Shopping during overseas trips is a major source of enjoyment for travelers. Unique local products or discounted brand items often attract the attention of travelers. However, while shopping abroad, you may be tempted to purchase counterfeit luxury goods, commonly known as "knock-offs," at lower prices. Is it legal to bring such counterfeit items into Korea? Let's examine whether customs may seize counterfeit goods purchased abroad and the legal risks involved.
Export and Import of Counterfeit Goods, Customs Law, and the Risks of Bringing in Knock-offs
The export and import of counterfeit goods are strictly prohibited under Korean Customs Law. According to Article 235 of the Customs Act, importing or exporting goods that infringe on intellectual property rights, such as trademarks, copyrights, and patents, is illegal. If such goods are detected, customs may hold them or seize them, as a way to protect the legitimate market and intellectual property rights. Violators may face legal consequences, making the purchase of counterfeit goods risky, both financially and legally.
Key Points of Article 235 of the Customs Act:
- Prohibition of Intellectual Property Infringement: Exporting or importing counterfeit goods that violate trademarks, copyrights, or patents is strictly prohibited.
- Customs Seizure: If counterfeit goods are discovered, customs may withhold or seize them, leading to their destruction or return. Any goods purchased could effectively become useless.
- Legal Penalties: Deliberate import or export of infringing goods can lead to fines or imprisonment, which could negatively affect one's personal credit and future career prospects.
Exceptions to Bringing in Counterfeit Goods and Permitted Conditions
However, not all cases of bringing in counterfeit goods are prohibited. According to Article 243 of the Enforcement Decree of the Customs Act and Article 3 of the Notice on the Handling of Customs Procedures for the Protection of Intellectual Property Rights, there are exceptions where individuals can bring in small quantities of counterfeit goods for personal use. While this is allowed, there are several important considerations.
Article 243 of the Customs Act Enforcement Decree (Exclusion of Application):
- Personal Use Exemption: Counterfeit goods brought in as personal items for non-commercial use may be exempt from the application of Article 235.
- Handling Notice for Intellectual Property Rights Protection, Article 3 (Exclusion of Application): Individuals can bring in up to one item per category, and a total of two items, as personal effects.
Conditions for Exception:
- Personal Use: The goods must be for personal, non-commercial use. Bringing in goods for resale is strictly prohibited.
- Traveler's Carry-on: The goods must be carried personally during travel. Items purchased online and shipped to Korea are not exempt from the law.
- Small Quantity: Only one item per product category and a maximum of two items in total can be brought into the country.
Examples of Permissible Quantities of Counterfeit Goods
- Example 1: Bringing one counterfeit watch (e.g., one fake Rolex watch) is allowed, as it meets the criteria of one item per category and a total of two items.
- Example 2: Bringing two counterfeit watches (e.g., two fake watches) is not allowed. One item will be seized by customs for exceeding the one-item-per-category limit.
- Example 3: Bringing one counterfeit bag and one counterfeit wallet (e.g., a Louis Vuitton bag and a Gucci wallet) is allowed, as they are from different categories, and the total number is within the limit.
Important Notes When Bringing in Counterfeit Goods
- Personal Use Only: Counterfeit goods must be for personal use, and bringing them for resale is prohibited. Giving counterfeit goods as gifts to friends or family could also be misinterpreted as commercial use, so caution is advised.
- Traveler's Carry-on: The goods must be carried with you while traveling. Items shipped by international mail or courier services do not qualify for the personal-use exception and could be seized by customs.
- Keep Receipts: It’s advisable to keep receipts as proof of purchase in case customs asks for documentation.
Legal Risks and Penalties for Bringing in Counterfeit Goods
Importing counterfeit goods can lead to legal consequences. Infringing on intellectual property rights can result in up to three years of imprisonment or fines of up to ₩30 million. Seized goods may be confiscated by customs and either destroyed or returned. The purpose of these penalties is to prevent economic damage to legitimate manufacturers and uphold intellectual property rights. Additionally, bringing in counterfeit goods may lead to unnecessary legal issues and could negatively impact future overseas travel.
Tips for Safe and Legal Shopping Abroad
- Purchase Genuine Products: Genuine products guarantee quality and safety. Counterfeit goods may not meet safety standards and could pose health risks, particularly in categories like cosmetics or electronics. It's advisable to purchase genuine products to ensure your safety.
- Familiarize Yourself with Customs Regulations: Before traveling, check the Korean Customs Service website for information on allowable imports and restrictions. Keep receipts and be prepared to present them at customs if required. This preparation can help avoid any unnecessary complications at customs.
- Shop at Official Stores: When shopping abroad, buying from official brand stores or certified retailers is the safest way to ensure authenticity. Official purchases come with no risk of counterfeiting, and after-sales service is guaranteed.
- Check Local Laws: Some countries may have strict laws prohibiting the mere possession of counterfeit goods. Knowing the laws of the destination country in advance can help you avoid legal issues.
- Keep Receipts and Invoices: Keeping receipts and invoices of your purchases can serve as proof of authenticity and are useful if customs requests verification.
Be Cautious with Counterfeit Goods
While it can be tempting to buy counterfeit goods abroad, it’s essential to remember that strict legal regulations govern their importation into Korea. Purchasing genuine products guarantees both quality and safety, and helps protect intellectual property rights, contributing to a positive social impact. Buying counterfeit goods is not merely a personal choice, but one that can harm legitimate businesses and the wider economy. Travel responsibly and enjoy your shopping abroad by choosing authentic products. It’s the smart choice for both your safety and to avoid legal problems.
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