Intellectual Property Case Adjudication Act Article 37

Intellectual Property Case Adjudication Act Article 37June 4, 2014
When a civil action of an intellectual property trial is pending at the district court or at the High Court before this Act comes into force, the jurisdiction and adjudication proceedings shall be subject to the following: 1. Taking into account the progress of the case, the district court or the High court shall conclude the case pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected. 2. If an appeal is filed against a judgment of the district court, and the related dossier documents have not been forwarded to the court of appeal, such case shall be submitted to the Intellectual Property Court as a second instance court. Where any cases concerning Article 23 and any supplemental civil actions thereto have been pending at the courts of various levels before this Act comes into force, any subsequent actions shall be concluded at the respective courts pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected. Where any intellectual property administrative actions have been pending at the High Administrative Court before this Acts comes into force, such court shall, taking into account the progress of the cases, conclude the cases pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings completed in due process is not affected.

Intellectual Property Case Adjudication Act Article 37June 4, 2014

When a civil action of an intellectual property trial is pending at the district court or at the High Court before this Act comes into force, the jurisdiction and adjudication proceedings shall be subject to the following:

1. Taking into account the progress of the case, the district court or the High court shall conclude the case pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected.
2. If an appeal is filed against a judgment of the district court, and the related dossier documents have not been forwarded to the court of appeal, such case shall be submitted to the Intellectual Property Court as a second instance court.

Where any cases concerning Article 23 and any supplemental civil actions thereto have been pending at the courts of various levels before this Act comes into force, any subsequent actions shall be concluded at the respective courts pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected.

Where any intellectual property administrative actions have been pending at the High Administrative Court before this Acts comes into force, such court shall, taking into account the progress of the cases, conclude the cases pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings completed in due process is not affected.

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Intellectual Property Case Adjudication Act Article 23June 4, 2014
An indictment of any of the criminal offenses prescribed in the first part of Subparagraph 2, and Subparagraph 4, Article 3 of the Intellectual Property Court Organization Act, shall be filed with the competent district court. The same applies where the prosecutor makes a motion for a summary proceeding. Details >

Intellectual Property Case Adjudication Act Article 23June 4, 2014

An indictment of any of the criminal offenses prescribed in the first part of Subparagraph 2, and Subparagraph 4, Article 3 of the Intellectual Property Court Organization Act, shall be filed with the competent district court. The same applies where the prosecutor makes a motion for a summary proceeding.

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