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Legal Notice Provisions for the Intellectual Property Court (Administrative Litigation Matters)

  • Publication Date:
  • Last updated:2022-06-26
  • View count:110

Appealable

If a party disagrees with this judgment, a written appeal petition shall be filed with the Court within 20 days calculated from the date of service of the judgement indicating the reasons for the appeal. If the reasons are not set forth in the appeal petition, a supplemental petition shall be filed with the Court within 20 days after the filing of the appeal. If the petition is filed after the judgment is announced but before it is served, a supplemental petition with reasons of the appeal shall be filed with the Court within 20 days after the judgment is served. (The number of the written copies thereof to be submitted shall be the same as the number of opposing parties.)

An appellant shall appoint an attorney as his/her advocate in the appeal and produce a power of attorney. (Administrative Litigation Act, Article 241-1, the fore part of paragraph 1). However, provided that any of the following conditions is met, an appellant may exceptionally not to appoint a lawyer as his/her advocate. (the proviso of paragraph 1 and paragraph 2 of the same Article)

Conditions under which an appellant may exceptionally not to appoint a lawyer as his/her advocate

Requirements

(1) When any one of the conditions set out in the right column is met, an appellant may exceptionally not to appoint a lawyer as his/her advocate.

1.        The appellant or his/her legal representative is qualified to act as an attorney or is a professor or an associate professor of public law in a university or independent college accredited by the Ministry of Education.

2.       For tax administrative matters, the appellant or his/her legal representative is qualified to act as a certified public accountant.

3.       For patent administrative matters, the appellant or his/her legal representative is qualified to act as a patent attorney or legally qualified to act as a patent agent.

(2) Where a non-lawyer meets any one of the conditions set out in the right column, and the Supreme Administrative Court considers it appropriate, such a non-lawyer may also act as an advocate in the appellant court.

1.        Where the spouse, or a relative by blood within the third degree or a relative by marriage within the second degree to the appellant is qualified to act as an attorney.

2.       For tax administrative matters, the person is qualified to act as a certified public accountant.

3.      For patent administrative matters, the person is qualified to act as a patent attorney or legally qualified to act as a patent agent.

4.      Where the appellant is a public legal person, a central or local government agency or an unincorporated group in public law and has full-time personnel who handle the legal system, legal affairs, petitions, or the business related to the litigation matter.

Whether it meets the conditions of (1) and (2) above to be an exception to the mandatory representation in court by an attorney, the appellant shall make a preliminary showing either upon appeal or upon appointing the advocate, and produce the photocopy of the document indicating the relationship specified in (2) above and the Power of Attorney.

Right to interlocutory appeal

If a party disagrees with this ruling, a written interlocutory appeal petition shall be filed with the Court within 10 days calculated from the date of service of the ruling. (The number of the written copies thereof to be submitted shall be the same as the number of opposing parties.)

No appeals may be against the ruling

No appeals may be raised against the ruling.

No appeals may be against the ruling (A ruling granting a confidentiality preservation order)

No appeals may be raised against the ruling.

This confidentiality preservation order shall become effective upon being served to the counterparty thereto.

A person subject to a confidentiality preservation order shall report to court any change of his domicile or residence.

Partially not appealable and partially appealable against rulings (A ruling granting a confidentiality preservation order)

For the motion that is granted for an appeal against a confidentiality preservation order, no objection may be raised; for the motion that is denied for an appeal against a confidentiality preservation order, a person who disagrees with this ruling shall file a written petition of appeal against the ruling to the Court within 10 days calculated from the date of service of this ruling.

This confidentiality preservation order shall become effective upon being served to the counterparty thereto.

A person subject to a confidentiality preservation order shall report to court any change of his domicile or residence.

No objection

No objection may be raised against the ruling.

 

 

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