Intellectual property trial, competent court of litigation

Conflicts regarding Patent, Utility, Design, Trademark will be proceeded progressively in Korean Intellectual Property Tribunal (First trial), Patent Court (Second trial), Supreme Court (Third trial).

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• (1) In case of Patent Conflicts, Patent invalidation trial, Passive trials to confirm the scope of patents or Aggressive trials to confirm the scope of patents have been arisen mainly. Also there are correction trial and correction invalidation trial. In case of trademark, there are a trial for trademark cancellation due to non-use and a trial for trademark cancellation due to unfair use.
• (2) These trials is terminated in accordance with a trial decision on Korean Intellectual Property Tribunal (First trial) and if the decision could not be accepted, it is possible to appeal against the trial decision on Patent Court (Second trial).
• (3) The Korean Intellectual Property Tribunal (First trial) and Patent Court (Second trial) make a judgement based on factual relevance's explanation or verification. The supreme Court (Third trial) makes a judgement whether relevant law is legitimate or not.

Registration Invalidation Trial

• (1) Due to a mistake of an examiner or appeal examiners, some patents which should not have been granted may exist. In such cases, anyone may demand a trial to invalidate the patent within 3 months from the publication date. After 3 months from the publication date, an interested party or examiner may demand a trial to invalidate the patent.
• (2) In case that a trial to invalidate the patent is lodged, a claimee may appeal and resolve against the invalidation trial by filing a request for correction by a due date.

Trial to Confirm the Scope of a Right

• (1) Aggressive trial to confirm the scope of right is a trial in order to confirm that a patent right of a patentee has been infringed.
  The trial could be used as convincing evidences on criminal and civil Infringement suits.
• (2) Passive trial to confirm the scope of right is a trial in order to confirm that a users products did not infringe the opposite party’s (patentee’s) patent right.

Recent trend

Basically, trials and litigations have been proceeding with a documentary examination. However, recently, verbal examinations such as "Technique presentations" or "Preparatory proceedings" are used. So, it is important to appeal clearly and logically to the examiner or judge. Therefore, to elect an attorney who is a highly qualified major with a wealth experience for all of trial practice areas is highly significant.