1. The Court system and The Constitutional Court system of Korea KH LEE )

2. 2  Introduction  The Court System of KOREA  Overview  bifurcated IP litigation system  Patent Court of Korea - Established in 1998  Advantages & Disadvantages of Specialized Courts  The Constitutional Court of KOREA - Established in 1988  Conclusion Table of Contents

3. 3  Overview  No Federal Elements, Simple Structure  No Jury Trial – recently passed law  A Typical Korean Judge – about 2,400 judges  Begins his/her judicial career at an early age of around 30  Career system : Rotates almost every two years  Dispatch to other organizations (e.g Constitution Research Officers)  Civil, Criminal & Bankrupt court – Rotates by turns Korean Court System

4. 4 Court Structure Supreme Court of Korea 5 Regional High Courts 18 District Courts Patent Court Intellectual Property Tribunal (Administrative Agency)

5. 5  Civil Infringement & Criminal Case  District Court High Court Supreme Court  No Special Court  Special Divisions in Major District/High Courts  4 Divisions in Seoul Central District Court  2 Divisions in Seoul High Court Bifurcated IP Litigation Structure

6. 6  Establishment, Invalidation, Confirmation of the Scope of Rights Cases  IPT Patent Court Supreme Court  Patent, Utility Model, Trademark, Design, Plant Variety Bifurcated IP Litigation Structure

7. 7  Expertise of Judges  4 Divisions, 13 judges (1 Chief Judge, 4 Presiding Judges, 8 Associate Judges)  Overseas Studies & Training Program  Long Term Service at the Patent Court Patent Court of Korea - Special Features

8. 8  Technical Examiners  9 Technical Examiners in Various Areas of Science & Technology  Legal Status: Positioned between Technical Judge of Germany and Technical Assistant of U.S.  No Technical Examiners in General Courts  Only 2 Technical Researchers in Seoul Central District Court Patent Court of Korea - Special Features

9. 9  Patent Attorneys  Different exam – not qualified lawyers(unique sys)  Permitted to Represent Patent Court Case  Not Entitled to Represent General Court Case  Hot issue Patent Court of Korea - Special Features

10. 10  Comparison of Filed IP Cases in 2002  Patent Court Of Korea: 843  Tokyo High Court of Japan: 754  CAFC of U.S.: 561 (1,187 Non-IP Cases Are Not Included)  In Korea, Most IP Cases Are Handled by the Patent Court. Patent Court of Korea - Statistics

11. 11  Ideals of Judicial Procedure  Article 41(2) of TRIPs Agreement  “Procedures concerning the enforcement of IPR shall be fair and equitable. They shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.”  Article 1(1) of Korean Civil Procedure Act  “to operate judicial procedure justly, speedily, and economically.”  Three Ideals: Just Decision, Speedy Procedure, Inexpensive Cost Advantages & Disadvantages of Specialized Courts

12. 12  Advantages  Just and Predictable Decision  Specialized Judges and Full Support by Technical Examiners  High Credits for Patent Court Decision  Speedy and Concentrated Procedure  Patent Court Procedure is much faster than General Court  Less Expensive Litigation Cost  Legal Costs for a Typical Patent Court Case  patent Attorney Fees: Less than 5million won($4,500) Advantages & Disadvantages of Specialized Courts

13. 13  Possible Disadvantages  Inconvenience of the Residents of Remote Local Areas  Tunnel Vision of Specialized Judges  due to the lack of diverse experience.  Not SO serious as US Advantages & Disadvantages of Specialized Courts

14. 14 The Constitutional Court of Korea  Brief history – Basically German style  13,800 cases  9 Justices  47 Constitution Research Officers  Including 11 judges, 5 prosecuters  The Great Role of CC.  Check and balance

15. 15 The Constitutional Court of Korea  Jurisdiction – judgment on..  the Constitutionality of Laws  Impeachment : 2004 President  Dissolution of a Political Party  Competence Dispute  Constitutional Complaint  Please enjoy CD !

16. 16  General explanation about Broad legal system of KOREA  Rapid Developments of IT Industries in Korea Since 1990’s  Korean Patent Court’s Important Role in Development of National Economy  Experience in Korea shows that a Specialized Court is more desirable than a General Court at least in most Civil Law Countries.  Great role of CC  The influence of KORUS FTA – NEED MORE STUDY! Conclusion

17. 17 Thank You ! Contact Information Kyu-Hong Lee Judge (The Constitutional Court of Korea) Tel: +82 2 766 5986 Fax: + 82 2 708 3380 E-mail: jinjin@scourt.go.krjinjin@scourt.go.kr jinnnjin@hanmail.net