“Even If You Buy Fakes, You’re Totally Safe?” — Why Korean IP Law Lets Counterfeit Shoppers Off the Hook

K-pop fans and fashionistas might find this surprising: in South Korea, buying a counterfeit luxury item — what we casually call a "knockoff" — is not a crime. Yes, you read that right. You can knowingly purchase a fake Chanel handbag or a replica Rolex, and you won’t face any legal consequences.

But how is this even possible?

Only Sellers Get Punished, Not Buyers

South Korea’s intellectual property laws are oddly one-sided. While the law harshly penalizes those who manufacture, distribute, or sell counterfeit goods, it turns a blind eye to those who buy them.

Under Article 230 of the Korean Trademark Act, infringing on trademark rights — for example, by producing or selling fake branded goods — can land you in jail for up to 7 years or cost you a ₩100 million fine (about $75,000). But if you're just a consumer? No worries. You’re off the hook, legally speaking.

Even if you knew it was fake when you bought it, there's no criminal liability. Social embarrassment? Maybe. Legal action? None.

Other Countries Take a Tougher Stand

Not every country is this lenient. In places like France and Italy — both proud homes of global luxury brands — even the act of purchasing counterfeit goods is punishable by law. You could face up to 3 years in prison or be fined €300,000 (over $325,000).

These countries view buying fakes as part of the problem, not just a personal fashion choice.

The Song Jia Scandal: A Wake-Up Call?

In 2022, influencer Song Jia (aka FreeZia) wore counterfeit luxury items on TV and social media. She was dragged through the mud by the public, issued an awkward handwritten apology, and disappeared from the spotlight for a while.

But here’s what’s shocking: there was nothing illegal about what she did.

Despite the uproar, the Korean Intellectual Property Office (KIPO) did nothing. No law was broken. No legislation followed. It was a PR scandal, not a legal one.

Who Helped Kim Keon-hee Navigate the Loophole?

Then came the controversy involving First Lady Kim Keon-hee, who claimed that a luxury necklace she was seen wearing was, in fact, a knockoff she purchased. Some speculate she might’ve received legal advice from someone well-versed in IP law — maybe even an official from the Patent Office itself.

Was this a smart legal move or a glaring loophole in our system? Why has KIPO ignored calls to update the law to hold buyers of counterfeit goods accountable, like other countries have done?

That’s a question lawmakers should be pressed to answer.

The Toothless Reward Program

To be fair, KIPO does run a “counterfeit reporting reward system.” Citizens can report counterfeit distribution online or offline and receive a reward if a violation is confirmed. The system is backed by special judicial police (특사경) who investigate counterfeit-related crimes.

But again — the target is the seller, not the buyer.

So if your friend buys a fake Louis Vuitton purse, there’s nothing stopping her — and nothing you can do to stop her either, even if you report it.

And yet, KIPO proudly announces every year that reports are increasing. Shouldn’t the number go down if enforcement were effective?

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Bottom line? In South Korea, fakes can be bought without fear — not because we tolerate counterfeits, but because our laws simply don’t recognize buying them as a problem. It’s time we asked why.