IP Court to Examine Civil, Criminal, And Administrative Aspects of All Cases Filed.

According to Chen Tzong-Jehn, Director of the Department of Judicial Administration, Judicial Yuan, the IP Court to be established will be a “3-in-1” special court:  the civil, criminal and administrative aspects of the case will be heard and adjudicated by the same judge in consideration of efficient utilization of judicial resources and consistency of court opinions.

Director Chen said currently the patent holder may obtain a preliminary injunctive order against a suspected infringer by providing a security in the amount equal to one third of the alleged value of claim.  According to the proposed amendment to the Patent Act, however, preliminary injunctive relief will be granted when and only when the judge considers the injunctive relief sought for imperative after conducting the relevant investigation.  This proposed change is to prevent financially strong companies from exploiting the proceeding to drive competitors with lesser financial viability out of business.  (2005.10)

CYJ /EMA