Taiwan Intellectual Property Case Adjudication Act Latest UpdatesAAA IPRIGHT5
On January 12, 2023, the Legislative Yuan approved a measure modifying the Intellectual Property Case Adjudication Act in order to harmonize Taiwan’s intellectual property litigation with worldwide practice and protect Taiwan’s economic competitiveness. Since its enactment in 2007, the Intellectual Property Case Adjudication Act has undergone only minor revisions. It will significantly affect Taiwan’s next system of intellectual property litigation. These are the significant adjustments.
Procedures for adjudication with technology
The use of technology in litigation proceedings has been expanded by the adjustments to the Intellectual Property Case Adjudication Act to include participants, translators, expert witnesses, and others. In order to expedite the preparation of judgments and minimize paper usage, it also has the ability to distribute court decisions online.
Adding a verification process based on Japanese patent law
The implementation of an evidence-gathering procedure with legally binding force is made possible by the introduction of the verification system, which gives the parties the opportunity to petition the Court for the appointment of a neutral technical expert in accordance with Articles 19 to 26 of the Intellectual Property Case Adjudication Act. To ascertain if the infringement claimed by the right holder actually occurs, the technical expert is permitted to attend designated locations where infringement is believed to have occurred, such as factories or data centers.
The law also establishes boundaries that are fair for the verification process by addressing issues like unnecessarily prolonged verification delays, excessive expenses, and other scenarios that may place an excessive burden on the allegedly violating party. The court may reject the petition in certain circumstances. The verification mechanism aims to address the evidentiary issues that occur in patent infringement lawsuits as a result of prejudice towards one side or the other. It is also anticipated to assist the court in making more accurate factual determinations in situations involving patent infringement.
The establishment of a case management mechanism
The addition of a case management system to Article 18 of the amendments further aims to increase the effectiveness of intellectual property litigation. The different stages of the litigation might be planned in advance by the Court and the parties. This step should expedite the process while also avoiding the pitfalls of drawn-out litigation in the past. The statute also specifies penalties for disregarding the case management plan, including the Court’s authority to dismiss claims made by a party that is not covered by the plan. In making its decision, the Court may also take into account non-compliance with the case management plan.
Overall, the amendments to the Intellectual Property Case Adjudication Act introduce several new procedural innovations that serve the public interest in efficient and predictable adjudication of intellectual property cases as well as solving issues specific to intellectual property cases. The revision of Taiwan’s laws governing intellectual property litigation is seen by practitioners as a response to the future expectation that intellectual property disputes would be settled more rapidly.
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