Korea IP Law and Practice on Patent, Design, Trademark, Copyright, Trade Secrets and Unfair Competition
The Patent Court Hears Oral Arguments of Infringement cases and Patent Validity cases at the same time
In patent and utility model cases, a panel of three judges reviews the records and a technical advisor provides a detailed presentation on technical matters to the panel. Absent special circumstances, a case proceeds to an intensive trial without a pre-trial hearing. Patent and utility model cases that involve specialized technical matters and complicated issues that are difficult to understand, may proceed to a pre-trial hearing. A trial date is generally set for design and trademark cases without a pre-trial hearing because the subject matter and issues in many design and trademark cases are relatively simple compared to those of patent and utility model cases. A presiding judge conducts the trial, and requests the parties to provide detailed presentation on technical matters, using various multi-media devices, real products, and models. A presiding judge also examines evidence such as documents and witnesses. Through these procedures, technical matters are reviewed in depth. In principle, technical advisors may participate in the trial.
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