By Jung Ae Chang, Ajou University Law School / CKS Post Doc and Visiting Scholars Colloquium Series
Today we frequently find the trademark on the street, which had been used in the drama title in the broadcasting station. Although broadcasting stations may like to claim the trademark right of drama titles to those parties, current Korean Copyright Law cannot protect its right since drama titles do not constitute literary work. Current Korean Trademark Law, likewise, cannot provide protections without official registration. However, the economic significance of drama titles is increasing. ; People make every effort to create and determine drama titles since they stimulate the curiosity of viewers and has enormous advertising impact. Thus, people often take a free ride in the fame of drama titles, necessitating protective requirements from the legal system. Everyone, nonetheless, has the right to create, decide and use such titles; hence, this is not a simple problem to solve as to how much protection drama titles should receive. When consumers are misled by the misuse of a drama title, the Unfair Competition Prevention Law ("UCPL") is applicable. That is, if the drama title in question is a famous in the country and is used without permission, the protection of UCPL must be examined thoroughly.
Jung Ae Chang is Assistant Professor of Law at Ajou University Law School
Lecture will be in Korean. This event is open to the public. Bring your own lunch.
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