Goto Main Content
:::

Chapter Law Content

Chapter Four - Administrative Action
Article 30
The provisions of Paragraph 1, Article 8, Articles 11 through 15, and Paragraph 1, Article 16 shall apply mutatis mutandis to a case concerning Article 23 or its supplemental civil action.
Article 30-1
The summary proceeding in Section 2, Chapter 2 of the Code of Administrative Litigation Proceedings shall not apply to an administrative action concerning intellectual properties.
Article 31
The administrative actions prescribed in Subparagraphs 3 and 4, Article 3 of the Intellectual Property Court Organization Act are subject to the jurisdiction of the Intellectual Property Court.
When other administrative actions are jointly initiated with the actions set forth above, or are filed in addition thereto, they shall be filed with the Intellectual Property Court.
For the purposes of enforcement set forth in the first paragraph, the Intellectual Property Court may establish an enforcement bureau, request the enforcement bureau of the civil division of the district court, or request an administrative agency, to administer enforcement matters on its behalf.
The Intellectual Property Court shall rule where a debtor opposes an enforcement order assigned in the preceding paragraph.
Article 32
Unless otherwise prescribed by law, an appeal may be filed with the final administrative court against a judgment of the Intellectual Property Court.
Article 33
In an administrative action concerning cancellation or revocation of a registered trademark or patent, the Intellectual Property Court shall take into account any new evidence submitted on the same grounds for the cancellation or revocation prior to the end of the oral argument.
The competent intellectual property authority shall provide written briefs in response to the new evidence in the preceding paragraph, indicating whether arguments provided by the opposing party concerning such new evidence have merit.
Article 34
The provisions of Articles 8 through 15, Articles 18 and 22 shall apply mutatis mutandis to an administrative action concerning intellectual properties.
A judge handling the intellectual property civil or criminal action may participate in the relevant intellectual property administrative trial, to which Subparagraph 3, Article 19 of the Code of Administrative Litigation Proceedings shall not apply.