본문 바로가기
  • Home

A Study on the Relationship between the Recognition of the Materiality and the Judgment of Substantial Similarity - Focused on Supreme Court Judgment 2021Da246804 Sentenced December 1, 2022 -

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2023, 19(3), pp.23-32
  • DOI : 10.29056/jsav.2023.09.03
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : August 7, 2023
  • Accepted : September 20, 2023
  • Published : September 30, 2023

Kim, Si Yeol 1

1(재)한국지식재산연구원

Accredited

ABSTRACT

In quantitative similarity process, the role of the engineer and the role of the judge overlap partly. In the past, there was a problem that this overlapping area remained blank in which no one was involved. However, many practical and theoretical studies on copyright infringement litigation are being conducted. Therefore, in recent years, the gap as in the past has been decreasing. In litigation practice, the use of quantitative similarity to determine practical similarity, recognition of its limitations, and the way the filtration process works to specify expressions protected by copyright law are treated very importantly. The Supreme Court recently responded to these matters through the Supreme Court Judgment 2021Da246804 Sentenced December 1, 2022. The judgment approached the overall process of judging copyright infringement faithfully, but there was some carelessness found. So, this point was examined in this paper.

Citation status

* References for papers published after 2022 are currently being built.