Applicable Law Related to Joint Work: Focus on Actoz Soft Co. Ltd. v. ChuanQi IP Co. Ltd.

초록

The Actoz Soft case is the first landmark case to deal with the governing law applicable to the succession of copyright by a split-off. In Actoz Soft case, the succession of economic rights by a split-off was held to be governed by lex loci protectionis under the former Article (24) of the Korean Act on Private International Law because it was not covered by Article 5(2) of the Berne Convention. The Actoz Soft Court held that the succession of economic rights by the split-off was governed by the law of the State where the defendant was incorporated. The Court observed the possibility that the defendant could succeed to the economic rights within the China of the company C. However, if the successibility of economic rights by the split-off is characterized as the transferability of copyright, the applicable law would be Chinese Company Law under lex loci protectionis.

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