The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

 

Title
The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report
Author
Chun-Hsien Chen
Keywords
empirical study, patent invalidity, patent litigation, dual approaches of public law and private law
Abstract
In the past, the defendant of intellectual property (IP) litigation cannot raise
the defense of patent invalidity in the civil litigation. The defendant can only file an
invalidity action against the IP at issue. Such judicial system design delays the proceeding
of the civil litigation of the IP infringement. The IP Court is proposed to be
established in 2007. The establishment of the IP Court will change the current court
proceeding of the intellectual property litigations tremendously. The core structure
of establishment of IP Court is based on the “IP Court Organic Law” and “IP Trial
Law.” The IP Trial Law has been passed by the Legislative Yuan on January 9,
2007 and the IP Court Organic Law has been passed by the Legislative Yuan on
March 5, 2007. Paragraph 1, Article 16 of the IP Trial Law states that “the Court
shall determination the intellectual property invalid defense raised by the defendant.”
This Article will change the dual approaches of the public law and the private
law in our current legal system and will create great impacts on both parties of
the intellectual property litigation. This report would like to introduce and analyze
this new court proceeding design and provide useful analysis and suggestions with
respect to this new development.
Abstract Article

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