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ADMINISTRATIVE LITIGATION CANNOT BE WITHDRAWN IN TRADEMARK OPPOSITION CASES
After a suit is filed in the High Administrative Court, or after an appeal is lodged against a judgment of the High Administrative Court, all or part of the litigation may be withdrawn at any time before a judgment becomes irrevocable. This is provided by Article 113, Paragraph 1 and Article 263 of the Code of Administrative Pro-cedure (CAP). But under Article 114, Paragraph 1 and Article 263 of CAP, such litigation may not be withdrawn if its withdrawal would be against the public interest. In the past, the Su-preme Administrative Court and High Adminis-trative Court have never relied on Article 114, Paragraph 1 or Article 263 of CAP as grounds for refusing leave to withdraw litigation.
However, in its judgment in a 2003 appeal from a trademark opposition case, the Supreme Ad-ministrative Court stated that trademarks are used to distinguish the sources of goods, and as such they affect the interest of the public in cor-rect identification. If the suit were withdrawn, this might allow an unlawful administrative de-cision to continue in force, which would be against the public interest. Therefore, although the plaintiff in the original suit petitioned the Supreme Administrative Court to withdraw the appeal while it was still pending at the Court, the Court took the view that the case involved the public interest, and refused leave to withdraw the appeal, citing Article 114, Paragraph 1 and Ar-ticle 263 of CAP.