A Study on Preliminary Injunction Order in Invention Patent Infringement Disputes

• Main Authors: Chen, Tsai-Yu, 陳彩瑜
• Other Authors: CHEN, CHUNG-SHEN
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/12239249148998227035

碩士 === 國立臺北大學 === 法律專業研究所 === 93 === In recent years, High-Technology Industries are highly developing in Taiwan and trade transaction between Taiwan and other countries is becoming closer. Most domestic companies begin to pay more attention to the relevant stipulations of intellectual property and court precedents. Especially, under the tendency that the domestic companies have changed their business model from Original Equipment Manufacturing (OEM) to Original Design Manufacturing (ODM), and further developed their own brands, the relationship between Taiwanese companies and international companies is transferred from cooperation to competition. As a result, there are more foreign patentees pursuing patent infringement litigation in Taiwan in recent years than before. Preliminary injunctive relief was introduced into our legal system at the time of the first draft of the Code of Civil Procedure (“the Code”), but there was only one clause then. Since there was no clear stipulation set forth in the Code, the entire concept of preliminary injunctive relief was built up through accumulation of academic discussions and court precedents in the past years. Until the amendment to the Code in 2003, many provisions related to preliminary injunctive relief were included. The application of preliminary injunctive relief even becomes the most important outpost of patent battles in Taiwan, and gives rise to broad discussion in both academic and practice circles. On the other hand, intellectual property has been developing in the United States for more than two hundred years, and one of the U.S. courts issued a pioneer preliminary injunction order in the patent case more than twenty years ago. In view of this, if we can find out the injunctive relief procedure used in patent infringement cases from observing the historical trace of the U.S. legal system, we may examine judgments and verdicts issued by Taiwanese courts to provide appropriate opinions to ones who make researches of the Taiwan patent system or patent infringement litigation and seek future direction of our legal system as well. There are six chapters in the present thesis. Chapter One is an introduction to the study purpose and study scope of this thesis. Chapter Two is a general description of establishment of invention patent infringement, which includes topics on how to determine an infringement to invention patents, types of patent infringement, and patentee’s legal basis for demanding the removal of the infringement, demanding the prevention of any threat of infringement, and damages claim. Chapter Three is a discussion on the injunctive relieves in patent infringement cases under the U.S. legal system, mainly containing analyses on the meaning, requirements, examination procedure, effects, stay pending appeal, and repeal of preliminary injunctive relief based on academic discussions, court precedents, Patent Act, and Federal Rules of Civil Procedure. Chapter Four further discusses the injunctive relieves in patent infringement cases under Taiwan legal system, detailing the meaning, requirements, examination procedure, execution, and concurrence of preliminary injunctive relief. Chapter Five includes a review on the verdicts with respect to patent infringement issued by the Taiwan courts in recent years, and further provides opinions on some important issues through a comparative view, such as examination on substantive issues, requirements for issuing preliminary injunctive relief, security bond for supplementing insufficiency of explanation, right for both parties to state opinions before the court, allowance of counter bond, determination of the amount of security bond, and concurrence of preliminary injunction orders. Chapter Six summarizes the previous chapters and makes a brief conclusion.