Intellectual Property Case Adjudication Rules Article 56

Where a party claims or defends in accordance with Paragraph 1, Article 41 of the Act that an intellectual property right shall be cancelled or revoked, the court shall independently consider the validity of the right and may not rule to stay the legal proceedings on the grounds that administrative review or the administrative proceeding has not concluded.If the right in the preceding paragraph is conclusively found upon administrative review or in an administrative proceeding to be valid, or if by law the right may no longer be asserted in such proceeding, no further claim or defense based on the same facts and evidence may be raised in an intellectual property civil proceeding.