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| TITLE | Supreme Court Decision 2020Do17863 Decided December 7, 2023 【Violation of the Copyright Act; Violation of Unfair Competition Prevention And Trade Secret Protection Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Standard of determining whether substantial similarity exists between two works to determine the infringement on author’s economic rights [2] Where the original or copy of the work has been offered to a deal by means of sale, etc. with permission of the relevant holder of author’s economic rights, whether the author’s right of distribution is exhausted (affirmative) Where the original or copy of the work is immediately imported into the country without being offered to a deal by means of sale, etc. in foreign countries and then the ownership or disposition right thereof is transferred, whether determining whether the author’s right of distribution is exhausted in accordance with the proviso of Article 20 of the Copyright Act is reasonable (affirmative) Whether the proviso of Article 20 of the Copyright Act is likewise applicable in a case where the original or copy of the work that has been offered to a deal by means of sale, etc. with permission of the relevant holder of author’s economic rights in foreign countries is imported into the country and distributed (affirmative in principle) | |
