The Executive Yuan Council today improved a draft amendment to Articles 4, 19 and 23 of the Intellectual Property Case Adjudication Act to increase intellectual property protection. The Executive Yuan and Judicial Yuan will jointly send it to the Legislature for deliberation.
The Judicial Yuan writes that an amendment to the Trade Secrets Act, which is one link in the legal system governing intellectual property, was promulgated this January 30 to establish criminal liability and penalties for the infringement of trade secrets. To professionalize the identification of trade secrets, the Intellectual Property Case Adjudication Act must be amended as well, it says.
The major points of said amendment are as follows:
1. A Technical Examination Officer may provide assistance in an evidence preservation procedure or compulsory execution procedure. (Article 4)
2. The establishment of a court for first instance and second instance civil actions on intellectual property is nullified. The following is stipulated: an appeal or protest of the decision of a court of first instance on a civil action related to intellectual property may be made to the Intellectual Property Court, which has jurisdiction. (Article 19)
3. Violations of this Act's command to keep trade secrets as well as criminal cases listed in the Trade Secrets Act are defined as criminal intellectual property cases. (Article 23)