The Intellectual Property High Court of Korea has permitted foreign parties abroad to present their arguments online in international cases. (iClickArt) (Unauthorized reproduction and redistribution of this image is prohibited under copyright law.)

By Aisylu Akhmetzianova

The Intellectual Property High Court on Sept. 18 said it has allowed foreign parties abroad to argue international cases online, a decision expected to raise the accessibility and utility of such cases.

The first application is scheduled for a trial on Sept. 24. The domestic litigation representatives will argue in Korean in court, while foreign parties overseas will participate online. The court will offer either simultaneous or consecutive interpretation.

Intellectual property disputes can arise simultaneously in multiple countries. Parties can sue for infringement in the courts of each country where the dispute occurred and in the process, they can sometimes strategically select courts in select states under a litigation strategy.

In 2018, the court launched an international tribunal to enhance foreign accessibility to international disputes over intellectual property. Arguments in a foreign language with the consent of both parties are allowed if at least one party is not Korean or if key evidence must be examined in a tongue other than Korean.

Yet factors that have limited international trials include restricted entry into Korea due to the COVID-19 pandemic, the misconception that all trials are held in a foreign language and the need for mutual consent.

A court official said, "Because foreign parties can observe court proceedings at domestic courts and present their opinions without the need to appear in person, this is expected to stimulate the use of international trials."

aisylu@korea.kr