled use of Geographical Indication can still be injured by others unauthorized use. Therefore, protection afforded to this point cannot be said to have completely protected the entitled users. 4. Proposed Amendment of Trademark Law allowing registration of Geographical Indication. A study aimed at amending the Trademark Law to allow the registration of Geographical Indication was undertaken after Korea acceded to the TRIPs Agreement. Public hearings were held starting in early 2004, debating whether to afford protection to the Geographical Indication. As the desire to provide a parallel protection to those of other member countries and to promote the development of a local specialty industry grew, it outweighed concern and the Korean Industrial Resource Committee passed the draft amendment December 2, 2004. Thus, beginning in July of 2005, Geographical Indication could be registered according to the amended Trademark Law. 5. Details of the Amended Trademark Law The amendment expanded the definition of Collective Marks to encompass geographical indication. However, only the legal entity of those who produce, manufacture, or process the goods subject to protection for a living are eligible to seek registration of Geographical Indication. The Korean Intellectual Property Office (KIPO) recognizes Collective Marks as marks intended to be used with respect to the goods or services of members of a legal entity founded by and composed of persons in the same line of business, being closely associated therein, and who are thereby controlled by the legal entity. Take, for instance, a group of grape growers who have gotten together and formed a legal entity can seek to register a collective mark on the grapes they produce. It is felt that because Geographical Indication is a trait that can be shared among those involved in similar trades, it made sense to revise the previous Collective Mark clause to encompass the Geographical Indication. 6. Basic Requirement for filing Geographical Indication Since only a legal entity is eligible to file Geographical Indication, an article of incorporation must be submitted at the time of filing. In addition, the Commissioner of KIPO is to take into consideration the opinions of the Minister of Agriculture & Forestry, as well as the Minister of Maritime Affairs & Fisheries, to determine whether the sought after marks should be considered as Geographical Indication. 7. Scope of Protection The protection of Geographical Indication extends only to the same mark, not to similar marks. Since Geographical Indication is deemed to be known to consumers, this monopoly will not extend beyond the exact mark itself. 8. Limitation on the Reach of Geographical Indication The registrant of a Geographical Indication cannot prevent the registrant of an earlier trademark that comprises the same or similar Geographical Indication from using the mark in producing the same or similar goods. In addition, those who are not a member of the registrant legal entity of the Geographical Indication, but are nonetheless producing, manufacturing, or processing the same or similar goods from the same geographical origin are entitled to use the Geographical Indication. 9. Invalidation of Geographical Indication The amended law provides that if the Geographical Indication should no longer be used or protected in the place of origin, it will be susceptible to anyone who seeks to invalidate it. The TRIPs Agreement similarly denies protection of Geographical Indication that is no longer in use. 10. Cancellation of Geographical Indication Should the registrant legal entity allow an un-entitled person to be a member, or exclude an entitled person from the legal entity, then anyone can seek to cancel the Geographical Indication. Same sounding, but different meaning Geographical Indication can be canceled if certain precautionary steps to avoid consumer confusion are not taken. This effort is in place so that consumers are not misled by similar Geographical Indication. Furthermore, insufficient administration of Geographical Indication by the registrant legal entity, such as an intentional delay in protecting the Geographical Indication, can lead to its cancellation. 11. Protection for the Unregistered Well-Known Geographical Indication A Geographical Indication that is the same or similar to another well-known local or foreign Geographical Indication, in order to obtain an unjust profit, is ineligible for registration.