Establishing a Public-Private Cooperation Framework to Address the Unauthorized Use of Artists’ Names and Images and Infringements Involving K-Goods -

DAEJEON - The South Korea’s Ministry of Intellectual Property (MOIP), led by Minister Kim Yong Sun, will hold a ceremony to launch the "Publicity Rights Protection Consultative Body" with five major domestic entertainment agencies on June 23 at the Korea Intellectual Property Center, according to the official website of the Ministry.

※ Participating Entertainment Agencies: CJ ENM, HYBE, JYP Entertainment, SM Entertainment, and YG Entertainment.

This consultative body was established to enable a faster and more effective response to the growing infringements of publicity rights and intellectual property rights involving K-pop merchandise amid the continued global expansion of K-culture.

The right of publicity protects public figures from the unauthorized commercial use of identifying features such as their names, images, and signatures. In order to strengthen the framework for effective protection, amendments to the Unfair Competition Prevention and Trade Secret Protection Act were made in 2022 to authorize administrative investigations into infringements of publicity rights and in 2024 to introduce corrective orders.

However, concerns have continued to arise regarding the limitations of responses undertaken by individual entertainment agencies or the government on its own, especially when infringing content posted online can spread widely within a short period and counterfeit merchandise continues to be distributed through offline channels. Also, the growing use of AI in infringements has heightened the urgent need for effective institutional and regulatory improvements.

Reflecting these concerns from the industry, MOIP has established a public-private cooperation framework with the participating entertainment agencies to promote a range of initiatives, including ▲ sharing case studies of infringement on publicity rights and K-goods, ▲ verifying infringement information and linking it to administrative investigations and enforcement actions, ▲ improving the effectiveness of corrective orders and other enforcement measures, and ▲ identifying institutional reforms needed to address AI-enabled infringements.

At the launch ceremony, participants will share major infringement cases and practical challenges encountered in responding to them. They will also discuss the policies and institutional reforms necessary to enhance the effectiveness of protection.

MOIP plans to operate the consultative body on a regular basis and continuously review emerging infringement patterns, relevant policies, and industry demand for institutional improvements. Through these efforts, the Ministry intends to further strengthen the protection of publicity rights and intellectual property associated with K-pop merchandise.

Minister Kim stated, “Protecting publicity rights and K-pop merchandise means protecting the legitimate value of the K-content industry. Effective responses become possible when the expertise of entertainment agencies, which understand the realities on the ground better than anyone else, is connected with the investigative and enforcement capabilities of MOIP.”

He added, “Having personally worked to advance the amendment to the Unfair Competition Prevention Act when the publicity rights protection system was introduced in 2022, I feel a particular sense of responsibility. The launch of this consultative body will serve as an opportunity for the public and private sectors to work together to ensure that the legitimate rights of our artists and creators are fully respected.”