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Chapter Law Content

Chapter One - General Provisions
Article 1
This Act is enacted for the purpose of protecting intellectual properties and related rights and interests through the establishment of a litigation system for the professional, proper, and expeditious adjudication of intellectual property cases.
Article 2
Intellectual property cases shall be adjudicated pursuant to this Act. For matters not provided for under this Act, the laws applicable to civil, criminal or administrative actions, as the case may be, shall govern.
Article 3
For the purposes of this Act, the IPCC denotes the Intellectual Property and Commercial Court; an intellectual property tribunal and a commercial tribunal denote respectively an intellectual property tribunal and a commercial tribunal of the IPCC.
For the purposes of this Act, intellectual property cases denote the following cases:
1. intellectual property civil actions
2. intellectual property criminal cases
3. intellectual property administrative actions
4. other cases over which the IPCC has jurisdiction, as designated by law or the Judicial Yuan
Article 4
For the purposes of this Act, "trade secrets" denotes the trade secrets defined in Article 2 of the Trade Secrets Act.
Article 5
Where there are technological equipment for the transmission of voices and images between the premises of a party, representative, officer, agent, advocate, assistant ad litem, intervener, witness, expert witness, appraiser, verifier, court interpreter, expert, or other related party to an action and the court, allowing the direct conduct of a trial, the court may, if it deems appropriate, hear the case using such equipment upon motion or ex officio.
In the circumstances in the preceding paragraph, the court shall first seek the opinions of the parties.
No appeal may be lodged if the motion in Paragraph 1 is denied.
In the circumstance in Paragraph 1, the venue of attendance specified on the date notification or summons shall be the premises where such equipment are located.
If a transcript or other documents are prepared during an action pursuant to Paragraph 1, and signatures are required, such transcript or documents shall be transmitted from the court remotely. After their contents are verified and they are signed, they shall be returned to the court via technological equipment. Such transcript or other documents have the same effect as having been signed.
The rules governing the trial described in Paragraph 1 and transmission of documents in the preceding paragraph shall be established by the Judicial Yuan.
Article 6
The court may, whenever necessary, order a Technical Examination Officer to perform the following duties:
1. ask questions or explain to the parties pertaining to factual and legal issues based on his or her professional knowledge, in order to clarify matters involved in the action
2. ask questions directly to witnesses, expert witnesses, or appraisers
3. state opinions on the case to the judge
4. assist in evidence-taking in the event of preservation of evidence
5. assist in injunctive procedures or compulsory enforcement procedures
6. assist with a verifier's verification
The court may order a Technical Examination Officer to compile a report on the results of his or her performance of duties, provided it may order that an interim report and a final report be made where necessary if the case is complicated.
A report compiled by a Technical Examination Officer may be disclosed in whole or in part where the court deems necessary.
Before any special professional knowledge already known to the court as provided by a Technical Examination Officer is adopted as basis for judgment, the parties shall be accorded an opportunity to present their arguments regarding such knowledge.
Article 7
Disqualification of a Technical Examination Officer shall, depending on the procedure he or she is involved in, be governed mutatis mutandis by the rules of disqualification of a judge as provided in the procedure concerned.