TITLE	Supreme Court Decision 2019Do9601 Decided April 29, 2020 ¡¼Violation of the Copyright Act¡½ [full Text]
Summary
[1] The meaning of ¡°creativity¡± of the requirements for a ¡°work¡± stipulated in Article 2 Subparagraph 1 of the Copyright Act A case where the creativity of architectural works including buildings can be admitted [2] The requirements to admit the infringement of copyright Standard of determining whether there is a substantive similarity between two architectural works so as to determine whether to correspond to the infringement of copyright [3] In a case where the Defendant, a qualified architect, was commissioned construction by Party A, and designed and constructed Party A¡¯s caf? building in imitation of the design of a caf? building that Party B designed and constructed, and, as a consequence, was charged with Party B¡¯s copyright infringement, the case holding that the judgment of the lower court viewed that the creativity of Party B¡¯s caf? building is admitted, and the substantive similarity between the building designed and constructed by the Defendant and Party B¡¯s caf? building is also admitted in the same regard on the grounds that it constitutes a work which is protected by the Copyright Act in that the caf? building of Party B shows creative individuality of the creator as well as function in accordance with common expression methods or practical ideas

Prev	Supreme Court Decision 2015Da224797 Decided April 29, 2020 ¡¼Damages (Etc.)¡½
Next	Supreme Court Decision 2018Hu11360 Decided April 9, 2020 ¡¼Invalidation of Registration (Patent)¡½