Rights Management Societies in Korea
- General Reproduction & Transmission
- Theatrical Reproduction & Transmission
- Broadcast Writers
- Performers in Musicals
- Public Works
- Movie Distribution
" [Defendant’s] bags – which bear a striking resemblance to its famed Birkin and Kelly styles – run afoul of the Unfair Competition Prevention and Trade Secret Protection Act, which prohibits, 'causing confusion with another person's goods by using signs identical or similar to another person's name, trade name, trademark, container or package of goods or any other sign widely known in the Republic of Korea as an indication of goods, or by selling, distributing, importing or exporting goods with such signs.'"Hermes, in short, specifically argued that:
". . . that in recreating the trade dress in its most famous bags – namely, the distinctive three lobed flap design that fits around the base of the handle, padlock closure at its center, key fob affixed to a leather strap, and thin horizontal strap that fits over the flaps of its Birkin bag, for instance – [Defendant] was in breach of Korean unfair competition law."The High Court, however, ruled in favor of the Korean company. The High Court opined that:
". . . unique 'eyes' design was a key element of the bags’ identity, and the subsequent popularity of the products among consumers. According to the decision, 'Taking into consideration the creativity, uniqueness, the details of production, and the cultural values of the bags altogether, [Defendant's] products have achieved their own version of originality and aesthetics by incorporating various rare images together.'"The post may be found at: Court Rules Against Hermes in Battle of LookAlike Bags in Korea. Blog is worth a read. I will be writing about a few new legal blogs over the next couple of weeks - check back.
|Wage System Reform in Korea|
An employer shall seek consultation of a trade union, if there is a trade union composed of the majority of the workers in the workplace concerned, or the consultation of the majority of workers if there is no trade union composed of the majority of the workers, with regard to the preparation of an amendment to the rules of employment. However, if the rules of employment are to be modified unfavorably to workers, the employer shall obtain workers' consent.Some Korean courts and the Ministry of Employment & Labor of Korea have interpreted this Article 94(1) of the LSA not to impose an absolute burden to receive the consent of employees for modifications to rules of employment when the modifications are not "unfavorable to workers." Courts and the Ministry of Employment & Labor have, recently, supported the "generally-accepted justification" test to determine if modifications to rules of employment are "unfavorable to workers."