공동저작물에 관한 준거법 연구 - 대법원 2024. 5. 9. 선고 2020다250561 판결을 중심으로 -

초록

This paper analyzes in-depth the issue of determining the governing law of cases containing foreign elements in intellectual property disputes, focusing on the Korean Supreme Court's Decision of May 9, 2024, Case No. 2020 Da 250561. This case is a dispute over copyright infringement between ActozSoft Co., Ltd. and Jeonki IP Co., Ltd., and the main issue was the effect of copyright succession through split-off and the legality of the license agreement with a Chinese company. The lower court partially affirmed the plaintiff's argument by applying the Korean law as the governing law, but the Korean Supreme Court reversed and remanded the case based on Article 5 (2) of the Berne Convention and Article 24 of the former Act on Private International Law (currently Article 40 of the Act on the Private International Law). This is evaluated as a groundbreaking ruling that secured legal stability in multinational disputes over the same work by clarifying the international principle of lex loci protectionis regarding the protection of intellectual property rights. The Article delves into the case in three stages. First, by organizing the outline and issues of the case, the legal basis for the succession of copyrights and the limitations to the exercise of the rights of co-authors according to the split-off were reviewed. Second, by analyzing the relationship between the Bern Convention and the Act on Private International Law, it was presented the reasonings to resolve the conflict between lex loci protectionis and nationality principle. Third, the practical implications for resolving international disputes were derived by examining the requirements of co-authors in Article 14 of the Chinese Copyright Act and the provisions of the Chinese Company Law related to the split-off from the viewpoint of comparativists. The main conclusions are as follows. First, lex loci protectionis must be applied to the governing law of intellectual property infringement in accordance with Article 40 of the Act on Private International Law, and it is reasonable to interpret the provision broadly that encompasses the issue of copyright attribution. Second, the succession of rights due to the split-off is based on Article 530-10 of the Korean Commercial Act, but a preliminary legal review is essential because it may conflict with the mandatory provisions of the lex loci protectionis when the right is exercised overseas. Third, in the management of joint works, a rational profit distribution system must be established in compliance with the principle of good faith in Article 48 of the Korean Copyright Act. This paper is significant in that it systematizes the criteria for choosing governing laws in international intellectual property disputes and contributes to the establishment of strategies for managing intellectual property rights of multi-national corporations. It is expected to be used as empirical data for the development of related legislation and precedents in the future to come.

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