Partial Amendment to Taiwan’s IP Case Adjudication Act Passes its Third Reading at Taiwan Legislative Yuan

Taiwan Legislative Yuan gave a green light to the partial amendment to the IP Case Adjudication Act with respect to technical examination officers’ duties and enhancement of trade secret protection.

According to the amended Article 4, technical examination officers may provide assistance in both proceedings for provisional remedies and civil enforcement.  The scope of a technical examination officer’s duties is enlarged, which would facilitate the above mentioned proceedings and effectively resolve IP disputes and further reinforce protection of IP right.  In consideration of the harmonization of legal interpretation and credibility of court decisions and rulings, the amended Article 19 establishes the IP Court’s appellate jurisdiction over appeals or protests of the decision or ruling of a court of the first instance on a civil IP case. 

In addition, in response of the difficulty in collecting evidence in civil cases with respect to trade secrets infringement, Article 10-1 is added to provide that a defendant of trade secret infringement case shall have the obligation to make concrete defense to facilitate facts finding and trade secret protection. (May 2014)
/CCS