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| TITLE | [Violation of the Copyright Act, Violation of the Unfair Competition Prevention and Trade Secret Protection Act]Supreme Court Decision 2005Do70 Delivered on April 29, 2005 [full Text] |
|---|---|
| Summary | |
| [1] The case holding that the issue of whether the character of an animation, a creative work, has been widely known in the specialized area or to the general public or has ability to attract customers is not relevant in the determination of whether the creative work could be protected under the Copyright Act [2] The case holding that an act of importing toy tops affixed with the character featured in the animation, a creative work, constitutes an act of copyright infringement [3] The elements for a so-called character to become ""a mark indicating the other person's goods, which is known to the public in Korea"" through character merchandising as stipulated under Article 2 Item 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act [4] The case denying the admissibility of evidence on the ground that the documents relied on by the court below as evidence for conviction were submitted to investigative agencies or the court below merely by the person related to the lawsuit, and neither the prosecutor submitted them as evidence, nor were they lawfully examined as evidence in an open court | |
