Specialized court equivalents to high court level designed for intellectual property litigations.

Judiciary Yuan intends to establish an Intellectual Property Court which equivalents to a high court level.  The court is to govern all cases in relevance to Intellectual Property Law and technology litigations.  The Judiciary Yuan also intends to adopt a trial system combining Civil, Criminal and Administrative litigations into one, so as to expedite the trials in Intellectual Property Litigations.  According to the plan drawn up by the Judiciary Yuan, the intellectual property specialized court will be dealing cases in concerning with trademark, layout for integrated circuit, trade secret and unfair competitions.

The current draft of a workable plan for courts specialized in Intellectual Property intends to adopt a way of having Civil, Criminal, and Administrative litigations combined into one.  Have the court specialized in Intellectual Property Law designed in a level equivalents to the high court level (adopt the German, American and Korean System), and maintain the first instance for Civil and Criminal litigations in district courts, and adopt a system that allows to appeal if one is not satisfied with the ruling given by the court specialized in Intellectual Property.  In the Civil litigations, plaintiffs can directly appeal to the Intellectual Property Court and bring criminal litigations into the trial ambit of the Intellectual Property Court. (2004.08)

                                                                                                         CYJ/SH