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 Home > Introduction > About the Court |
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The Patent Court of Korea was established under Article 3(1) of the Court Organization Act on March 1, 1998. The Court is now located in the city of Daejeon, within about 1.5 hours drive or 150 kilometers away from Seoul.
The Patent Court has jurisdiction over cases set forth in Article 186(1) of the Patent Act, Article 75 of the Design Act, Article 86(2) of the Trademark Act, and other first instance proceedings of cases coming under the jurisdiction of the Patent Court pursuant to the laws such as Article 105 of the Seed Industry Act. The Patent Court has exclusive jurisdiction over all cancellation appeals from diverse decisions rendered by the trial board(Intellectual Property Tribunal), which is headed by the Commissioner of Korea Intellectual Property Office, as to a patentㆍutility modelㆍdesignㆍtrademark. However, the Court's subject matter jurisdiction is limited to determining the validity and the scope of a patent and other registered rights. The category of so-called patent infringement cases, such as preliminary injunction, compensation for damages, injunctions of restitution of commercial credit, is referred to ordinary courts.
The Patent Court consists of a chief judge, 4 presiding judges, 13 judges, 17 technical examiners and a secretariat now. 4
divisions, each consisting of 3 three-judge panels, hear the cases. Highly technical matters are referred to technical examiners who have long-term experiences in various scientific fields such as mechanical engineering, electronic engineering, chemical engineering, etc.
The Patent Court is an appellate-level court. However, there is no hierarchical relation whatsoever between the cancellation proceedings of the Patent Court and the proceedings of the Intellectual Property tribunal, and the records from the proceedings of the Intellectual Property tribunal are not transferred to the Patent Court. Accordingly, the same contentions and evidences as those already submitted to the Intellectual Property tribunal must be submitted again to the Patent Court for a new determination at the Patent Court. Any appeal of the Patent Court's decisions should be brought directly to the Supreme Court. |
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