The Study on Preliminary Injunction in Intellectual Property Infringement Cases-- Focused on The Procedure of Patent Infringement--

• Main Authors: Jung-Chu Lee, 李榮珠
• Other Authors: Hsin-Yi Huang
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/03803725640262169888

碩士 === 東吳大學 === 法律學系 === 98 === In a high-tech era, industries spend billions dollars developing various technologies. Those intangible intellectual properties are the valuable assents of the industries and need to be protected via patent laws and the judicial system. In Taiwan, when an infringement occurs, the patent owner usually files a lawsuit and applies “provisional remedies proceedings” under Taiwan Code of Civil Procedure, since the “provisional remedies proceedings” has the similar effect as an adjudicated final judgment. Therefore, “provisional remedies proceedings” becomes a popular method of business competition. The most common and powerful weapon for patent holder in the early stage of litigation is the preliminary injunction. This thesis focuses on following issues: 1. The nature of preliminary injunction in provisional remedies proceedings; 2. The adjudicative range and standard of preliminary injunction; and 3. Whether Taiwan Intellectual Property Court should have the exclusive jurisdiction over motions for the preliminary injunction in patent infringement litigation. In chapter 3, this thesis discusses the Intellectual Property Court in Taiwan and other countries. In chapter 4, this thesis analyzes cases before and after the amendment of Article 538 of Taiwan Code of Civil Procedure relating to “provisional remedies proceedings”. In chapter 5, this thesis discusses the preliminary injunction and Four-Part Test in U.S. And, in the last chapter, suggestions regarding to the above mentioned issues are provided.