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| TITLE | Supreme Court Decision 2018Hu11360 Decided April 9, 2020 【Invalidation of Registration (Patent)】 [full Text] |
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| Summary | |
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The reference point when the Korean Intellectual Property Trial and Appeal Board (IPTAB) determines whether a petition for a trial violates “the doctrine of res judicada” provided by Article 163 of the Patent Act as it is based on the facts and evidence identical to the prior final and conclusive trial ruling (i.e., at the time of a trial ruling) Whether, even in litigation for the cancellation of a trial ruling that dismissed a petition for trial seeking the invalidation of registration for violating the doctrine of res judicada, whether it corresponds to a breach of the doctrine of res judicada ought to be determined by hearing whether the same facts and evidence are submitted on the basis of the time of the trial ruling (affirmative), and in such a case, whether a petitioner for a trial is allowed to allege a new ground for the invalidation of registration, which he/she did not allege in the trial proceedings (negative) |
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