Journal Article

A new era in the adjudication of IP cases in Taiwan

Hsiao-Ling Fan

in Journal of Intellectual Property Law & Practice

Volume 3, issue 6, pages 364-368
Published in print June 2008 | ISSN: 1747-1532
Published online April 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn059
A new era in the adjudication of IP cases in Taiwan

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Legal context

Taiwan will establish a specialized Intellectual Property Court and implement the Intellectual Property Case Adjudication Act (the ‘Adjudication Act’), a new set of procedural rules for IP-related cases on 1 July 2008. This article briefly introduces the major changes that will be brought by the establishment of the IP Court and the Adjudication Act. Those changes aim to cure existing defects in current IP litigation procedure.

Key points

This article first addresses the problems in current practice and then introduces the key changes brought by the new laws: the establishment and jurisdiction of the IP Court, the availability of the invalidity defence, the new staff of technical examiners, the improvement of preservation of evidence, the introduction of protective orders, and the stricter standard for preliminary injunction.

Practical significance

The establishment of the IP Court, together with the implementation of the Adjudication Act, indicates that a new era of IP-related dispute resolution is at hand.

Keywords: In response to public concern that the laws and practice relating to IP rights, being essential to the economy, require a higher degree of specialty, Taiwan has passed the Intellectual Property Court Act to establish a specialized IP court, and the Intellectual Property Case Adjudication Act (‘Adjudication Act’).; Changes to be brought under the new legislation include the establishment of a special IP Court, to be staffed by technical examiners with expertise in science and technology.; Under the new system, the use of preliminary injunctions will also be tightened up and there will be improvements in the preservation of evidence.

Journal Article.  2795 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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