Implementation Rules of Intellectual Property Case Adjudication Act
2008-04-21
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Article 1
These Rules are enacted pursuant to Article 38 of the Intellectual Property Case Adjudication Act (hereinafter referred to as the "Act").
Article 2
An intellectual property civil action pending in the first instance summary proceeding or first instance small claim proceeding in district court before enforcement of the Act shall, upon ruling to apply the proceedings stipulated in the Act, continue to be tried by the same judge after enforcement of the Act.
An intellectual property civil action pending in the second instance summary proceeding or second instance small claim proceeding in district court before enforcement of the Act shall be concluded pursuant to the second instance proceedings stipulated in the Act by the same court after enforcement of the Act.
An intellectual property civil action pending in the second instance summary proceeding or second instance small claim proceeding in district court before enforcement of the Act shall be concluded pursuant to the second instance proceedings stipulated in the Act by the same court after enforcement of the Act.
Article 3
Where an appeal or an interlocutory appeal is filed against a decision of an intellectual property civil action pending in the first instance summary proceeding or first instance small claim proceeding in district court before enforcement of the Act, the court dossiers involving the case that have not been delivered to the court that will try the appeal or interlocutory appeal shall instead be delivered to the second instance Intellectual Property Court after enforcement of the Act.
Article 4
Where an intellectual property civil action to which the summary proceeding should have applied in the first instance court before enforcement of the Act and is mistakenly subject to the ordinary proceeding, after an appeal or an interlocutory appeal is filed and the court dossiers involving the case have been delivered to the court that will try the appeal or interlocutory appeal, the second instance court shall conclude the case by applying the second instance proceedings stipulated in the Act after enforcement of the Act.
Article 5
Where an intellectual property civil or administrative action is pending in the Supreme Court or Supreme Administrative Court before enforcement of the Act, or an intellectual property civil or administrative action is being reversed by the Supreme Court or Supreme Administrative Court to the high court or high administrative court upon appeal after enforcement of the Act, the case shall be tried in the Intellectual Property Court except the respective courts of final instance enter judgment on their own.
Where an intellectual property criminal action is pending in the Supreme Court before enforcement of the Act, or a criminal case is being revoked by the Supreme Court upon appeal against the decision of the high court after enforcement of the Act, the case shall be transferred to the Intellectual Property Court or directly transferred to the first instance court pursuant to the proviso of Article 399 of Code of Criminal Procedure except the Supreme Court enters judgment on its own.
Where an intellectual property criminal action is pending in the Supreme Court before enforcement of the Act, or a criminal case is being revoked by the Supreme Court upon appeal against the decision of the high court after enforcement of the Act, the case shall be transferred to the Intellectual Property Court or directly transferred to the first instance court pursuant to the proviso of Article 399 of Code of Criminal Procedure except the Supreme Court enters judgment on its own.
Article 6
An application to revoke an approved ruling of provisional attachment, preliminary injunction, or injunction maintaining a temporary status quo before enforcement of the Act shall be filed with the court rendering the ruling prior to initiation of the action; where the case is pending in the Intellectual Property Court, the application shall be filed with the Intellectual Property Court and the provisions of the Code of Civil Procedure shall apply to the application.
Article 7
Where the proceedings of an intellectual property civil action pending in court before enforcement of the Act are ordered to be stayed by the court pursuant to the Code of Administrative Proceedings, Trademark Act, Patent Act, the Species of Plants and Seedling Act, or other provisions of law based on the party's claim or defense that an intellectual property right shall be cancelled or revoked, the court shall, on motion or its own initiative, revoke the ruling for stay of the proceedings, and continue the proceedings pursuant to the proceedings stipulated in the Act.
Where the proceedings of an intellectual property criminal action pending in court before enforcement of the Act are ordered to be stayed by the court pursuant to the Code of Administrative Proceedings, Trademark Act, Patent Act, the Species of Plants and Seedling Act, or other provisions of law based on the party's claim or defense that an intellectual property right shall be cancelled or revoked, the cause to stay the proceedings is extinguished.
Where the proceedings of an intellectual property criminal action pending in court before enforcement of the Act are ordered to be stayed by the court pursuant to the Code of Administrative Proceedings, Trademark Act, Patent Act, the Species of Plants and Seedling Act, or other provisions of law based on the party's claim or defense that an intellectual property right shall be cancelled or revoked, the cause to stay the proceedings is extinguished.
Article 8
These Rules shall come into force as of the date the Act comes into force.