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Trademark Act — Article 162 (Lawsuits against Trial Decision)

상표법 제162조

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) A patent court shall have exclusive jurisdiction over lawsuits for trial decisions and lawsuits for decisions to dismiss an amendment or decision to reject a written request for a trial or written request for a retrial under Article 42 (1) applicable mutatis mutandis pursuant to Article 123 (1) (including cases applicable mutatis mutandis in Article 161).

(2) A lawsuit under paragraph (1) may be brought by only the party, intervenors or those whose application for intervention in a retrial is rejected even though they have filed such application.

(3) A lawsuit under paragraph (1) shall be brought within 30 days from the date the relevant person is served with a certified copy of a trial decision or a decision.

(4) The period under paragraph (3) shall be fixed: Provided, That the presiding judge may determine an additional period to the fixed period for those in the area with inconvenient traffic, such as islands and remote rural areas, on his or her own authority, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(5) No lawsuit concerning matters on which a trial may be requested shall be brought unless such matters relate to a trial decision.

(6) No lawsuit under paragraph (1) for a trial decision or a decision on trial expenses under Article 152 (1) shall be brought independently.

(7) With respect to a judgment made by a patent court under paragraph (1), a final appeal may be made to the Supreme Court.

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