1 Legal framework
1.1 Which laws and regulations govern patent litigation in your
jurisdiction?
With regard to procedural issues – such as the burden of
proof, jurisdiction and evidence – the applicable laws
are:
- the Code of Civil Procedure; and
- the Intellectual Property Case Adjudication Act.
With regard to substantive issues – such as patentability,
infringement and damages – the courts apply the Patent
Law.
1.2 Which bilateral and multilateral agreements with relevance
to patent litigation have effect in your jurisdiction?
While Taiwan is not a member of the Patent Cooperation Treaty,
it is a member of the World Trade Organization. As such, the
Agreement on Trade-Related Aspects of Intellectual Property Right
(TRIPS) is applicable; and it has been one of the driving forces
that have shaped Taiwan's IP policies and amendments to the
Patent Law. In practice, when interpreting the statutory language,
the Taiwan courts sometimes refer to TRIPS for
