Practice Areas | Legal Enforcement | Q & A
B. Pre-action 1. Are there pre-action procedures for seizure and/or inspection of allegedly infringing products?
In Taiwan, criminal actions are not pursuable for patent infringement, and therefore criminal seizure and inspection are not available proceedings.
According to Article 522 of the Code of Civil Procedure, a patentee may apply for provisional attachment with regard to monetary claims or claims exchangeable for monetary claims for purposes of securing the satisfaction of a compulsory execution (enforcement).
A patentee may also apply for preliminary injunction order to stop any continuous sales and manufacture of the infringing products, according to Article 538 of the Code of Civil Procedure.
B. Pre-action 2. Are there pre-action procedures for obtaining information regarding alleged infringers?
No pre-action procedure is available for obtaining information regarding alleged infringers, unless the court grants an order of provisional attachment which may freeze the alleged infringer’s bank account or properties. To collect evidence with regard to patent infringement, a patentee needs to act by itself, such as hiring private investigators, purchasing infringing products and/or conducting technical assessment.
B. Pre-action 3. Is there any obligation to try to resolve a dispute before bringing proceedings?
No. There is no such an obligation.
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