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Chapter Law Content

Chapter One - General Provisions
Article 1
Intellectual property cases shall be adjudicated pursuant to this Act. For matters not provided for under the Act, the laws applicable to civil, criminal or administrative actions, as the case may be, shall govern.
Article 2
The term "trade secrets" as used in this Act shall refer to the trade secrets defined in Article 2 of the Trade Secrets Act.
Article 3
Where there is technological equipment on the premises of the parties, representatives, agents, advocates, assistants ad litem, witnesses, verification experts or other related parties to an action, which equipment may enable the live transmission of voice and image of a trial, the court may authorize the use of such equipment upon motion or on its own initiative.
In the circumstances of the preceding paragraph, the court shall seek the opinions of the parties.
In the circumstances of the first paragraph, the venue of attendance specified on the date notification or summons shall be the premises where such equipment is located.
If a record or other documents are prepared during an action pursuant to the first paragraph, and the signature of the person being interrogated is required, such documents shall be transmitted from the court, i.e. interrogator, to the premises of the party being interrogated. After verifying the contents of the transcript and signing thereon, the party being interrogated shall telefax or transmit via other technological equipment the transcript to the court.
The rules governing the trial described in the first paragraph and transmission of documents in the preceding paragraph shall be established by the Judicial Yuan.
Article 4
The court may, whenever necessary, request 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 the professional knowledge, in order to clarify the disputes in action;
2. ask questions directly to witnesses or expert witnesses;
3. state opinions on the case to the judge;
4. assist in evidence-taking in the event of preservation of evidence; and
5. assist in injunctive procedures or compulsory enforcement procedures.
Article 5
Challenge of a Technical Examination Officer shall be governed mutatis mutandis by the rules of challenge of a judge as provided in the Code of Civil Procedure, Code of Criminal Procedure and Code of Administrative Litigation Procedure, as the case may be, depending on the nature of the action involved.