2019Da284186 Compensation (as referred to in this paragraph)

Plaintiff

Law Firm Songwon, Attorney Song-won

[Defendant-Appellant]

Defendant 1 and two others

Seoul Central District Court Decision 2018Na53254 Decided October 17, 2019

February 27, 2020

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

The grounds of appeal are examined ex officio prior to the examination.

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 same Act provides that where a lawsuit is brought with respect to the right to a knowledge re-determination of a patent right, utility model right, design right, trademark right, variety protection right (hereinafter referred to as “patent right, etc.”) shall be subject to the exclusive jurisdiction of the district court (in the case of the location of the Seoul High Court, the Seoul Central District Court) in the location of the 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, the said amended provisions may be brought

12.1.) From the date of entry into force of January 1, 2016, the first complaint received after January 1, 2016 pursuant to Articles 1 and 2, the same shall apply.

Meanwhile, Articles 28, 28-4 Subparag. 2, and 32(2) of the Court Organization Act (amended by Act No. 13522, Dec. 1, 2015) stipulate that a patent court shall judge a civil appeal case concerning intellectual property rights, such as patent, excluding a case subject to a trial 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, such as patent rights, for which a lawsuit is pending before the enforcement date, 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 that causes infringement of trademark rights, and falls under a lawsuit on intellectual property rights, such as patent rights, as provided by Article 24(2) of the Civil Procedure Act. The lawsuit was filed on July 12, 2017, which was after the enforcement date of the above amended Court Organization Act, and June 21, 2018.

The judgment of the court of first instance is rendered. Accordingly, the appeal case belongs to the exclusive jurisdiction of the patent court in accordance with the above amended law. Nevertheless, the lower court determined that the appeal case against the judgment of the court of first instance was the substance of the case. In so determining, the lower court erred by misapprehending the legal doctrine as to exclusive jurisdiction.

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 Min You-sook

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Lee Dong-won