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司法院新聞
 
2008.06.12
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The Intellectual Property Court Will Be Formally Established on July 1, Intellectual Property Law Heads Into a New Milestone


 The Intellectual Property Court will soon be formally established on July 1, and the opening ceremony is scheduled in the morning of the same day to celebrate the Intellectual Property Law heading towards a new milestone. The Judicial Yuan has already completed various supplementary preparations for the set up of the Intellectual Property Court; on June 16 relevant staff members will attain the Intellectual Property for educational training, and carry out various stock take of machines and tests of their functions, so that the Intellectual Property Court may get onto the right track sooner and operate smoothly.

In order to secure intellectual property rights, Judicial Yuan appropriately dealt with the lawmaking target of the Intellectual Property cases, and proactively prepared and planned for the hard- and soft- wares for the Court since the promulgation of the Intellectual Property Court Organization Act and Intellectual Property Case Hearing Act on March 28, 2007. The address of the Intellectual Property Court is Level 3, East gate, No. 7, Section 2, Hsien Ming Boulevard, Banciao City, Taipei County (i.e. Banciao Train Station, Tri-Rail Construction Building Floor 3 ~ 5). Related to Court hardware facilities construction, office furniture, furnishing of business machine equipments, information software construction, web paving, central engine room set up work, business-related miscellaneous work etc should soon come to an end. On the aspect on the staff admission, there would be one Chief Justice, seven judges, nine technical investigators, chief clerk, clerk, and legal assistants etc, a total of 67 staff, manpower allocation aims at precision and simplicity so as to amplify the judicial resources to their maximum benefits.

On the aspect of guidance on intellectual property litigation system, many new system explanation seminars were held and printed “Questions and Answers on the new Intellectual Property Litigation System” and “Question and Answers on Intellectual Property Case Hearing Act” were delivered to judges, prosecutors, institutions, and the public for reference. 

In addition, due to the fact that the new Intellectual Property system gathers civil, criminal, and administrative litigations in the Intellectual Property Court, and there are lot more innovated standards; at the time of preparing for the Intellectual Property Court, the Judicial Yuan has already considered the suitable legal questions that maybe encountered by the trials. For example, jurisdiction disputes between Intellectual Property Court and the normal Court, the conflict between resurgence of a ceased litigation and criminal offence attached with civil offence announced with a verdict to the case, increase of patent administration litigation case hearing time, disputes on jurisdiction and unregulated procedures on intellectual property security matter that have been entrusted on normal court, former views of the final court differs from the regulations in the Intellectual Property Case Hearing Act. In order to ensure smooth implementation of the regulations on hearing, Judicial Yuan would appropriately call for meeting for discussion after the establishment of the Intellectual Property Court.  Also, anticipated to establish a research committee on Intellectual Property Case Hearing Act, to collect relevant questions and to proceed with fundamental research for information on law amendments and litigation resolution.

Since the cases dealt with by the Intellectual Property Court would touch upon various professional realm, and although the Intellectual Property Court has technical investigators, the numbers are limited and cannot ensure that all technical professionals are included. Would thus consider to follow Japan and Korean Intellectual Property Court, in the future, to establish a professional consultant committee, build up an expert adviser regiment, and to train the relevant legal knowledge, for the convenience of the consultation of science and technology issues.

Furthermore, acceleration of case hearing and strengthening of mediation mechanism for intellectual property litigation are extremely important, hence, after the establishment of the Intellectual Property Court, litigation resolution outside the litigation would be proactively established in order to speed up the realization of the parties’ rights and ease the case burden from the Intellectual Property Court.