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TITLE [Revocation of Decision of Domain Transfer, etc.] Seoul Central District Court Decision 2006Gahap53066 Decided August 30, 2007 [full Text]
Summary
[1] The meaning of ""substantive relations"" under Article 2 (1) of the Private International Act and factors that this court should consider in determining the existence of international trial jurisdiction [2] The case holding that as to the lawsuit filed as disobedience against the domain name transfer decision of the US National Arbitration Forum, the international trial jurisdiction of the court of our country is acknowledged on the ground that substantive relations between the disputed issue and our country exist to justify exercise of jurisdiction by the court of our country [3] Applicable law for the validity of trademark right in the legal relation with foreign elements (= the law of the country where the trademark right is registered) [4] In case where the application of foreign law to the legal relation at issue is not possible as against the social order of our country, whether our country's law may apply to make up for the absence of an applicable law (affirmative) [5] The case applying the Unfair Competition Prevention and Trade Secret Protection Act of our country instead of the US ACPA on the ground that applying the US Anticybersquatting Consumer Protection Act as to claim for prohibition of use and transfer of a domain name registration based on the US trademark right violates the social order of our country under Article 10 of the Private International Act....
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