2012년 주요 상표 및 저작권 판례에 대한 연구

In 2012 number of meaningful case precedents were render. In this paper, 6 cases were illustrated on the area of copyright and trademark dealing with 3 cases each. Trademark invalidity defence was recognized by the Korean Supreme Court’s en banc decision was really a noticeable progress in the consideration of Bifurcated system in judging the invalidity and infringement proceedings. Korean Patent court decided that in the case of service mark, when it was utilized only for the purpose of free usage, it cannot be regarded as a usage of service mark from trademark law’s standpoint. Korean Supreme court decision as to the case where no trademark or copyright, or unfair competition and trade secret law violation can be found, still Civil law’s tort provision can be the legal ground for the damages not being treated as an intangible asset in the public domain. In Copyright cases, Collective Copyright Management Mechanism case has to be highlighted. Korean Supreme Court agreed with the plaintiff that some part of standard contract of Collective Copyright Management Association is to be invalid due to the violation of Standard Contract Act. However, other issues still in the course of discussion contemplating the full revision of Korean Trust law. Korean Supreme Court’s interpretation of discs for sale was very narrowly made and Central Distract court rendered its decision that article 125 and 126 of Copyright Act could be applied at the same time.