Resolving Patent Disputes in Taiwan’s Mobile Phone Industry - A Comparative Analysis between Intellectual Property Arbitration and Litigation.

• Main Authors: Chin Lung Lin, 林金龍
• Other Authors: Wei Min Liao
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/60914973362028320488

碩士 === 國立中興大學 === 科技法律研究所 === 96 === With the emergence of high-tech industry, globalization, and its significance to Taiwan, “Economic Rationality” deserves attention in the current legal order. On the other hand, the advent of knowledge economy and globalization, the legal regulation and dispute resolution are converging under the influence of WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The formation of Transnational Law has since developed. Whether the national legal system can be effectively integrated into Transnational Law and whether the public support of its outputs can remain dynamic balanced, are critical issues facing modern countries. This study attempts to analyze the patent dispute solutions in Taiwan’s mobile phone industry by using System Theory, developed by Professor David Easton of University of Chicago, as a theoretical framework. External environmental factors include knowledge economy, globalization, and legal deregulation. Internal factors are characteristics pertaining to high-tech industry and patent dispute and economic rationality. This research also adopted the theory of Patent Equity and Judge-made Law to discuss the recent establishment of Intellectual Property Court in Taiwan and the possibility of introducing judge-made law to solve patent-related disputes under the emergence of knowledge economy and globalization. This study integrates legal study and management theory and adopts the following methods: descriptive statistics, comparative legal study, and legal economic analysis. Two major findings emerge from this research. First, arbitration generates more substantive justice than litigation which pursues mere justice, which fits the characteristics of hi-tech industries. Second, Taiwan’s Intellectual Property Court should cross apply Judge-made law to moderate legal justice and social justice under conditions of complying judicial principles and not threatening social order and morality and legal regulation, which will better respond to patent disputes involving Transnational Law, thereby fostering a rich judicial culture of intellectual property rights. This study provides insight for policy makers about developing proper legal remedies methods to promote Taiwan’s legal system, judicial system and science and technology law.