K&P Law Firm - International Law Firm in Incheon, South Korea

 [1] Even if an act of posting a link to a posting, infringing on the right of public transmission, a web page, on which the posting is located, etc. (hereinafter “infringing posting, etc.”) is committed, the infringement on the right of interactive transmission is not constituted as such act does not correspond to “interactive transmission (public transmission),” which is a constituent element of an act of infringing on the right of interactive transmission (the right of public transmission), which is the established precedent of the Supreme Court. A link merely refers to the data regarding the location, or a route, of an individual work, etc. stored on a server of a web page, website, etc. connected by such link on the Internet.  Even if an Internet user is directly connected to the infringing posting, etc. by clicking on the link, the principal agent, transmitting the data which is subject to such connection, is a person, who provides the data to make the data available for the publ

 (A) The Trademark Act provides that in a case where one intellectual property (IP) right is in conflict with other IP right, the first-to-file right, or the earlier created right, is given priority over the other, and it is reasonable to assume that such rule invariably applies to a trademark conflict. Therefore, in a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior applied and registered trademark before the filing date of the said trademark owner’s application for trademark registration (hereinafter “subsequent registered trademark”) and used the subsequent registered trademark, without authorization of the owner of a prior mark, on goods similar or identical to designated goods of the prior registered mark, an exclusive right to the use of the subsequent registered trademark is no longer exercisable, and an infringement on the prior registered mark is established without regard to whether a trial ruling that invalidat