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The judgment below is reversed, and the case is transferred to the Patent Court.
Reasons
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 same Act provides that where a lawsuit on intellectual property rights of a patent right, utility model right, design right, trademark right, or plant variety right (hereinafter referred to as “patent right, etc.”) is brought, the exclusive jurisdiction of the district court (Seoul High Court in the case of Seoul High Court) in the location of the high court having jurisdiction over the location of the competent court pursuant to Articles 2 through 23 shall be the exclusive jurisdiction of the Seoul
The above provisions of the amendment shall apply from January 1, 2016, which was first received by the warden after January 1, 2016 pursuant to Articles 1 and 2 of the Addenda ( December 1, 2015).
Meanwhile, Article 28-4 subparag. 2 of the Court Organization Act amended by Act No. 13522, Dec. 1, 2015 provides that the 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 above amended provisions shall also apply to civil cases concerning intellectual property rights of patent rights, etc. pending before January 1, 2016, the enforcement date of which is pursuant to Articles 1 and 2 of the Addenda ( December 1, 2015), where the judgment of the first instance is rendered after the enforcement date thereof.
2. According to the records, this case is a claim for damages, which causes infringement of trademark rights, and constitutes a lawsuit on intellectual property rights, etc. as stipulated in Article 24(2) of the Civil Procedure Act. On October 23, 2015, a lawsuit was filed with the court of first instance, which was rendered on August 25, 2016 after the enforcement date of the above amended Court Organization Act.
Therefore, according to the Court Organization Act, the appeal case against it is subject to the exclusive jurisdiction of the patent court.