The Intellectual Property High Court is an appellate-level court which consists of a chief judge, presiding judges, judges, technical examiners and a secretariat. The chief judge is responsible for the judicial administration of the court and the supervision of staff. 7 divisions each consisting of 3 three-judge panels, hear the cases. Presiding judges preside over the hearing.
After the amendment of the Civil Procedure Act of 2015, the Intellectual Property High Court also has exclusive appellate jurisdiction over civil actions relating to IP rights except copyright, unfair competition, and trade secret cases.
Highly technical matters, which the Intellectual Property High Court is routinely called for to deal with, are referred to technical advisors, who must satisfy one of the following prerequisites:
- (¥¡) more than 5 years experience as a technical examiner or a trial examiner at KIPO;
- (¥¢) more than 7 years experience as a government official dealing with matters related to industrial or scientific technology, and more than 5 years spent in above Level 5 positions;
- (¥£) a master's degree and 10 years experience in the relevant field;
- (¥¤) a doctorate degree in the relevant field;
- (¥¥) a National Engineering Certificate obtained in accordance with the National Engineering Certificate Law.
Judicial technical examiner
As fact-finding trials on patent cases were conferred to the Intellectual Property High Court, the judicial technical examiners system was adopted as part of an effort to strengthen technical expertise and public reliability of trials. From the opening of the court to December 31, 1999, public officials of the Korean Intellectual Property Office (KIPO) who majored in science and technology and had long experience as examiner were deployed to the court. The system was changed, however, from January 1, 2000, and judicial technical examiners appointed as court officials by the Chief Justice of the Supreme Court serve in the court. Today, judicial technical examiners including those appointed as court officials (class 4) out of the KIPO examiners or IPTAB judges with more than five years of experience and those hired as officials in general service (class 5) work in the court. These public officials are experts with a master¡¯s degree or higher in various science and technology fields such as machinery, electricity, chemistry, pharmacy, electronic communication, and agriculture.
Judicial research officer
In order to help judges advance their understanding and judgement in the areas of science and technology related to patent cases, the judicial research officers system was introduced in January 11, 2016. The judicial research officers are in charge of research and data collection necessary for patent trials under the command of judges, and like judicial technical examiners, they also hold a master¡¯s degree or higher in various science and technology fields including machinery, electricity, chemistry, pharmacy, and electronic communication.