A Study of Issues Related to the Invalid Determination of Patent Rights in Patent Infringement Litigation

• Main Authors: Shih-Hung Lin, 林士弘
• Other Authors: Dennis Y.H. Tsai
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/37655372932968546104

碩士 === 雲林科技大學 === 科技法律研究所 === 98 === Since the court was established in compliance with the Intellectual Property Organization Act promulgated on March 28, 2007 in Taiwan, and the I.P.-related cases are mainly heard in accordance with the Intellectual Property Case Adjudication Act, effective July 1, 2008, the protection of I.P. in Taiwan is turning into a new page with the rule of Article 16 of the Intellectual Property Case Adjudication Act: When a party claims or defends that an intellectual property right shall be cancelled or revoked, the court shall judge based on the merit of the case, the Code of Civil Procedure, Code of Administrative Litigation Procedure, Trademark Act, Patent Act, Species of Plants and Seedling Act, or other applicable laws concerning the stay of an action . The defender related to patent infringement litigation can possibly claim the related patent right is invalid under the new evidence, and the Judges will take the application into consideration, and make a decision whether the related patent right is valid or invalid before patent infringe judgment. The purpose of this research is to compare and contrast the possible consequence of the new Act effective in Taiwan by collecting the theories and suggestions from experts. This research is also going to study the current judgment system of patent rights in U.S. and Japan, especially for the foundations of legislate about to the validity of patent rights and the different between Taiwan and U.S. or Japan. Base on said researches, this study provides some suggestions and conclusions for Taiwan patent litigation system and the relationship between the patent rights competent authority- TIPO and the Intellectual Property Court within the submission.