Patent Court of Korea was established in 1998. As a specialized court, PATENT COURT OF KOREA was designed to promote
efficiency, uniformity and predictability of patent law system. PATENT COURT OF KOREA was the first specialized patent court in Asia at that time. However, there are several differences between PATENT COURT OF KOREA and the American patent court, CAFC.
1. Patent Court
Korea
Korean Patent Court in Change:
Expanding its Jurisdiction to Include Infringement Actions
By Sang Jo JONG
Professor of Law, Seoul National University
2. The Patent Court:
An exclusive jurisdiction to review all
rulings/ decisions made by the trial
board(Intellectual Property Tribunal) of
KIPO
The IP Tribunal:
An exclusive jurisdiction to make a
decision on patent issuance and validity.
Contributing to the “neutral virtues” of efficiency, accuracy, uniformity, and predictability
3. Momentum The Hruska Commission
The Constitutional Court
Decision
Economy
To recover from
economic recession
and industrial
stagnation
To meet the demands
for globalization after
foreign exchange crisis
Jurisdiction
Exclusive subject
matter jurisdiction on
patent issues
Exclusive subject matter
jurisdiction limited to
invalidity and issuance
Efficiency
Electronic Litigation &
Technical Advisers
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4. The Trial Board at KIPO The Appeal Board at KIPO Supreme Court
• A panel of three trial examiners
• Subject to possible challenges and disqualifications
• All appointed by the Commissioner of KIPO
• The principle of ex officio examination without guaranteeing fair trial
5. “Invalidity actions before the Trial
Board and the Appeal Board are
not enough for fair trials and the
old system violated the
Constitutional Right to fair trials
by judicial courts:” Constitutional
Court Decision 92hunga11,
93hunga8·9·10 held on
September 28, 1995.
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The Patent Court was established as part
of the extensive judicial reforms which
took place to commemorate the
centennial anniversary of the
introduction of modern legal system in
1895 just before the collapse of the
Chosun Dynasty in Korea.
The IMF created a series of bailouts
("rescue packages") for the most-affected
economies to enable affected nations to
avoid default, tying the packages to
currency, banking and financial system
reforms.
11. • The technical advisor sits on the far-left
side of the bench.
• He/she may provide his/her opinions on
technical aspects of a case during the
court's deliberation process.
• Different from Technical Judges in Germany
or technical examiners in Japan
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12. • CAFC: pro-patent tendency
contributed to innovations
• Impact on computer and
biotechnology industries?:
• Patent Court of Korea?:
• Percentage of validity and the
number of patent applications
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17. The category of so-called patent infringement cases, where litigants seek to relieve
their grievances by means of damages, injunctions of restitution of commercial
credit, are referred to ordinary courts under their respective criminal or civil
jurisdiction.
