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".




