|
【Main Issues and Holdings】
[1] Governing law for the issue of copyright succession following the split of a company, which is not stipulated in the Berne Convention for the Protection of Literary and Artistic Works (held: governing law determined in accordance with the private international law of the country where the proceeding has been brought)
Whether the law of the country where protection is claimed is chosen and applied as the governing law in accordance with Article 24 of the former Act on Private International Law with respect to establishment and contents of copyright, possibility of the transfer of copyright, and whether any procedure or form is necessary for the transfer and reversion of the copyright (affirmative in principle)
Whether the governing law to be applied to legal relations such as contracts that caused copyright transfer may be decided in accordance with Article 24 of the former Act on Private International Law (negative), and whether the governing law to be applied to such matters needs to be separately determined (affirmative)
[2] Meaning of “the country where protection is claimed” under Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works to which the Republic of Korea has acceded
Whether the aforesaid provision takes precedence in cases involving foreign elements related to copyright protection, and thus the law of the country where protection is claimed (law of the country where copyright has been infringed) becomes the governing law (affirmative), and whether the governing law determined in accordance with the lex fori, i.e., the private international law of the country in which the proceedings have been initiated, applies to matters that are either excluded from the application or not directly regulated by the said Convention (affirmative)
|
