Judicial Yuan Amends Taiwan Intellectual Property Case Adjudication Rules

Taiwan Judicial Yuan amended part of the Intellectual Property Case Adjudication Rules in response to and in support of the enforcement of the amendments to subparagraph 2 of Article 3 of the Intellectual Property Court Organization Act and also Article 4, Article 10-1 and Article 31 of the Intellectual Property Case Adjudication Act as promulgated on June 4, 2014. 

The amendments to the Intellectual Property Case Adjudication Rules are relating to the following issues.

1.  Scope of the IP-related criminal cases (Article 3);
2.  Rewording made in response of the amendment to the 1st paragraph of Article 31 of the Intellectual Property Case Adjudication Act (Article 4 and 5);
3.  How a technical examination officer should perform his/her duties in lawsuits and other procedures (Article 13, 14, and 1st paragraph of Article 16);
4.  The court should provide the concerned party with an opportunity to make defense and/or make opinion with respect to the professional knowledge the judge acquires as a result of a technical examination officer’s exposition or assistance, so as to make a credible decision (2nd paragraph of Article 16);
5.  In civil cases with respect to trade secret infringement, the trade secret owner’s responsibility of preliminary showing for demanding the defendant to make concrete defense and the defendant’s obligation to make concrete defense and the legal consequences and effects thereof (Article 19-1 added)  (June 2014)
/CCS