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Disapproval of the State and Berne Convention - Focused on the controversies surrounding the protection of the works between North Korea and Japan(Tokyo District Court Dec.14,2007) -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 50(), pp.499-526
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM MINBAE 1

1인하대학교

Accredited

ABSTRACT

North Korea joined the Berne Convention in January 2003. Japan has already joined the Berne Convention in 1975. However, Japan has not accepted North Korea as a nation under international law. And article 6 of the Copyright Law in Japan to protected works are as follows. Only those works falling under one of the following items shall receive protection under this Act:(i)works of Japanese nationals (Japanese nationals includes juridical persons established under the laws and regulations of Japan and those who have their principal offices in Japan; the same shall apply hereinafter); (ⅱ)works first published in this country, including those first published outside this country and thereafter published within this country within thirty days from the date from their first publication;(ⅲ)works in addition to those listed in the preceding two items, with respect to which Japan has the obligation to grant protection under an international treaty. Based on the above provisions, the North Korea claim that the works are available for this event. Article 6 by the copyright laws of Japan, Japan said that works are duty of care to protected works. North Korea argues that the works protection have universal value. North Korea argues that copyright protection set by the Berne Convention Article 3(1)(a),the conditions of concerning the rights and obligations for the international community. In other words, Article 3 of the Berne Convention claim to compliance, Criteria of Eligibility for Protection:(1)The protection of this Convention shall apply to: (a)authors who are nationals of one of the countries of the Union, for their works, whether published or not. Highlights of this case are as follows. First, Is the plaintiff eligible parties? Second, Is Japan protected by copyright law? In this paper, the problem of eligible parties (the plaintiffs) were examined. And Japan is obligated to protect the copyright or have not been reviewed for. In conclusion, the Tokyo District Court had dismissed to the plaintiff (North Korea) claims.

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