Intellectual Property Case Adjudication Rules Article 60

Where, in the reasons of a conclusive judgment on an intellectual property civil litigation, an issue of cancellation or revocation of an intellectual property right or amendment of patent claims as under Paragraph 1, Article 41 or Paragraphs 1 and 2, Article 43 of the Act is determined on the basis of the results of arguments presented, if the same party raises in other actions regarding the same issue a claim or defense contrary to the gist of the final judgment on the basis of the same basic facts, the court shall make its determination by deliberating on the relevant circumstances such as whether the above final judgment is obviously in contrary to laws and regulations or unfair, whether new litigation information emerges that may affect the outcome of the judgment, and the principle of good faith.