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Trademark Act — Article 151 (Relationship to Lawsuits)

상표법 제151조

This English translation is based on the Korean text effective 2024-05-01. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) Where necessary in a trial, the presiding judge may suspend procedures ex officio or at the request of a party until a trial decision rendered in another trial in connection with the trial’s case becomes final and conclusive or legal proceedings are completed.

(2) Where necessary in legal proceedings, a court may suspend such legal proceedings, ex officio or at the request of a party, until a trademark-related trial decision becomes final and conclusive.

(3) Where a lawsuit against infringement of a trademark right or an exclusive license is brought, the court shall notify the President of the Intellectual Property Trial and Appeal Board of the purpose of such lawsuit. The same shall also apply where such legal proceedings are completed.

(4) Where in response to a lawsuit concerning infringement on trademark rights or an exclusive license under paragraph (3), a trial to invalidate such trademark rights, etc. is requested, the President of the Intellectual Property Trial and Appeal Board shall notify the court under the same paragraph of the purpose of such lawsuit. The same shall also apply where a decision to dismiss a written request for such trial, or a trial decision is made or such request is withdrawn.

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Korean original (law.go.kr) · Get articles as JSON via API

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