Pharmaceutical Affairs Specialized Court in Practice Next Year.

Starting from January 1 next year, Taipei, Panchaio, Taichung and Kaohsiung four district courts, will have Pharmaceutical Affairs Specialized Court established.  Pharmaceutical Affairs Specialized Court for the second instance will also be set up in the North, Central and South high courts or divisions.  This has become a record for our country.

 

Article 83 of the amendment of Medical Service Act that have just been passed this April, stipulated that: “Ministry of Justices shall appoint the Judiciary Yuan to establish Pharmaceutical Affairs Specialized Court, and have judges who have relevant professional knowledge or trial experiences in pharmaceutical affairs to handle disputes in pharmaceutical affairs”.  Thus, the Judiciary Yuan decides to establish 7 courts specialized in pharmaceutical affairs at those courts’ civil and criminal departments respectively.  This new act will be evaluated and assessed for whether it is necessary to add or reduce such courts after a year’s implementation.

 

Taiwan High Court currently has set up National compensation, law suits of election, labors, international trade, marine trade, intellectual property right, law suits of consumption and other specialized courts or to designate someone to manage that.  Labors, intellectual property and juvenile courts have all established a licensing system, and the Judicial Yuan is to issue licenses to certify judges.  As for the criminal part, it has set up specialized courts of communications, corruptions, serious finance or economic crimes, sexual offences, compensation for wrongful imprisonment or appointed someone in particular to handle.

 

The administrative courts have now set up land and taxation special shares, or established courts specialized in environmental protection and labor.

 

With respect to the specialized courts, Kaohsiung has set up Juvenile Courts to handle juvenile delinquency happens in Kaohsiung, further plan and prepare to set up or give an impetus of the establishment of district family courts and specialized court for Intellectual Property Right.

 

The Judicial Yuan simultaneously gives an impetus to drafts of having experts participate in trials, and combines the idea of allowing the persons involved in the civil cases to chose judges on mutual agreement, and provide judges a chance to pursue further education so as to upgrade judges’ specialized competencies and the efficiency of the trial. (2004.7)

CYJ/SH