Print Time:2021/12/01 05:27
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Chapter Law Content

Chapter Three - Criminal Action
Article 23
An indictment of any of the criminal offenses prescribed in the first part of Subparagraph 2, and Subparagraph 4, Article 3 of the Intellectual Property Court Organization Act, shall be filed with the competent district court. The same applies where the prosecutor makes a motion for a summary proceeding.
Article 24
Where litigation materials involve trade secrets, the court may set limits on the review, transcription or videotaping of such dossier documents or evidence upon motion or on its own initiative.
Article 25
Except for juvenile delinquency, an appeal of a judgment of the first instance rendered by a district court in an ordinary, summary or settlement proceeding concerning Article 23, shall be filed with the competent Intellectual Property Court.
The same apples to other criminal cases associated with the cases of Article 23 and prescribed by Paragraph 1, Article 7 of the Code of Criminal Procedure, and that have been tried jointly in the district court and appealed jointly. The Intellectual Property Court may, however, consolidate the cases and transfer them to the competent High Court provided that the other criminal cases are more serious and complicated.
Unless otherwise prescribed herein, an appeal may be filed against the ruling in the preceding proviso.
Article 26
Unless otherwise prescribed herein, an appeal against a judgment of the Intellectual Property Court in a case concerning Article 23 may be filed with the third instance court.
Article 27
Where the court decides that a supplemental civil action collateral to a case concerning Article 23 is illegal, or the defendant in a criminal action on which a supplemental civil action is based is acquitted, or such criminal action is exempted or dismissed, the court shall make a judgement to dismiss such supplemental civil action. Where the criminal action has been dismissed by a ruling, the court shall make a ruling to dismiss the plaintiff's action. 
Except where the third instance court rules pursuant to Articles 508 through 511 of the Code of Criminal Procedure, the court shall try the supplemental civil action of a case concerning Article 23 by itself, and Paragraph 1, Article 504, and the first part of Paragraph 1, Article 511 of the Code of Criminal Procedure shall not apply. This provision shall not apply where lack of jurisdiction is held and the case is transferred pursuant to Paragraph 2, Article 489 of Code of Criminal Procedure.
Article 28
An appeal against a judgment of the district court regarding a supplemental civil action in an ordinary or summary proceeding concerning Article 23 shall be filed with the competent Intellectual Property Court.
Article 29
With respect to a summary proceeding for a case concerning Article 23, its supplemental civil action shall be decided with the criminal action at the same time. However, if necessary, it can be decided within 60 days after the criminal action is concluded.
Provisions in Articles 436-2 through 436-5 of the Code of Civil Procedure shall apply mutatis mutandis to an appeal to the third instance court against a judgment of the second instance in a supplemental civil action under a summary proceeding.
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