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Trademark Act — Article 152 (Trial Expenses)

상표법 제152조

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) The payment of trial expenses under Articles 117 (1), 118 (1), 119 (1), 120 (1), 121 and 214 (1) shall be determined through a trial decision if a trial is completed upon a trial decision, or by decision if a trial is completed without a trial decision.

(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112 and 116 of the Civil Procedure Act shall apply mutatis mutandis to trial expenses under paragraph (1).

(3) Trial expenses under Article 115 or 116 shall be borne by a requester.

(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to expenses borne by a requester pursuant to paragraph (3).

(5) The President of the Intellectual Property Trial and Appeal Board shall determine the amount of trial expenses at the request of a party after a trial decision or a decision becomes final and conclusive.

(6) The extent, amount and payment of trial expenses and the payment of expenses incurred in performing procedures in a trial shall coincide with precedents in the relevant provisions of the Costs of Civil Procedure Act to the extent not inconsistent with the nature thereof.

(7) A fee paid or to be paid by a party to a patent attorney who has followed trial proceedings on behalf of the party shall be deemed trial expenses to the extent of the amount prescribed by the Commissioner of the Korean Intellectual Property Office. In such cases, even if several patent attorneys have participated in trial proceedings on behalf of the party, only one patent attorney is deemed to have followed trial proceedings on behalf of the party.

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