Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document

Korea, Republic of

(a) Civil judicial procedures and remedies

On page 1 of document IP/N/6/KOR/1, in the fourth line of the second paragraph of the answer to Question 1, "30,000,000" should read "50,000,000". [Reply to Question 1 in IP/N/6/KOR/1: The jurisdiction of the court is prescribed in Articles 1-2 to 36 of the Code of Civil Procedure (hereinafter referred to as CCP) and the Court Organization Act. The District Court has original jurisdiction over cases in the first instance. The jurisdiction varies not only by territory but by subject matter. According to the subject-matter jurisdiction, a single judge generally presides over the cases. But some cases such as a civil case in which the amount in dispute exceeds 30,000,000 won must be adjudicated by the collegiate division (three-judge court). The collegiate divisions of the District Court also have jurisdiction over appeals against the decisions of a single judge of the District Court, branch courts and municipal courts. The High Court, as an appellate court, has jurisdiction over the cases appealed from judgements or rulings rendered by collegiate divisions of the District Courts. The Supreme Court has the jurisdiction over the cases that are appealed against the judgements or the rulings rendered by High Courts or appellate divisions of District Courts.]
On page 2 of document IP/N/6/KOR/1, in the first line of the first paragraph, "shall" should read "may". [First line of first paragraph of the response to question 2 on page 2 of IP/N/6/KOR/1: Under the Copyright Act of Korea, the Copyright Management Services shall have the authority to assert IPRs and appear in court on behalf of copyright holders (Copyright Act Articles 78 to 80).]

(b) Administrative procedures and remedies

(a) Judicial measures

(b) Administrative measures

On page 8 of document IP/N/6/KOR/1, in the second line of the second paragraph of the answer to Question 15, "Article 14" should read "Article 6(14)". [Second line of second paragraph of the response to question 15 on page 8 of IP/N/6/KOR/1: Infringements of intellectual property rights other than counterfeit trademark or pirated copyright goods can be subject to investigation and control, under Article 14 of the Act on Judicial Police and Their Rights.]