Supreme Court Decision 2008Do5897 delivered on January 30, 2009
【Violation of the Unfair Competition Prevention and Trade Secret Protection Act】
Translation of Official Court Summary
The appearance of a particular singer and unique actions of others are intangible and variable features close to an impression or image have little function as a fixed mark that differentiates a matter from another matter. If the particular appearance and action is to be regarded as a mark of a business and if the use of this is punished under the Unfair Competition Prevention Act’s purpose to protect one’s effort and investment in the mark of a business and achievement of making the mark well-known to the public from free riders that distort competitive order, therefore a particular singer’s appearance, unique action, etc, except the singer’s name shall not be a mark of business under the Unfair Competition Prevention Act.
Translations of Korean Court Entertainment Law Cases (Court Summaries)
- Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade Secret Protection Act
- The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case
- Definition of Defamation in Korea
- Censorship Prohibited in Korea: Korean Entertainment Law Cases
- Definition of Copyright in Korea: Ideas vs. Expressions: Korean Entertainment Law
- Definition of “Author” under Korean Copyright Act: Entertainment Law Cases in Korea
Sean Hayes may be contacted at: SeanHayes@ipglegal.com.
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.
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