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Review of Copyright Infringement and Other Issues Related to Game Advertising

D’LIGHT conducted a review on behalf of a game company regarding copyright infringement issues related to game advertising. Firstly, a meticulous analysis was performed on the potentially infringing elements of the copyrighted works and game advertisements, distinguishing between expressions and ideas (Supreme Court of Korea, 2009. 5. 28. Judgment 2007DA354, etc.). The analysis involved assessing whether there were any aspects of the expression that lacked originality based on the criteria established by previous copyright infringement cases (Supreme Court of Korea, 2011. 2. 10. Judgment 2009DO291, etc.). The review examined the possibility of infringement after determining the subject of substantial similarity based on the above analysis. Additionally, a series of recent court decisions related to unfair competition practices, such as the King.com v. Avocado case (Seoul High Court, 2017. 01. 12, Judgment 2015na2063761), were reviewed to assess the potential for unfair competition.

Attorney Won H. Cho, leveraging expertise in copyright law, and Attorney Yeon Taek Jung, drawing on extensive practical experience in the courtroom, provided legal advice to ensure a clear analysis of the potential for infringement and proposed solutions. This was done to facilitate the smooth progression of the client’s copyrighted works and game advertisements in compliance with legal requirements.
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