July 2, 2008 INTELLECTUAL PROPERTY COURT IN TAIWAN INAUGURATED JULY 1, 2008

aiwan’s first Intellectual Property Court (IP Court) was inaugurated July 1, 2008, and it is deemed as a milestone in the judicial history of our country. The establishment of the court conforms to our government’s plan to strengthen the protection of intellectual property rights.

Said Court will have jurisdiction over civil cases related to IP matters in the 1st and 2nd instances, and criminal cases related to IP matters in the 2nd instances as well as administrative litigations in IP matters in the 1st instance.

Currently, the IP Court has nine judges and is anticipated to handle 1600 to 2500 IPR-related cases each year. To assist the judges in decision making over lawsuits involving technical issues, the Court will also be assisted by nine technical examiners who were transferred from the Taiwan Intellectual Property Office (TIPO). The Court is at the same level with the High Court and will hear cases not only related to a wide range of controversy related to traditional patents, trademark and copyright matters, but also trade secrets and IC layouts … as well.

In conjunction with the inauguration of IP court, an IP prosecutor team of four prosecutors was formed at the Taiwan High Prosecutors Office in order to deal with IP-related offenses under the Criminal Code and/or the Trademark Act, Copyright Act & Fair Trade Act.

There is high hope that the new IP Court and the IP prosecutor’s team will improve the IP protection and law enforcement in Taiwan.