Executive Yuan approves bill to amend Intellectual Property Adjudication Act

Taiwan’s Executive Yuan has approved a bill to amend three articles of the Intellectual Property Adjudication Act (IPAA). The bill was drafted based on recommendations by the Judicial Yuan’s Committee on Trial Procedures for Intellectual Property Cases.

In addition to some minor technical changes, the bill clarifies that Technical Examination Officers may “provide assistance” in  precautionary proceedings and enforcement proceedings. IPPA §4.  Precautionary proceedings are proceedings for remedies including preliminary injunctions and attachment. The current language of Article 4 limits the  role of Technical Examination Officers to assisting the court in investigating evidence to preserve it and was silent on whether they had any role in enforcement proceedings.

The bill also establishes the appellate jurisdiction of the Intellectual Property Court over criminal violations of  orders to preserve the confidentiality of trade secrets.

Following approval by the Executive Yuan, the bill was sent to the Legislature for consideration. If enacted, the bill will be the first amendment to the IPAA since it took effect in 2007 just before the establishment of the Intellectual Property Court.