In a case where a claim for damages, which is the cause of a patent infringement, was filed with the first instance court on November 5, 2015 and the first instance court rendered a decision on November 25, 2016, which was after the Court Organization Act amended by Act No. 13522 on December 1, 2015, the case holding that the appeal case against the patent court pursuant to the amended Court Organization Act, falls under the exclusive jurisdiction of the patent court.

In a case where a claim for damages, which is the cause of a claim for patent infringement, was filed with the first instance court on November 5, 2015 and the judgment of the first instance court on November 25, 2016, which was the date of enforcement of the Court Organization Act amended by Act No. 13522 on December 1, 2015, Article 24 (2) and (3) of the Civil Procedure Act amended by Act No. 13521 on December 1, 2015, provides for an exclusive jurisdiction over the patent right, utility model right, design right, trademark right, and plant variety right (hereinafter referred to as "patent right, etc.") of the said appellate court located in the district court having jurisdiction over the location of the competent court under Articles 2 through 23, but the above provisions of Article 24 (1) and (2) and (3) of the Patent Court Act, which are amended by Act No. 13521, Dec. 1, 2015, stipulate that a lawsuit may be brought to the Seoul Central District Court.

Article 24(2) and (3) of the Civil Procedure Act, Article 1 and Article 2 of the Addenda ( December 1, 2015) of the Civil Procedure Act, Article 28 of the Court Organization Act, subparagraph 2 of Article 28-4, and Article 32(2) of the Court Organization Act

Maak Environmental Industry (Attorney Yoon-ho et al., Counsel for defendant-appellant)

Dong new industry corporation

Gwangju High Court ( Jeonju) Decision 2016Na13128 decided August 10, 2017

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 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 (the Seoul Central District Court in the case of the location of the 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 Central District Court (the Seoul Central District Court in the case of the location of the Seoul High Court), and where the said district court is not the Seoul Central District Court, the said amended provisions may also be brought to the Seoul Central District Court. This provision applies from the case first received by the warden after January 1,

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, such as patent rights, and Articles 28 and 32(2) thereof exclude cases falling under the jurisdiction of the Patent Court from those 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 was rendered after the enforcement date of the said civil case concerning intellectual property rights, such as 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 that causes patent infringement, and constitutes a lawsuit on intellectual property rights, such as patent rights, under Article 24(2) of the Civil Procedure Act. On November 5, 2015, the first instance court rendered a judgment on November 25, 2016 after the enforcement date of the above amended Court Organization Act, which was filed a lawsuit with the first instance court on November 5, 2015. Accordingly, the appeal case against it under the above amended Court Organization Act is under the exclusive jurisdiction of the Patent Court of Korea. Nevertheless, the lower court determined that the lower court entered the substantive part of the appeal case against the first instance judgment. In so determining, the lower court erred by misapprehending the legal doctrine on 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 Kwon Soon-il (Presiding Justice)