Bob Siminski Gets Insight from the Korean Patent Court

Today I met with the Korean Patent Court (KPC), which is essentially equivalent to the U.S. Court of Appeals for the Federal Circuit (CAFC). Despite its name, the KPC has jurisdiction over a wide variety of intellectual property matters, including copyrights, trademarks, and trade secrets, for example.

The Justices at the KPC tend to sit for two to five years and then are transferred to other appellate level courts. I’m not sure why this is, but it seems strange that just when a Justice gets the experience necessary to fully appreciate the nuances of IP law, he/she is then transferred to another court.

I was again impressed with the use of technology in the courtroom; comparatively speaking well ahead of many U.S. Courts.

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Yesterday I met with Justices of the Korean Supreme Court to discuss intellectual property litigation in Korea. Having the opportunity to dialogue with Supreme Court Justices is thrilling in any country.

It was surprising to hear that parties involved in litigation have the opportunity to submit new evidence on appeal. This is contrary to U.S. practice, in which all evidence must be admitted at trial.

Another surprising comment from the Court was that approximately 35-40% of all intellectual property cases heard at the appellate level are appealed to the Supreme Court. No stats were provided, but the Court suggested that a high percentage of appealed cases are actually heard.

The Korean Supreme Court makes heavy use of electronic databases and audio visual technology, making it possible to readily retrieve documents (no clumsy paper shuffling). Monitors are used to display evidence to everyone in the courtroom – all in all very efficient.

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