The meaning of Article 2 subparagraph 5 of the former Unfair Competition Prevention Act (amended by Act No. 4478 of Dec. 31, 1991) (amended by Act No. 4478 of Dec. 31, 199) "an act of making a mark that causes misunderstanding of the quality, content, manufacturing method, use or quantity of the product, or selling the product with such a mark, etc." and whether an act of manufacturing and selling the product in the same form as the

"Act of making a mark that may mislead consumers as to the quality, content, manufacturing method, use, or quantity of the product, or selling the product with such mark" in the latter part of Article 2 subparagraph 5 of the former Unfair Competition Prevention Act (amended by Act No. 4478 of Dec. 31, 1991) refers to an act of making a false or exaggerated mark that may mislead general consumers as to the purpose of quality, such as the nature and ingredients of the product, contents of payment, manufacturing and processing method, efficacy and method of use, or selling the product with such mark, and it does not constitute an act of manufacturing and selling the product with the same type as the product produced and sold by others.

The latter part of Article 2 subparag. 5 of the former Unfair Competition Prevention Act (amended by Act No. 4478 of Dec. 31, 1991)

[Defendant-Appellant] Korea Co., Ltd., Counsel for defendant-appellant

Seoul High Court Order 91Ra78 Dated September 11, 1991

The reappeal is dismissed.

The grounds of reappeal are examined.

"Act of making a false or exaggerated mark or selling goods with such mark, which causes misunderstanding of their quality, content, manufacturing method, use, or quantity, on the goods," as stipulated in the latter part of Article 2 subparagraph 5 of the former Unfair Competition Prevention Act (amended by Act No. 4478 of Dec. 31, 1991), means an act of making a false or exaggerated mark or selling goods with such mark, which causes misunderstanding to general consumers with regard to quality, such as the nature and ingredients of the goods, the contents of the benefits, manufacturing and processing method, efficacy, usage, etc.

An act of manufacturing or selling goods in the same form as the goods produced and sold by another person shall not be deemed to constitute “an act of making a mark that causes mistake in the quality, content, manufacturing method, use or quantity or selling goods with such mark” as provided in the latter part of Article 2 subparag. 5 of the same Act. The order of the court below to the same purport is just and without merit.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)