Trademark infringement in the Civil Code is a civil action. Trademark infringement generally occurs between companies, and both parties are equal subjects. Civil law regulates the property relationship and personal relationship between natural persons, legal persons and unincorporated organizations with equal subjects.

legal basis

article 2 of the civil code

civil law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.

Article 1165th

If the actor infringes upon the civil rights and interests of others through his fault and causes damage, he shall bear the tort liability.

if the actor is presumed to be at fault according to the law, but he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166

Where an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, the law stipulates that he shall bear tort liability, such provisions shall prevail.