Practice Areas | Legal Enforcement | Q & A
A. The court system 1. When are disputes heard by the national patent office?
When the disputes involve patentability, validity of a granted patent and compulsory license, the disputes are heard by the national patent office, namely, Taiwan Intellectual Property Office (TIPO).
A. The court system 2. Where are the trial courts (centralised or regional)?
In principle, the Intellectual Property Court (the IP Court) is the centralised trial court of the first and second instances of patent-related civil cases, and is the first instance trial court of patent-related administrative cases. In Taiwan, all patent-related cases are either civil cases or administrative cases.
A. The court system 3. Are validity and infringement trials heard together?
Yes, validity and infringement matters are heard together in a patent litigation case. In cases where defendants raise the issue of invalidity as a defense, the IP Court shall rule independently on validity issues, regardless of whether or not the defendant has separately filed invalidation action against the patent at issue with TIPO. In other words, the IP Court will not postpone the proceeding to wait the related administrative decision on patent validity made by TIPO.
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