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CHAPTER ¥· RETRIAL AND LITIGATION
Article 83 ¡¼Request for Retrial¡½
(1) Any party may request a retrial against
a trial decision which has become final and
conclusive.
(2) Articles 422 and 424 of the Code of Civil
Procedure shall apply mutatis mutandis to the
request for a retrial under paragraph (1) of
this Article.
Article 84 ¡¼Request for Retrial on Account
of Collusion¡½
(1) Where the parties to a trial acted in
collusion to cause a trial ruling to be rendered
for the purpose of injuring the rights or interests
of a third person, such third person may request
a retrial against the trial ruling which has
become final and conclusive.
(2) In such a retrial, the parties to the
initial trial shall be made joint defendants.
Article 85 ¡¼Restriction on Effects of Trademark
Rights Restored by Retrial¡½
The effects of a trademark right shall not
extend to the good-faith use of a trademark
identical with the registered trademark on goods
identical with the designated goods and the
acts referred to in Article 66(¥¡) to (¥¤),
after the decision concerned became final and
conclusive but before the request for retrial
has been registered, where:
(¥¡) the trademark registration or the registration
for renewal of term of the trademark right which
was invalidated has been restored by a retrial;
(¥¢) the trademark registration that had
been cancelled has been restored by a retrial;
or
(¥£) after a trial decision that a product
was outside the scope of the trademark right
became final and conclusive, a decision to the
contrary has been rendered at a retrial.
Article 86 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
(1) Articles 180 and 184 of the Patent Law
and Article 429(1) of the Code of Civil Procedure
shall apply mutatis mutandis to procedures and
requests for a retrial.
(2) Articles 186 to 188 and 189 of the Patent
Law shall apply mutatis mutandis to litigation
under the Trademark Law. In the case of Article
186(1) of the Patent Law, "Article 51(1),
as applied under Article 170(1) (including,
where applicable, mutatis mutandis application
under Article 184)" shall mean "Article
17(1), as applied under Article 81(1)(including
Article 86(1), and where applicable mutatis
mutandis under Article 184 of Patent Law)"
and "Articles 133(1), 134(1), 135(1), 137(1),
(3) and 138(1)" in the provisions of Article
187 of the Patent Law shall mean "Articles
71(1), 72(1), 73(1) and (2), 74(1) and 75".
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