Center's Advisory Opinion

Process Flow of Center's Advisory Opinion

Unilateral Opinion and Bilateral Opinion

There are two types of Center's Advisory Opinion depending on the parties' choice, these are: a unilateral opinion which shall be given based on the allegations and evidentiary materials presented by the applicant; and a bilateral opinion which shall be given based on the allegations and evidentiary materials presented by both the applicant and the respondent as identified in the submitted application.

With respect to a bilateral opinion, when this Center receives an application for a bilateral opinion, it notifies the respondent in writing that such application has been made and the Center also provides a duplicate of the written application and informs the respondent that an answer stating whether or not it accepts to be present at the proceedings, shall be provided by the respondent within ten (10) days from the date of receipt of notice. A bilateral opinion shall be conducted only when the respondent's acceptance has been received by the Center. Moreover, in an application for a bilateral opinion, the applicant can also choose to request a unilateral opinion in the event the respondent refuses acceptance.,/

The respondent can make a claim for an invalidation determination (hereinafter, the "Cross Invalidation Determination") with regard to the subject matter against the applicant in the proceedings of the Scope Determination. The examination of a claim for a Cross Invalidation Determination and that of a claim for an Advisory Opinion, which has been applied for, shall be conducted in consolidation.

Examination and Force of Center's Advisory Opinion

The examination shall, in principle, be conducted orally. The aim is to complete the examination within three months from the date of this Center's receipt of an application in a unilateral opinion and within four months from the date of this Center's receipt of a written answer in a bilateral opinion.

The party (parties) shall be notified of the conclusion of the examinations and the Center's Advisory Opinion shall be provided in writing, and such written Advisory Opinion shall be sent to the applicant in a unilateral opinion and to both parties in a bilateral opinion. The reasons supporting the adjudicators' opinion shall be described in the written Advisory Opinion.

The Center's Advisory Opinion is an opinion of the adjudicators, who are experts, appointed by this Center, and it shall have no binding force on any person. Moreover, no appeal (including lawsuit) can be entered against the Center's Advisory Opinion.