Introduction
Taiwan, a global hub for innovation and technology, has made significant strides in strengthening its intellectual property (IP) protection framework. Recent legislative changes reflect the country’s commitment to fostering innovation, safeguarding IP rights, and aligning its legal system with international standards. This article explores Taiwan’s evolving IP landscape, highlighting the recent amendments to the Intellectual Property Case Adjudication Act and their implications for trade secret protection and IP litigation.
Trade Secret Protection Reinforced
On January 12, 2023, Taiwan’s Legislative Yuan passed a groundbreaking bill to amend the Intellectual Property Case Adjudication Act. The driving force behind this legislation, introduced by the Judicial Yuan, is to enhance trade secret protection and establish a more professional, effective, and internationally responsive IP litigation system.
Key Amendments
The amended act encompasses several pivotal changes that underscore Taiwan’s dedication to bolstering IP protection:
Jurisdiction Clarity for Trade Secret Cases: Trade secret criminal cases, including civil damage cases, are now under the jurisdiction of the Intellectual Property and Commercial Court as the court of first instance. This move aims to ensure a professional, efficient, and prompt trial process while protecting companies’ legitimate business rights.
Compulsory Legal Representation: In specific cases involving patent rights, computer program copyright, trade secrets, appeals of second-instance court judgments, and rehearing proceedings, parties must appoint a qualified attorney as their legal representative. This requirement is a proactive measure to ensure a fair and competent representation.
Expert Trial Participation: Taiwan recognizes the significance of expert opinions in complex cases. The amended act expands expert participation in trials, drawing inspiration from Japan’s Patent Act. It enables courts to solicit opinions from individuals, institutions, or organizations beyond the involved parties, enhancing the quality and comprehensiveness of expert input.
Reforms in Patent and Trademark Remedy Cases: The amendments align with Taiwan’s shift from administrative litigation to civil litigation for patent and trademark remedy cases. This streamlines the process, eliminating the Taiwan Intellectual Property Office’s involvement and simplifying proceedings between the patentee or trademark owner and the disputed party.
Trial Effectiveness and Burden of Proof: To expedite IP litigation, the amended act allows courts to disclose technical examination officer reports, giving parties an opportunity to comment before a ruling. Moreover, it reduces the plaintiff’s burden of proof in infringement cases involving patent rights, computer program copyright, or trade secrets, while placing an evidentiary duty on the defendant.
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Zanon, M. J. (2023, September 9). Taiwan’s Evolving Intellectual Property Landscape: Recent Amendments to the Intellectual Property Case Adjudication Act.
Author: Marcus J Zanon – Attorney at Law