On April 20, 2026, the Korea Cosmetic Association (KCIA) issued Notice No. 4-161, forwarding document No. 2757 from the Ministry of Food and Drug Safety (MFDS) Cosmetic Policy Division. The notice announces a legislative proposal initiated by Representative Baek Jong-heon to partially amend the Cosmetics Act, and invites public comments. The core objectives of the proposed amendment are to strengthen regulatory measures against the sale of "IP-infringing cosmetics" and to establish an export support mechanism. The KCIA feedback deadline is April 23, 2026.
Background
Counterfeit cosmetics that infringe trademark, patent, and design rights have remained a persistent issue in both domestic and overseas markets, undermining brand value and economic interests of legitimate businesses while posing potential safety risks to consumers. In addition, South Korean cosmetics exporters frequently encounter IP infringement challenges abroad, necessitating institutional support.
Key Proposed Changes
The key proposed changes include：
- New prohibition on sale of IP-infringing cosmetics: The sale of cosmetics determined to infringe trademark rights, patent rights, or registered design rights shall be explicitly prohibited.
- Enforcement authority for regulatory agencies: Upon confirming that a business is engaged in the manufacture, import, or sale of IP-infringing cosmetics, relevant authorities may require the operator or seller to take necessary measures, including but not limited to removing related product listings from online marketplaces.
- Export support mechanism: To assist South Korean cosmetics companies in addressing IP infringement issues in overseas markets, the proposed amendment seeks to establish an export support framework, including efforts to eliminate the distribution of IP-infringing cosmetics abroad and providing support to companies subject to export restrictions.
Definition of "IP-Infringing Cosmetics"
Under the proposed amendment, "IP-infringing cosmetics" refers to cosmetics determined to have infringed the following rights:
- Trademark rights
- Patent rights
- Registered design rights
Implications and Recommendations
The proposed amendment would be the first provision in the Cosmetics Act to establish an explicit sales ban on IP-infringing cosmetics. Companies operating in the South Korean market should ensure that their products do not infringe the trademark, patent, or design rights of Korean entities, while monitoring the legislative process and proactively conducting IP compliance reviews. The newly proposed export support mechanism is expected to provide stronger institutional safeguards for companies facing IP disputes in overseas markets.
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