|
|
| IP Newsletter | Fall/Winter 2015 | |
As background, Korea has a bifurcated system for hearing intellectual property disputes, where patent, utility model, design, and trademark infringement actions are handled by civil courts, while actions to invalidate, cancel, or confirm the scope of IP rights are handled by the IPT, which is an administrative tribunal of KIPO. While an independent IPT action typically takes approximately 9-18 months to resolve, the IPT can hear an action on an "expedited" or "highly expedited" basis in certain circumstances (such as if there is a co-pending infringement action). "Expedited" IPT actions are generally decided within 6 to 7 months, whereas "highly expedited" actions have usually been decided within 4 to 5 months.
Under the amendments, an accused infringer can now request "expedited" hearing of an IPT action on the basis that an infringement cease-and-desist letter has been received from an IP right holder (even if no suit has been filed). Further, while actions are already usually "highly expedited" if there is co-pending infringement litigation, "highly expedited" cases should now be heard in no more than 4 months, and in as little as 3 months.
Since it is common for accused infringers to respond to an infringement lawsuit by filing a corresponding invalidation action at the IPT, IP rights holders contemplating asserting infringement claims should be well-prepared to defend against validity challenges to their IP even before filing a lawsuit or sending infringement warning letters.
|
Young Hwan YANG yhyang@ip.kimchang.com |
Inchan Andrew KWON ickwon@ip.kimchang.com |
Yunki LEE yklee2@ip.kimchang.com |