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Korea (South) - Copyright and Fabric Designs

In our April 1995 Newsletter (N.S. 185) we reported on conflicting court decisions on whether fabric designs were susceptible to copyright protection. This conflict has now been resolved by a decision of the Korean Supreme Court. In its decision the Court distinguished between those types of applied fine art that can be protected by copyright and those for which protection can only be obtained by a design registration, the maximum duration of which is considerably shorter than that provided by copyright. In order to be eligible for copyright protection, the artistic features of the design must be physically or conceptually distinguishable from the utilitarian aspects of the articles embodying the design. The Court found that a fabric design was intended for industrial use on commercial products and could not therefore qualify as an item of "applied fine art".

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© Copyright 1997 Ladas & Parry - Posted 8/17/96
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