This file photo, taken June 29, 2021, shows an ad poster of BTS at a Lotte Duty Free store in central Seoul. (Yonhap)
DAEJEON, June 9 (Korea Bizwire) — Any unauthorized use of the faces and names of celebrities such as K-pop supergroup BTS and football star Son Heung-min will be regarded as unfair competition practice and result in legal consequences.
The Korea Intellectual Property Office (KIPO) announced that an amendment to the Unfair Competition Prevention and Trade Secret Protection Act took effect on Wednesday.
This amendment focuses on the protection of publicity rights – the right to use celebrities’ faces and names with economic value for commercial purposes.
Under this revision, personal marks such as names, portraits, voices, and signatures that are known widely in the country and have economic value will be protected by the law.
The unauthorized use of such personal marks in the manner of violating fair commercial transaction practice or competition order, thus infringing upon others’ economic profits, would be regarded as an unfair competition practice.
If the unauthorized use causes economic damages, victims can apply for damage compensation and prohibition of unfair competition behavior.
Upon request by victims, the KIPO can carry out an administrative investigation to issue a correction order or to make public disclosures.
This amendment is aimed at protecting the portraits of celebrities that are the result of investment and efforts by entertainment businesses, with Korean content spreading across the world.
Lina Jang (linajang@koreabizwire.com)
