특허권 등의 지식재산권에 관한 소와 44이에 대한 이송결정의 적법 여부 - 대법원 2019. 4. 10. 자 2017마6337 결정에 대한 분석 -

The Supreme Court decision on March 10, 2019, dated March 10, 2019, stated that the transfer decision was legal in the case that the Seoul High Court transferred to the Patent Court on the grounds of jurisdiction violation for a lawsuit on intellectual property rights such as patent rights. This paper examines the meaning of exclusive jurisdiction, arbitrary jurisdiction, and the handling of civil law. In addition, the provisions of Articles 28-4 of the Court Organization Act, 24, 36 and 34 of the Civil Procedure Act and their interpretation will be discussed and its validity will be discussed. The decision of the 2017 Supreme Court March 5, 2019, which is the Supreme Court, means that it is under the jurisdiction of the Patent Court if it belongs to a patent right, and the Seoul High Court has no jurisdiction. and This decision shall be binding on the patent court in accordance with the binding force of the transfer decision. The parties may, however, file an immediate appeal (in this case, appeal again), but since the Seoul High Court's judgment is reasonable, it is a reasonable decision that the Supreme Court rejected the appeal.