Analysis of criminal cases regarding the new IPR laws

 

Title
Analysis of criminal cases regarding the new IPR laws
Author
Cheng-Chiou Teng
Keywords
new Trademark Law, new Copyright Law, new Criminal Procedure, practical issues, issues of law
Abstract
IPR laws are supervised by the Ministry of Economic Affairs as part of the
laws of economics. The Intellectual Property Office of the Ministry takes the
responsibility to amend the laws when necessary but usually without the
participation of judges. Even so the courts handle the criminal cases when people
are accused of crime involving IPR infringement. Because judges lack
information regarding the original intent of the legislation, judges have
difficulties to find an exact application of the new laws. Furthermore, with the
impact of the recent amendment of criminal procedure code judges not only have
to adapt to new structures of the IPR rights but also to comply with the new
procedure regulations to make sure that the bench has an exact way to question
the parties, define the issues of law and facts, and choose the appropriate experts
to help the court make a decision. Based on the recent amendments both of
trademark law and copyright law and his trial experiences, this article written by
an IPR court judge of the Taiwan High Court analyzes some issues from a
practical perspective and from the legislature side and tries to give his own
opinions in order to benefit the bench and lawyers when facing the problems of
IPR criminal cases.
Abstract Article

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