Enforcing your Trademark Rights in Korea: IP Protection Strategies for Korea

Please register all of your trademarks and other intellectual property in Korea. Yes, your “international filing” is not good enough. You must, before engaging in any additional consideration of doing business in Korea register your IP in Korea. Don’t even read further. Contact us and we will happily advise a good patent/trademark agent to utilize.  No need to get a law firm to do this for you – the agents are, typically, adequate for most non-complex filings. After registering all

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Ministry of National Defense Abolishes Entertainment Soldiers

The majority of Korean men have to serve two years in the Korean military.  Refusal to serve or attempting to avoid service, typically, leads to a jail sentence.   The situation, in the past, was a little less burdensome for the rich, connected and for entertainers (singers, actors etc.).  The situation is changing.  Many of rich and connected that have attempted to avoid military service have been prosecuted and now entertainers will, also, have to serve in a fashion typical to

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Game Regulations being Enforced to Korean Children

Children in Korea, under the age of 17, are prohibited, according to a recent law, to be provided access to online games between midnight and 6AM. The law has forced online providers of games to shut their sites to children during these periods of time. A new law have been proposed restricting the use of video games by these children for more than two hours at one time and four hours in one day. The details and enforcement mechanisms for

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Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade Secret Protection Act

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 the 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

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The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case

Seoul Central District Court Decision 2007Gahap2393 delivered on November 28, 2007【Claim for Prohibition of Using Analogous Trademark】 Translation of Official Court Summary  Where the economic value, which is created by the name and portrait, etc. of internationally well-known former player of the national badminton team, is recognized widely among advertisement businesses and related businesses, the action of infringing the value shall constitute a tort under the Civil Act. Within the above limit of protection, the above player’s exclusive control over

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Definition of Defamation in Korea

Supreme Court Decision 97Da19038 delivered on February 27, 1998 【Damages】 Translation of Official Court Summary  a. When a media, such as broadcast etc, defames one by presenting fact, the action has no illegality when the alleged fact is related to a public matter, the presentation is intended solely for the public interest, and the alleged fact is proved to be true. In addition, even when the alleged fact is not proved to be true, but the presenter believes that the

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Censorship Prohibited in Korea: Entertainment Law Cases in Korea

Constitutional Court Decision 93Hunga13 delivered on October 4, 1996【Request for Adjudication on Constitutionality of Motion Pictures Act Article 12, etc.】 Translation of Official Court Summary  a. Censorship noted in Constitution Article 21 Section 2 is in effect by authoritative power and is a measure of prevention, a system that prevents the iteration of unapproved ideas or opinions in order to control, by evaluating the content of ideas or expressions. Thus, censorship generally entails four requirements: obligation to submit for approval,

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Definition of Copyright in Korea: Ideas vs. Expressions

Supreme Court Decision 93Da3073 delivered on June 8, 1993【Damages】 Translation of Official Court Summary  a. The work protected by the Copyright Act shall be a creative work that expresses human thoughts and emotions, which is obtained by a human’s intellectual effort related to study and art, and thus what the Copyright Act protects is a creative expression form in which thoughts and emotions are expressed externally in detail by language, letter, sound, color, etc. The content of expression itself, such

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Definition of “Author” under Korean Copyright Act: Entertainment Law Cases in Korea

Over the next couple of weeks we will be publishing translations of the summaries of the 20 Leading Cases in Korean Entertainment Law.  The cases should be useful for entertainment law practitioners and should, also, be useful for those practicing copyright, trademark and general IP law. Supreme Court Decision 92Da31309 delivered on December 24, 1992 【Objection to Provisional Injunction】 Translation of Official Court Summary  a. Under the Copyright Act, the term “author” means a person who has created a work,

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PSY’s Korea Campaign Launches in Australia

A great marketing campaign for Korean tourism is underway with Psy at the helm. _____SeanHayes@ipglegal.com IPG is engaged in projects for companies and entrepreneurs doing business in Bangladesh, Cambodia, China, Korea, Laos, Myanmar, the Philippines, Vietnam and the U.S. www.ipglegal.com

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