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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 15:25
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Chapter Law Content

Chapter Three - Intellectual Property Criminal Procedure
Article 54
The district court has jurisdiction over the criminal cases in the main text of Subparagraph 2, and Subparagraph 4, of Article 3 of the Intellectual Property and Commercial Court Organization Act.
The court of first instance regarding criminal cases that involve trade secrets is governed by the following subparagraphs but not the preceding paragraph:
1. An intellectual property tribunal of first instance has jurisdiction over cases concerning the offenses in Articles 13-1, 13-2, Paragraph 3 of Article 13-3, and Article 13-4 of the Trade Secrets Act.
2. An intellectual property tribunal of second instance has jurisdiction over cases concerning the offenses in Paragraphs 1 to 3 of Article 8 of the National Security Act.
Jurisdiction over other criminal cases which arise out of the same offense in trial as in Subparagraph 1 of the preceding paragraph or that are related as in Subparagraph 1 of Article 7 of the Code of Criminal Procedure and over which the district court has first instance jurisdiction shall be exercised by an intellectual property tribunal of first instance if those cases have been prosecuted independently or together by the prosecutor.
A motion for compulsory measures during an investigation of a case as in Subparagraph 1 of Paragraph 2 shall be filed with the district court of the location where the offense is committed or the accused is domiciled, resides, or is located.
Article 55
Where a dossier or an exhibit involves trade secrets, the court may hold a non-public trial upon motion filed by a party or an interested party.
Where dossier documents or evidence involves trade secrets, the court may set limits on the review, transcription, videotaping, or otherwise transcription of such dossier documents or evidence upon motion filed by a party or an interested party or ex officio.
The scopes and methods etc. in regard to a non-public trial held by the court and the review, transcription, videotaping, or otherwise reproduction of dossiers and exhibits, as mentioned in the preceding two paragraphs, are determined by the Judicial Yuan in conjunction with the Executive Yuan.
Article 56
Where a dossier or exhibit of a trade secret criminal case or a supplemental civil action thereof involves a trade secret of a party or an interested party which is a method for proving or making a preliminary showing of a fact of an offense or of damages, the party or interested party may file a motion with the court for determining a de-identified pseudonym or code before the first trial date, save in special circumstances.
The motion in the preceding paragraph shall specify the following expressly in writing:
1. the trade secret that shall be de-identified
2. the wording for the pseudonym or code
3. that disclosure of the trade secret in Subparagraph 1 during the proceedings is likely to impair any business activity which a party or an interested party conducts based on such secret
The court shall accord the persons concerned an opportunity to be heard before rendering a ruling as in Paragraph 1.
The court shall overrule by a ruling a motion as in Paragraph 1 if it finds the motion fails to comply with legal formality or shall not be granted as a matter of law or is meritless, provided that where such failure to comply with legal formality is amendable, the court shall order an amendment to be made within a prescribed time limit.
The court shall allow before the first trial date a motion as in Paragraph 1 if it finds the motion meritorious, save in special circumstances.
No interlocutory appeal may be filed against a ruling as in the preceding two paragraphs.
Article 57
An appeal or interlocutory appeal against a judgment which an intellectual property tribunal of first instance renders on a case as in Subparagraph 1 of Paragraph 2 of Article 54 in summary proceedings shall be filed with the collegiate bench of an intellectual property tribunal of first instance.
Paragraphs 2 and 3 of Article 455-1 and Part IV of the Code of Criminal Procedure apply to the circumstance in the preceding paragraph mutatis mutandis.
Article 58
An appeal or interlocutory appeal against a judgment of the first instance rendered by a district court in an ordinary proceeding, summary trial proceeding, or bargaining process on a case as in Paragraph 1 of Article 54 or a case entertained by an intellectual property tribunal of first instance shall be filed with an intellectual property tribunal of second instance. The same applies to an interlocutory appeal requesting review of a ruling on compulsory measures which the district court renders during investigation in a case as in Paragraph 1 or Subparagraph 1 of Paragraph 2 of Article 54.
The preceding paragraph applies to the other criminal cases associated with the cases in Paragraph 2 of Article 54 and prescribed by Paragraph 1 of Article 7 of the Code of Criminal Procedure , and that have been tried jointly in the district court and subjected to appeal or interlocutory appeal jointly. Notwithstanding, an intellectual property tribunal of second instance may by a ruling consolidate the cases and transfer them to the competent High Court provided that the other criminal cases are more serious and are complicated.
An interlocutory appeal may be filed against the ruling in the preceding proviso.
Article 59
The transferee court in the proviso in Paragraph 2 of the preceding article shall stay the proceedings by a ruling and request the Supreme Court to designate the court with jurisdiction if the first-mentioned court finds jurisdiction disputed, unless an interlocutory appeal has been filed by a party in accordance with Paragraph 3 of the preceding article and found meritless by the Supreme Court.
The Supreme Court shall overrule by a ruling the request in the preceding paragraph if it finds the transferee court has jurisdiction, and shall designate the court with jurisdiction over the case if it finds the transferee court has no jurisdiction.
