by the Supreme Court of Korea

“ It may be difficult to view a signature on artwork as an artwork in itself, as it is only used as a means to show that the product is the artwork of the artist and is not in itself an expression of artistic emotion or ideals. ”

“ In situations where the signature is that of a widely known and prominent artist, and is widely known because of its use in the artist's artwork, an unauthorized registration of a trade mark that is identical or similar goes against social morality, for it detracts from the reputation of the artist and poses harm not only to the appraisal of the artist's art work, his honor but also the reverence and respect for the deceased of the bereaved family members of the artist. ”

“ The unauthorized registration may infringe upon the distribution order of a fair and creditable product because such trademarks free-ride on the fame of the deceased and as a result has unfairly absorbed the consumer's purchase. So such trademark can be properly viewed as within the purview of Item 4 of Paragraph 1 of Article 7 of the Trademark Act. In such a case, had the artist been alive, it amounts to an infringement of personal rights as an artist to use the artist's signature indicating artworks as his or her own by means of unauthorized registration and proclamation. ”