The impact of Technical Examination Officers on the Taiwan Intellectual Property Court

Abstract

The creation of a specialized Intellectual Property Court has changed the practice of intellectual property litigation in Taiwan. Established in 2008, the two most revolutionary changes presented by the Intellectual Property Court are the bringing together of civil, criminal, and administrative claims, as well as the provision for assistance from Technical Examination Officers (TEO). This article focuses on the impact of the introduction of TEOs and offers an analysis of this impact through documentary and qualitative research findings, exploring the role of technical examination officers in the Taiwan IP Court. This article looks at the operation of similar mechanisms in other IP Courts in the world, such as Germany, Japan, and Korea. The article then goes on to give an introduction to the function of the technical examination officers in the court and highlights the issue of the technical verification report. Subsequently, the author categorizes the views of different players in the IP court relating to the role of technical examination officers, summarizing that the Court believes in the existence of impartial technical truth. In the conclusion, the author provides an analysis of the setting of technical examination officers in the IP Court and suggests that it indicates the technical enclosure effect in relation to IP litigation expertise.