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Patent Act — Article 132 (Submission of Materials)

특허법 제132조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) Upon receipt of a request from either party to legal proceedings on infringement of a patent or exclusive license, the court may order the other party to submit materials necessary for proving the relevant infringement or calculating the amount of losses caused by the relevant infringement: Provided, That the foregoing shall not apply where the person possessing the materials has a reasonable ground to refuse to submit them. <Amended on Mar. 29, 2016>

(2) Where a person possessing the materials argues that he or she has a reasonable ground to refuse to submit them pursuant to paragraph (1), the court may order the submission of the materials to determine whether the argument is right or wrong. In such cases, the court shall not allow other persons to inspect such materials. <Newly Inserted on Mar. 29, 2016>

(3) Where the materials that shall be submitted pursuant to paragraph (1) fall under the trade secret (referring to the trade secret defined under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act; hereinafter the same shall apply) but it is necessary to prove the infringement or calculate the amount of losses, it shall not be considered a reasonable ground pursuant to the proviso of paragraph (1). In such cases, the court shall designate a scope in which an inspection is allowed or a person for whom an inspection is allowed within the purpose of the submission order. <Newly Inserted on Mar. 29, 2016>

(4) Where a party fails to follow the order to submit materials without any reasonable grounds, the court may deem that the claim of the other party on the record of materials is true. <Newly Inserted on Mar. 29, 2016>

(5) In cases of falling under paragraph (4), when a party who filed a petition for the submission of materials is in a situation where it is extremely impracticable to make a detailed assertion on the records of materials and it is also difficult to expect that the fact to be proved by the materials may be proved by any other evidence, the court may deem that the assertion of the party on the fact which he or she intends to prove by the records of the materials is true. <Newly Inserted on Mar. 29, 2016>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Mar. 29, 2016]

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