Unfair Competition Consulting
While it is preferable to protect corporate brands, achievements, ideas, and commercial value through patents, trademarks, and designs secured through application, examination, and registration procedures, disputes in reality do not always arise only when such rights are fully secured. Ingenious unauthorized copying or configuration imitation targeting loopholes in the legal framework damages corporate goodwill and inflicts fatal blows to business. Even in situations where formal protection is insufficient, LEE & MOCK IP seeks ways to secure formal rights. Through relevant laws such as the Unfair Competition Prevention and Trade Secret Protection Act, we protect corporate intellectual property even when formal registration has not been achieved. To help clients prepare for competitors' imitation and misappropriation, we deliver effective response measures against diverse acts that infringe upon corporate goodwill and achievements.
Key Services
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1. Response to Unfair Competition (Enforcement & Defense)
Response to Acts Causing Confusion with Goods or Business Operations Sanctioning third-party acts that imitate prominent trademarks, trade names, containers, packaging, etc., thereby causing consumers to mistake or confuse the source of goods or business operations
Response to Imitation of Product Configuration Proactively blocking and seeking injunctions against unauthorized third-party imitation of a product's unique appearance, shape, or configuration (Trade Dress) for market launch
Response to Misappropriation of Achievements and Unauthorized Use Severely responding to the leak of ideas stolen during contract negotiations, or the unauthorized misappropriation and commercial use of business achievements completed through clients' substantial investment and effort
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2. Search • Analysis & Dispute Response (Analysis & Litigation)
Review of Unfair Competition Applicability Conducting precise legal analysis and infringement diagnosis on whether suspicious competitor activities in the market constitute prohibited acts under the Unfair Competition Prevention Act; analyzing potential unauthorized imitation (regardless of intent) before launching new products, and establishing protection strategies under Article 2(1)(k) (unauthorized misappropriation of achievements) of the Unfair Competition Prevention Act
Marketing • Advertising Risk Management Pre-screening risks related to false, exaggerated, or defamatory advertising under the Fair Labeling and Advertising Act and the Unfair Competition Prevention Act to eliminate potential legal disputes at the source
Establishing Strategies Linking Industrial Property Rights and the Unfair Competition Prevention Act Designing multi-dimensional dispute response strategies that generate synergy by combining industrial property rights infringement claims (patents, trademarks, designs) with injunction claims against unfair competition from various angles
Issuing Cease-and-Desist Letters & Negotiation Promptly sending cease-and-desist letters upon discovering unfair competition to halt infringing activities early, and representing clients in strategic negotiations to settle disputes on favorable terms
Handling Civil & Criminal Procedures Flawlessly executing comprehensive legal procedures, ranging from civil remedies such as preliminary injunctions against infringement and claims for damages to criminal complaints against infringers
