New System of Trade and Patent Administrative Litigation Special Report

New System of Trade and Patent Administrative Litigation Special Report

 

Title
New System of Trade and Patent Administrative Litigation Special Report
Author
Kuo-Cheng Chen
Keywords
trade, patent, administrative litigation, new evidence, intellectual property
Abstract
Intellectual Property (IP) Court is planed to be established in March 2007 in
Taiwan. Reviewing the draft of IP Court Organic Law and the draft of IP Trial
Laws published by Judicial Yuan, it is clear that the paragraph Ⅰof Article 33 of
IP Trial Law will become the most influential factor in IP trials. Under the current
law, the administrative courts are not required to consider the new evidences the
party submitted based on the same reason to revoke or repeal trade mark right or
patent right after the decision made by the IP Office. However, according to the
draft, those evidences should be taken into consideration by IP Court before the
conclusion of oral proceedings at trials. The new law will change IP trials crucially.
This report wants to introduce this change and evaluate how it will influence
the legal system. By comparing the two systems and pointing out the differences,
this report wants to provide a general understanding of the drafts as well as
the new changes for IP practitioners.
Abstract Article

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