Young Joo Song
Updates
Intellectual Property
Registered design rights doubly protected by Unfair Competition Prevention and Trade Secrets Protection Act
South Korea | 15 February 2016The Seoul Central District Court recently issued a decision that substantially strengthens the protection for registered designs. It ruled that a confectionery company's use of similar packaging not only infringed the design holder's registered packaging design, but also violated the dead copy and catch-all provisions of the Unfair Competition Prevention and Trade Secrets Protection Act.
Landmark decision puts the freeze on copying ice cream shop's trade dress
South Korea | 30 March 2015The Seoul Central District Court recently ruled that a shop's general appearance and decorative elements are protectable trade dress under the Unfair Competition Prevention and Trade Secrets Act. This case is significant, as it is the first decision to interpret the catch-all provision of the act and specifically recognise that it protects a store's substantial effort and investment in designing its look and feel.
