The 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.
The 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.