The designated court in the preceding paragraph shall be bound by the ruling by which it is designated.
The Supreme Court may not reverse a judgment on the principal case of a transferee court or designated court on a case on the grounds of lack of jurisdiction when such judgment is appealed.
Article 60
A transferee court may reverse a ruling to stay the proceedings as in Paragraph 1 of the preceding article upon motion or ex officio.
A transferee court shall give prompt notice to the Supreme Court after rendering a ruling as in the preceding paragraph.
A transferee court is deemed to withdraw its request for designation when its ruling as in Paragraph 1 becomes conclusive.
Article 61
A trial court shall take necessary measures upon motion or ex officio if there exist emergent circumstances before it transfers an action or renders a ruling as in Paragraph 2 of Article 59.
An action is deemed pending before a transferee court ab initio when the ruling by which said action is transferred becomes conclusive.
A court clerk as in the preceding paragraph shall enclose an authenticated copy of the ruling in the dossier to be delivered to the transferee court.
Article 62
An appeal or interlocutory appeal against a judgment of an intellectual property tribunal of second instance shall be filed with the Supreme Court in accordance with the Code of Criminal Procedure unless otherwise stipulated.
The Supreme Court in the preceding paragraph shall apply the procedure of third instance and establish a special tribunal or special division.
Article 63
In regard to a supplemental civil action in which a case as in Paragraphs 1 and 2 of Article 54 is adjudicated, the plaintiff's suit shall be dismissed by a ruling, and Paragraphs 1 to 3 of Article 503 of the Code of Criminal Procedure apply mutatis mutandis, if prosecution in the relevant criminal action is dismissed by a ruling in accordance with Paragraph 2 of Article 161 of said code.
Except where the Supreme Court renders a judgment pursuant to Articles 508 through 511 of the Code of Criminal Procedure, the court shall try the supplemental civil action of a case concerning Paragraphs 1 and 2 of Article 54 by itself, and Paragraph 1 of Article 504, and the main text of the first part of Paragraph 1 of Article 511 of the Code of Criminal Procedure shall not apply. This provision shall not apply where a mistake in jurisdiction is pronounced and the case is transferred pursuant to Paragraph 2 of Article 489 of Code of Criminal Procedure.
A trial court transferring a supplemental civil action to a civil tribunal by a ruling in violation of Paragraph 1 or the main text of the preceding paragraph, or the Paragraph 1 of Article 502 or the main text of Paragraph 1 and Paragraph 4 of Article 503 of the Code of Criminal Procedure shall reverse said ruling ex officio within 10 days of the service of the ruling, or the ruling by which said action is transferred is deemed reversed if it is not reversed within the prescribed time limit, unless otherwise stipulated.
A ruling revered ex officio or deemed reversed as in the preceding paragraph shall be notified to the civil court of the transferee court.
The preceding two paragraphs do not apply when the civil tribunal of the transferee court in the preceding three paragraphs concludes the proceedings.
No appeal may be lodged against a ruling making a transfer as in Paragraph 3 after the ruling is reversed ex officio.
Article 64
An appeal or interlocutory appeal against a judgment on a supplemental civil action of the district court rendered in an ordinary proceeding, summary trial proceeding or bargaining process in a case as in Paragraph 1 of Article 54 or a case entertained by an intellectual property tribunal of first instance shall be filed with an intellectual property tribunal of second instance.
An appeal or interlocutory appeal against a judgment on a supplemental civil action of an intellectual property tribunal of first instance rendered in a summary proceeding in a case as in Subparagraph 1 of Paragraph 2 of Article 54 shall be filed with the collegiate bench of an intellectual property tribunal.
An appeal or interlocutory appeal against a judgment on a supplemental civil action of an intellectual property tribunal of second instance rendered in an ordinary proceeding, summary trial proceeding or bargaining process shall be filed with the Supreme Court in accordance with the Code of Criminal Procedure.
Paragraph 2 of Article 48 applies to the preceding paragraph mutatis mutandis.
Article 65
A supplemental civil action in a case as in Paragraphs 1 and 2 of Article 54 shall be decided with the criminal action at the same time. However, if necessary, it can be decided within 60 days after the judgment on the criminal action is rendered.
The provisions of Articles 436-2 through 436-5 of the Code of Civil Procedure shall apply mutatis mutandis to an appeal or interlocutory appeal filed with the third instance court against a judgment of the second instance in a supplemental civil action under a summary proceeding.
Article 66
The provisions of Paragraph 1 of Article 29, Articles 36 to 40, Paragraph 1 of Article 41, and Article 53 shall apply mutatis mutandis to a case in Paragraphs 1 and 2 of Article 54 or its supplemental civil action.
Article 49 applies mutatis mutandis to adjudication of supplemental civil actions on violations of the Trademark Act.
Provisions of the Code of Criminal Procedure governing participation in proceedings by victims apply mutatis mutandis to cases in Paragraphs 1 and 2 of Article 54.
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