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Intellectual Property and Commercial Court

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IP Jurisdiction

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To unify legal opinions and to promote IP trial efficiency, IPC concurrently hears IP cases including 1) civil cases of the first and second instance, 2) criminal cases of the first and second instance, and 3) administrative cases of the first instance.

According to Article 3 of the Intellectual Property and Commercial Court Organization Act, the IP jurisdiction includes:

  1. Civil cases of the first and second instance:
    First instance and second instance of a civil action for the protection of intellectual property rights and interests under the Patent Act, Trademark Act, Copyright Act, Optical Disk Act, Trade Secrets Act, Regulations Governing the Protection of Integrated Circuits Configuration, Species of Plants and Seedling Act, and Fair Trade Act.
     
  2. Criminal cases of first and the second instance:
    Offenses under the following:  
  • Articles 253, 254, 317 and 318 of the Criminal Code, violation of the Trademark Act, Copyright Act, Trade Secrets Act, Paragraph 1, Article 72 and  Article 74 of the Intellectual Property Case Adjudication Act, and appeals against the decisions on criminal actions rendered by district courts in the first instance in an ordinary, summary, or plea bargain proceeding.
  • The first instance criminal cases involving Article13-1 to 13-4 of the Trade Secrets Act.
  • The second instance criminal cases involving the Trade Secrets Act.
  • The first instance criminal cases involving Article 8 of the National Security Act about trade secrets of national core key technologies.

          However, criminal actions involving juveniles shall be excluded.

      3.Administrative cases of the first instance:     
         First instance of an administrative action and a compulsory enforcement action concerning intellectual property rights under the Patent Act, Trademark Act, Copyright Act, Copyright Collective Management Organization Act, Optical Disk Act, Regulations Governing the Protection of Integrated Circuits Configuration, Species of Plants and Seedling Act, and Fair Trade Act.

      4.Others:
         Other cases prescribed by law or determined by the Judicial Yuan to be within the jurisdiction of the Intellectual Property and  Commercial  Court.

  • Release Date:2021-07-01
  • Update:2023-08-29
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