We provide an English legal service for foreign clients. Please visit our website: www.kimnpark.com/eng email: info@kimnpark.com Tel. +82 32 864 8300 === Supreme Court Decision 2018Da231550 Decided March 11, 2022 【 Judgment of Execution 】 【 Main Issues and Holdings 】 [1] Method of determining whether the approval of a final and conclusive judgment rendered by a foreign court or a judgment acknowledged to have the same force (hereinafter “final judgment, etc.”) may give rise to a result being against sound morals or other social order of the Republic of Korea When determining the requirements for recognition of a final judgment, etc. stipulated in Article 217-2(1) of the Civil Procedure Act, whether the stability or predictability of the international trade order as well as domestic circumstances should be considered (affirmative) and whether the approval of a judgment rendered by a foreign court can be denied for the simple reason that no A...
(A) The Trademark Act provides that in a case where one intellectual property (IP) right is in conflict with other IP right, the first-to-file right, or the earlier created right, is given priority over the other, and it is reasonable to assume that such rule invariably applies to a trademark conflict. Therefore, in a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior applied and registered trademark before the filing date of the said trademark owner’s application for trademark registration (hereinafter “subsequent registered trademark”) and used the subsequent registered trademark, without authorization of the owner of a prior mark, on goods similar or identical to designated goods of the prior registered mark, an exclusive right to the use of the subsequent registered trademark is no longer exercisable, and an infringement on the prior registered mark is established without regard to whether a trial ruling that inval...
K&P Law Firm in Songdo, Incheon, south Korea is t a law firm which provide an English legal service in Incheon. We provide various advice for foreigners. Tel. +82 32 864 8300 Email: info@kimnpark.com Please Visit our Website: www.kimnpark.com our new blog: https://knplawfirm2.tistory.com/
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