萬國法律事務所

On May 7, 2007, the Judicial Yuan estab-lished the Patent Administrative Litigation (PAL) Council to assist the public and judiciary in effectively and efficiently resolving disputes on patents.  The PAL Council will be comprised of experts from various fields such as biotechnology, nanotechnology, photonics, electronics, and other technological disciplines. 

As patent disputes proliferate to test traditional legal and national boundaries, already complex disputes are further complicated by the rapidly changing scientific and patent rights landscape.  Unlike traditional property law with extensive jurisprudence, patent disputes often delve into uncharted legal and technological terrain.  To assist judges in ensuring fair, proper and timely resolution of patent disputes, the PAL Council will serve as scientific navigators and an extra-judicial resource offering independent opinions and assisting in assessment of factual evidence.  The ultimate decision-making powers however, remain with the judiciary.  The PAL Council will in no way decide on the substantive outcome of disputes.

The PAL Council is established to comple-ment other recent legislative developments in the IPR field, notably the Act for the Hearing of Intellectual Property Cases, the Intellectual Property Court Organic Act and the IP Case Proceeding Act promulgated between January and March, 2007.