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Laws › Trademark Act › CHAPTER XI SUPPLEMENTARY PROVISIONS

Trademark Act — Article 229 (Notification of Request for Perusal of Lawsuit Records)

상표법 제229조

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 there is a decision to restrict the perusal, etc. under Article 163 (1) of the Civil Procedure Act of the lawsuit records concerning a lawsuit in which an order to maintain confidentiality has been issued (excluding a lawsuit in which all orders to maintain confidentiality have been revoked), in which case any person who has not been ordered to maintain confidentiality in such lawsuit follows procedures for requesting the perusal, etc. of the part containing trade secrets for the other party who may peruse such trade secrets, a clerical officer of Grade IV, clerical officer of Grade V, clerical officer of Grade VI, or clerical officer of Grade VII of the court (hereafter in this Article, referred to as "clerical officer of Grade V, etc. of the court") shall notify one party (excluding a person who has made a request for the perusal thereof, etc.; hereafter in paragraph (3), the same shall apply) who requested the restrictions on the perusal, etc. pursuant to Article 163 (1) of the Civil Procedure Act of the fact that a request for perusal thereof, etc. has been made immediately after the clerical officer of Grade V, etc. of the court received such request.

(2) In cases falling under paragraph (1), a clerical officer of Grade V, etc. of the court shall not allow a person who follows procedures for requesting the perusal, etc. to peruse the part containing trade secrets under paragraph (1) until two weeks elapse from the date a request under the same paragraph is made. In such cases, where a request for issuing an order to maintain confidentiality to a person who follows procedures for requesting the perusal, etc. is made within that period, the clerical officer of Grade V, etc. of the court shall not allow the person who follows procedures for requesting the perusal, etc. to peruse the part containing the trade secrets under paragraph (1) until the time when a decision on such request becomes final and conclusive.

(3) Paragraph (2) shall not apply where all of the relevant persons who have made a request for restricting the perusal, etc. pursuant to 163 (1) of the Civil Procedure Act give consent to allow a person who has made a request for the perusal, etc. pursuant to paragraph (1) to peruse the part containing trade secrets under paragraph (1).

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