TIPO Officials Can Transfer to IP Court Judges.

The Judicial Yuan expands the channels for recruitment of IP Court judges.  In addition to the former judges of IP specialized court, those judges, prosecutors, attorneys, scholars, officials who have had a certain level of legal authority to manage IP matters, or patent examiners are the candidates of IP Court judges.  The Judicial Yuan will first select 12 to 16 candidates as the initial group of IP Court judges for the commencement operation of IP Court in March 2007.  

  In current system, attorneys and scholars can only transfer to the judges of district courts, and as a result thereof, attorneys or scholars do not have the inclination for transfer.  However, the position of IP Court judges would be more appealing since IP Court is on the level comparable to the High Court or High Administrative Court, and the judges of IP Court are accordingly being paid more and entitled with more authority.    

  According to the “Intellectual Property Court Organic Act”, the public officials who are currently in office or qualified or have managed the examination, appeal, or regulation concerning intellectual property matters for more than 10 years, are competent for the office of IP Court judge even if they are not experienced in trial but have substantial judgment on IPR matters.  

  The “IP Court Judge Training Program” began on March 6, 2006.  It is reported that there has been a total of 84 judges from the district courts and High Administrative Court applying for such program after the release of the “IP Court Judges Training and Study Program”, and 40 out of the 84 judges will be selected by the Judicial Yuan for the training.  

  In addition, for the purpose of assisting IP judges, the office of technical examiners will be established and 13 to 26 technical examiners will be selected and grouped to handle IP matters.   

  The technical examiners are supervised and directed by the IP judges to assist by providing technical judgment in IP dispute cases and to collect and analyze relevant technology information.  Also, technical examiners should render professional opinions about technical issues to the judge and participate in the proceedings in accordance with the Law Governing Examination And Adjudication of Cases Filed in The Intellectual Property Court.  (2006.3)

/CCS