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| TITLE | Supreme Court Decision 2009Da19093 Decided April 28, 2011 [Transfer of Registration for Patent Right] [full Text] |
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| Summary | |
| [1] Requisite elements for an agreement of exclusive international jurisdiction to be valid, when this is to exclude jurisdiction of a foreign court and designate a Korean court as the court of competent jurisdiction [2] Whether a lawsuit concerned with the establishment of a patent right yet to be registered or a claim for validation, invalidation or revocation of a patent right can be seen as falling under the exclusive jurisdiction of the country of registration (affirmative), and whether a lawsuit seeking performance of a transfer contract can be seen as falling under the exclusive jurisdiction of the country of registration or where registration has been filed, when the main issues of the dispute or examination are concerned only with the interpretation of a contract to transfer patent rights or the validity of such a contract, and irrelevant as to the establishment of a patent right or a claim for validation, invalidation or revocation of a patent right (negative) [3] Where parties to a transfer contract of patent rights, etc., agreed to designate a court in Korea as the court of competent jurisdiction in case a dispute arose concerning the contract, the Court ruled that a lawsuit seeking to transfer registration of patent rights cannot be seen as falling under the exclusive jurisdiction of the court of the country where the above patent had been registered, and that the above agreement on exclusive international jurisdiction was valid | |
