Frequently Asked Questions
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The Patent Court has jurisdiction over trial cases set forth in Article 186(1) of the Patent Act, Article 33 of the Utility Model Act, Article 166(1) of the Design Act, Article 162 of the Trademark Act, appellate cases set forth in Article 24(2)(3) of Civil Procedure Act and other cases coming under the jurisdiction of the Patent Court pursuant to the laws such as Article 103(1) of Act on the Protection of New Varieties of Plants. Where the decisions of the Intellectual Property Trial And Appeal Board (IPTAB) as to a patent · utility model · design · trademark are contested, the Patent Court has jurisdiction over actions requesting revocations thereof. Since January 1, 2016, the Patent Court also has exclusive appellate jurisdiction over civil actions relating to IP rights.
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As a "court" established by the Court Organization Act, the Patent Court has jurisdiction over special cases such as cancellation proceedings as to decisions of the Intellectual Property Tribunal. On the other hand, Korean Intellectual Property Office is an executive agency established by the Minister of the Commerce, Industry, and Energy to manage general affairs regarding patent · utility model · design · trademark examinations and decisions in this regard. Thus, the Patent Court is organizationally unrelated to Korean Intellectual Property Office. It reviews cancellation appeals from diverse decisions rendered by the Intellectual Property Tribunal, which is headed by the Commissioner of Korean Intellectual Property Office.
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The Patent Court's jurisdiction reaches entire territories of Korea. The Patent Court takes over all of the actions requesting revocation of IPTAB decisions, coming under its jurisdiction pursuant to the laws. Since January 1, 2016, the Patent Court also has exclusive appellate jurisdiction over civil actions relating to IP rights.
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The Patent Court presides over the first instance proceedings of actions requesting revocation of IPTAB decisions. On top of that, since January 1, 2016, the Patent Court also has exclusive appellate jurisdiction over civil actions relating to IP rights. With regard to the revocation cases, the fact-finding of the Patent Court is final since the Supreme Court takes over the next instance as a matter-of-law procedure if the decisions of the Patent Court are contested.
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You must file a complaint to the Patent Court within 30 days from the date of receiving copies of decisions or orders of the Intellectual Property Tribunal in order to commence a legal action in the Patent Court.
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Yes. A complaint must be filed with the Patent Court within 30 days from the receipt date of copies of decisions or orders of the Intellectual Property Tribunal. However, the President of the Intellectual Property Tribunal may grant the extended time period of filing a complaint to persons from the areas of long distance or with inconvenient transportation connections.
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One original complaint accompanied by four copies of it must be submitted in patent · utility model cases, and one original complaint with three copies of it must be submitted in design · trademark cases. In case where multiple parties are involved, another copy of a complaint must be additionally submitted per each additional party.
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The presiding judge may enter an order of amending a complaint within the specific time period if the complaint is defective under Article 249(1) of the Civil Procedure. The time period set forth for that purpose cannot be extended unless special circumstances are demonstrated. The complaint may be dismissed if its defects are not amended within the time period specified in an amendment order.
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A copy of a corporation's registration must be attached to a complaint for the purpose of verifying a corporation's existence and its representative's qualification in case where a party to the lawsuit is a corporation.
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Where a party to the lawsuit is a foreign corporation, an original document evidencing a corporation's nationality and its representative's qualification must be submitted accompanied by its translation.
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Yes. Where a complaint is prepared and filed in the name of a counsel for the complainant, a power of attorney evidencing the counsel's qualification must be attached to the complaint.
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An answer or other responsive pleading, as a principle, must be filed within the time period specified in an order for its submission. However, in cases of unavoidable circumstances, a motion for extension of time period may be filed. Then, the presiding judge may permit the extension of time period, during which an answer or other responsive pleading can be filed.
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One original complaint accompanied by three copies of it must be submitted in patentㆍutility model cases, and one original complaint with two copies of it must be submitted in designㆍtrademark cases. In case where multiple parties are involved, another copy of responsive pleading must be additionally submitted per each additional party.
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If you submit documentary evidences in foreign languages, they must be accompanied by translations.
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Yes. Pursuant to Article 8 of the Patent Attorney Act, patent attorneys as well as lawyers may represent clients in the cancellation proceedings of the Patent Court from decisions of the Intellectual Property Tribunal.
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No. Persons other than lawyers or patent attorneys cannot represent clients with a power of attorney in the cancellation proceedings of the Patent Court.
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Yes. 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. Thus, there is no way for the Patent Court to obtain access to contentions and evidences which the parties submitted in the proceedings of the Intellectual Property Tribunal. 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.
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In order to contest a decision of the Patent Court, an appellate brief must be filed with the Patent Court within two weeks from the receipt of the original copy of its decision.