South Korea Moves to Strengthen Online Monitoring Against Design Imitation in Fashion and Cultural Products

Imitation products that cleverly replicate design features, beyond outright trademark counterfeits, are increasingly penetrating South Korea’s distribution channels, especially online. This trend spans K-fashion, K-beauty, and cultural products, prompting legislative action to curb design rights infringement in digital marketplaces.

Industry sources reported on June 16 that the distribution of design-imitating products is surging, primarily through online open markets, social network services (SNS), and closed shopping malls. The Korean Intellectual Property Office (KIPO) monitored 2,937 suspected cases of online design rights infringement between 2024 and 2025.

Experts anticipate that the number of design-infringing products will continue to rise due to the expansion of e-commerce and increased overseas direct purchases.

A notable example is MU:DS, a cultural product brand under the National Museum Cultural Foundation. MU:DS recorded sales of 21.8 billion won in the first half of 2024, nearly doubling the 11.4 billion won from the same period last year. During this timeframe, 12,000 miniatures were sold, pushing cumulative sales beyond 61,000 units.

With MU:DS’s growing popularity, the market has seen a corresponding increase in similar products that imitate its designs. At a policy meeting on June 13 focused on protecting intellectual property rights for products utilizing national heritage, KIPO emphasized the urgent need for preemptive monitoring, distribution blocking, and clear guidelines to prevent the sale of counterfeit goods.

Design imitation poses a particularly serious challenge in the fashion industry. The sector’s rapidly evolving trends and prevalence of similar designs make it difficult to prove infringement, while copycat products spread quickly via online platforms.

Industry stakeholders concur that preemptive blocking of counterfeit products at the distribution stage is more effective than post-infringement remedies, as design competitiveness directly influences brand value.

In response, the National Assembly has initiated a legislative overhaul. On June 15, Representative Oh Se-hee of the Democratic Party of Korea proposed an amendment to the Design Protection Act aimed at preventing the online distribution of design imitation products.

Current laws primarily focus on post-infringement relief, limiting rapid responses to online distribution of counterfeit designs. The proposed amendment establishes a legal foundation for online monitoring of design rights and exclusive licenses. It mandates the creation and operation of a monitoring information system capable of continuously detecting design imitation products.

Furthermore, the amendment links monitoring results with the special judicial police unit of KIPO, enabling swift investigations and crackdowns on suspected infringement cases. This approach aims to minimize damage to rights holders by facilitating early detection and blocking of counterfeit products online.

The reform is expected to particularly benefit small and medium-sized enterprises and individual designers, who often lack resources for independent online monitoring. By instituting a government-led regular monitoring system, the amendment shifts the burden away from rights holders having to identify and respond to infringements themselves.

Representative Oh highlighted the economic and market implications, stating, "Design is an important means of increasing brand value, so design imitation is a serious economic crime and an act that breaks down fair market order. Through this amendment, we will thoroughly monitor the distribution of imitation products to protect designers and increase the value of creation."

This legislative initiative reflects South Korea’s commitment to safeguarding intellectual property rights in the digital age, particularly as e-commerce platforms become dominant channels for both legitimate and counterfeit goods.