The Study of Preserving Procedure on Patent Infringement Cases - Focused on Preliminary Injunction in Taiwan and Germany -

• Main Authors: Hsin-Ling Tsai, 蔡欣苓
• Other Authors: Yun-Ching Yeh
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/31859201228105291809

碩士 === 世新大學 === 法律學研究所(含碩專班) === 102 === A lot of international trade fairs are held around the world every year. For the purpose of expanding business and go with the tide, Taiwan enterprises certainly will not be absent. In these major trade fairs around the world, Germany is often deemed as a key platform for entering the European market, and two-thirds of global trade fairs are held in Germany in which is a popular place for the Taiwan exhibitors. However, the German patent right holders often file an prelim injunction to successfully cease and stop Taiwanese enterprises to sell the infringed products in Germany and even to seize the products in the fair tooth directly. Looking back to Taiwan, whenever the Taiwanese enterprises encounter intellectual property disputes, they will also file the injunction to prohibit the infringers from using, manufacturing, or selling the infringing goods, and as a consequence, the business opportunities are missed out. The nature of preliminary injunction in Taiwan and Germany are similar and they both used to temporarily adjust the law relationship. No matter in Taiwan or oversea, the legal action and the preserving procedure which can cease the continuous infringing action already briskly bring a significant impact on the reputation and business opportunities of the infringed parties before the main suit starts. In Taiwan, the threshold of obtaining the injunction order is high, and comparing to Germany, the requirements of obtaining the preliminary injunction is less stringent. This study mainly discussed the differences. In addition, with the upcoming European unitary patent and the unified patent court, how the injunction and the preserving procedure will be reformed in patent infringement cases will be also discussed.