엔터테인먼트산업에서 업무상 신용의 보호

The general clause of the Unfair Competition Law has the strength to protect newly emerging economic values with intangible accomplishments and is able to regulate new types of unfair competition behavior. Therefore, the Unfair Competition Law §2(1) (Ka) has been noted as a strong alternative in solving the problem of protecting the publicity right. In the BTS case, the Supreme Court did not explicitly recognize or judge the right of publicity as an ‘accomplishment’, but due to its nature as a supplementary general clause, such room has been left. “Goodwill” is the concept of granting property rights status to a trader’s reputation or customer attraction. The UK solves the problem of commercial use of celebrity personalities using this concept. Goodwill is also accepted in Korean Trademark Law and exists as the core of protecting the property value embodied in the trademark. In order to ensure consistency between the Trademark Law and the Unfair Competition Law, this paper uses the Goodwill concept to point out the specific factors of what is determined as an “accomplishment”. The Supreme Court in the BTS case mentioned factors such as reputation, economic value, attractiveness and competitiveness. I conducted research on the Law of Passing Off and its relevant cases in the UK, the comparison between the Goodwill concept and ‘Publicity Right’ where I point out the similarities and differences, and lastly, recommend what clauses in our Unfair Competition law are applicable to Goodwill.