2017Da259599 Damage (ar)

A

Korean Dognet Co., Ltd.

Seoul Northern District Court Decision 2016Na36490 Decided August 11, 2017

December 28, 2017

The judgment below is reversed, and the case is transferred to the Patent Court.

Judgment on the grounds of appeal shall be made ex officio.

1. Article 24(2) and (3) of the Civil Procedure Act amended by Act No. 13521, Dec. 1, 2015; Article 24(2) and (3) of the said Act (hereinafter referred to as “patents, etc.”) shall be subject to the exclusive jurisdiction of the district court (in the case of the Seoul High Court, the Seoul High Court) having jurisdiction over the location of the competent court under Articles 2 through 23; however, if the said district court is not the Seoul Central District Court, it may file a lawsuit with the Seoul Central District Court. The said amended provisions shall apply from the case first received by the warden after January 1, 2016, the enforcement date thereof pursuant to Articles 1 and 2 of the Addenda (amended by Act No. 13521, Dec. 1, 2015).

Meanwhile, Article 28-4 subparag. 2 of the Court Organization Act amended by Act No. 13522, Dec. 1, 2015 provides that a patent court shall judge a civil appeal case concerning intellectual property rights of patent rights, etc., and Articles 28 and 32(2) provide that cases falling under the jurisdiction of the patent court shall be excluded from those subject to an adjudication by the collegiate panel of the high court and the district court. The aforementioned amended provisions apply to cases where the first instance judgment is rendered after the enforcement date of the aforementioned civil case concerning intellectual property rights of patent rights, etc. pending before January 1, 2016 pursuant to Articles 1 and 2 of the Addenda (amended by Act No. 13522).

2. According to the records, this case is a claim for damages which causes infringement of trademark rights, and falls under a lawsuit on intellectual property rights, etc. as provided by Article 24(2) of the Civil Procedure Act. On October 23, 2015, a lawsuit was filed with the court of first instance on October 23, 2015, and the judgment of the court of first instance was rendered on August 25, 2016 after the enforcement date of the above amended Court Organization Act. Accordingly, the appeal case against it under the Court Organization Act belongs to the exclusive jurisdiction of the patent court of Seoul Northern District Court. Nevertheless, the court of first instance, the collegiate division of the Seoul Northern District Court of Seoul Northern District, which is the court of first instance, tried to bring the

3. Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed ex officio, and the case is transferred to the Patent Court, which is the competent court of appeal, to the Patent Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Dong-won

Note Justice Kim Chang-soo

Justices Kim Jae-in