For the purpose of enhancingintellectual propertyright protection and the legal enforcement, the Legislative Yuan has passed an amendment to the Intellectual Property Case Adjudication Act on May 20, 2014 (hereinafter "the amendment").The amendment focuses on three following aspects:
I. Enhance the Protection for Trade Secrets:
In view of the difficulty in the collection of evidence in a civil case involving trade secretsmisappropriation, the amendment to the Intellectual Property Case Adjudication Act empowers the Court to order the opposite party to make a substantial reply on reasons of denial, when a party has clearly enunciated the facts of alleged misappropriationof its trade secrets or the likelihood of suchmisappropriationbutthe alleged facts are denied by the opposite party.If the opposite party fails to reply at the expiry of the specified term, the Court may consider what enunciated by said party is true, depending on actual circumstances.
II. Expand the scope of duty for technical examination officers:
In order to expand the professional efficiency of technical examination officers and effectivelyresolve IP disputes, the amendment stipulates that a technical examination officer may provide assistance during the procedure of preservation of evidence or in the enforcementprocedure, in addition to the original scope of duty prescribed in the Intellectual Property Case Adjudication Act.
III. Modify the provisions on the jurisdiction of Intellectual PropertyRight cases:
The amendment further stipulates that an appeal against the judgment of the first instance regarding an intellectual property civil action shall be filed with the competent IP Court. In addition, any actioninvolving violation of the order to preserve confidentiality or violation of the Trade Secrets Act shall be an intellectual property criminal action.