Trial-annexed Mediation System and Timely Submission System are introduced for Patent Trials
The Korean Intellectual Property Tribunal announced that a Trial-annexed Mediation System that can terminate a trial through agreement between the parties at the trial stage and a Timely Submission System that requires intensive submission of evidence and allegations in the early trial stage will be implemented on November 18, 2021.
If a presiding trial judge decides that an early-stage grievance mediation would be more advantageous than a trial, the judge can suggest mediation referral to both parties, and if both parties agree therewith, the judge decides to refer the case to a Dispute Committee.
A party can suggest mediation to the presiding trial judge by submitting an argument during trial or at the time of filing a request for trial, if needed; however, a final decision of mediation referral is made by the presiding trial judge.
The trial will be suspended until the mediation procedure is completed, and if mediation is established between the parties, the request for trial will be withdrawn due to the same effect as a court reconciliation.
The revised system is applied to pending trial cases as of November 18.
<Trial Coordination & Mediation System Procedure>
Meanwhile, according to the introduction of the Timely Submission System which makes for prompt hearing procedures and prevents deliberate delays of trials, it is not possible to submit a claim or apply for evidence beyond the due date set by the presiding trial judge.
In the case that the Timely Submission System is violated, the presiding trial judge can reject a party’s allegations or evidence either ex officio or with a request made by the other party and not reflect them to the hearing.
Also, if it is necessary to confirm the facts of the evidence or allegations submitted by the parties during the trial, the presiding trial judge may give a period of time to explain, and such evidence or allegations may not be reflected if the parties refuse to comply without any special reason.
However, the Timely Submission System will also be applied to cases which make a hearing delayed due to late submission of evidential documents, etc. deliberately or by gross negligence by the parties. Whether such documents were submitted in a timely manner will be decided separately according to the progress of the trial.
The Trial-annexed Mediation System and the Timely Submission System are solutions to resolve disputes quickly and accurately at the trial stage. As these systems are enforced, it is anticipated that they will contribute considerably to the resolution of disputes for individuals and small and medium-sized businesses that lack time and financial power by quickly and accurately closing trial cases.
[Source: KIPO]