Special Training Session for IP Judges Kicks Off. Judges to Be Challenged by Three-in-One Proceeding, Various non-Legal Special Knowledge And Need to Hold International Perspective.

　The Judicial Yuan made the announcement on 7 April 2008 to being the 6-month special IP training session programmed for special IP judges.  Lai In-Jaw, The Honorable Chief Justice and President of the Judicial Yuan indicated in the opening address that IP Court judges will face three challenges:  the special three-in-one proceeding, the wide range of non-legal special knowledge involved and the need to examine cases from the global perspective.

　Except for the cases provided in Article 3 of the Intellectual Property Court Organization Act, the criminal action of an IPR-related matter and the relevant incidental civil actions shall still be initiated in the general court in accordance with the Intellectual Property Cases Adjudication Act.  That is to say, regardless of whether the IPR matter is brought before the IP Court or the general court, the judge needs to familiarize him/herself with the necessary special legal knowledge and practice to adjudicate IPR cases..

　A total 40 judges are put under the current training session.  They are among those who did not participate in the 2006 special IP judges training program organized by the Judicial Yuan.  This training session, two weeks every month for a total of 368 hours, will end on 19 September 2008

　According to the Intellectual Property Court Organization Act, the Taiwan High Court Prosecutors Office will have a special branch set up in the IP Court.  Accordingly, the participants in this training session include prosecutors (a total of six of them) in consideration of the call for special training of the staff and sharing of resources to arise from the establishment of said branch prosecutors office by the Ministry of Justice.

　The IP Court will begin operation in July 2008, a special court of the high court level having jurisdiction over the civil aspect of IPR related matters as the court of first and second instances, the criminal aspect as the court of second instance, and the administrative aspect as the court of first instance.  To familiarize the IP Court judges who are selected from various general courts with the civil, criminal and administrative proceedings, the Judicial Yuan organized an on-job training course for the them, nine in total including the director of the IP Court and the course beginning on 1 March is scheduled to end on 30 June 2008.  (2008.04)

/EMA