My imported goods are held at customs for IPR infringement. Will simply proving they are genuine goods suffice for clearance, or do I also need to check parallel import eligibility? Released

I understand you are concerned about the suspension of customs clearance for your imported goods due to suspected intellectual property rights infringement. As a customs broker, I will explain in detail whether simply proving that the items are genuine products is sufficient for clearance and why it is necessary to verify the eligibility for parallel importation.

1. Importance and Requirements of Proving Genuine Products

One of the primary reasons customs decides to withhold clearance based on suspected intellectual property infringement is to prevent the domestic distribution of counterfeit goods. Therefore, proving that the imported goods are "genuine products" lawfully manufactured or distributed with the permission of the right holder is the first and most crucial step toward resuming customs clearance.

To prove that the goods are genuine, you may prepare the following documents:

• Proof of Purchase for Genuine Goods: Documents that clearly show the purchase route, such as purchase receipts, contracts, invoices, and packing lists.
• Confirmation from the Manufacturer or Overseas Seller: A document confirming that the goods were produced and distributed by the right holder (trademark holder, etc.) or a manufacturer/seller officially authorized by the right holder.
• Proof of Origin Documents: Using a Certificate of Origin to confirm the production site and proving that the site is associated with the right holder.
• Supply Chain Related Documents: Materials showing that the supply chain—from the importer to the overseas supplier and the manufacturer—is legitimate.

If it is explained through these documents that the goods are genuine products with lawfully attached and distributed trademarks in a foreign country, there is a high possibility that import clearance will be permitted. However, an important additional factor to consider, even for genuine products, is the eligibility for "parallel import."

2. Necessity of Verifying Parallel Import Eligibility

Even if products are genuine, customs clearance may be restricted if they do not meet the requirements for parallel importation. Parallel importation refers to a third party importing a specific foreign product, which is already being imported by an exclusive domestic importer, through other distribution channels without the exclusive importer's permission. The critical point here is that they must be "genuine products." Counterfeit goods cannot be subject to parallel importation in the first place.

In Korea, the function of a trademark is viewed as "indication of source" and "quality assurance." In principle, parallel importation is allowed as long as these functions are not undermined. However, for certain products, if there is a possibility of damaging the reputation of the trademark holder or causing consumer confusion, parallel importation may not be permitted. For example, if services such as A/S (after-sales service) or quality guarantees provided by the domestic exclusive importer are not available for parallel imported goods, it may cause confusion for consumers.

Therefore, even if your goods are confirmed to be genuine, you must check whether they fall under items for which parallel importation is prohibited.

How to Verify Parallel Import Eligibility:

For items where the trademark has been reported to customs, you can check parallel import eligibility through the Korea Customs Service UNIPASS system.

• Access Path: Korea Customs Service UNIPASS (https://unipass.customs.go.kr) → Information Inquiry → Clearance Information → Import → Trademark Customs Notification Information → Detailed Search of Trademark Customs Notification Information

By entering the trademark name or the right holder's information in this path, you can check whether parallel import eligibility is marked as 'Y' or 'N' for each designated product.

If the trademark is not reported to customs, it will not be searchable on UNIPASS. In this case, you must individually determine whether the parallel import requirements for the trademark are met. Since this process requires legal interpretation, you must comprehensively review the positions of the trademark holder or domestic exclusive importer, relevant precedents, and administrative interpretations. Professional help is essential during this process.

3. Comprehensive Understanding and Response to IP Rights Clearance Suspension

Clearance suspension of goods infringing on intellectual property rights may not be limited to trademark issues alone. Infringements on various other forms of intellectual property, such as copyrights, design rights, and patent rights, may also be reviewed. Therefore, it is important to confirm accurate information from customs regarding which specific intellectual property right (e.g., trademark right) infringement is suspected.

If the submitted documents do not sufficiently prove that the goods are genuine, or if they are judged to be items for which parallel import is impossible, customs may deny clearance and order the disposal or return of the goods. Furthermore, if the infringement is deemed intentional, it could lead to legal penalties under the Customs Act and related intellectual property laws, requiring a cautious response.

In conclusion, when clearance is suspended due to suspected intellectual property infringement, both "proving the product is genuine" and "verifying parallel import eligibility" are essential procedures. This process requires complex and specialized knowledge regarding the types of documents to submit, legal interpretations, and the explanation process with customs. Therefore, if you face such a situation, it is strongly recommended that you consult with a customs broker—a specialist in intellectual property customs clearance—to analyze the situation accurately and find an effective response. Reducing unnecessary risks through a preliminary review and striving for smooth customs clearance is the wisest approach.