Wed, Jan 10, 2007 page3

• Legislature approves bills on IP protection, military communities

  • By Shih Hsiu-chuan / STAFF REPORTER
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  The task of providing legal protection for intellectual property (IP) in the country moved a step forward yesterday after the legislature passed a bill relating to trial proceedings specially designed for intellectual property cases.

  "The bill and an organic bill aimed at establishing intellectual property courts will have a major impact on legal protection for intellectual property," Democratic Progressive Party (DPP) Legislator Wu Bing-ray (吳秉叡) said.

  The organic bill of establishing intellectual property courts, however, is still under initial review in the legislature's Organic Laws and Statutes Committee.

  

  Democratic Progressive Party Legislator William Lai yesterday points to a table at a press conference in the legislature, urging Chinese Nationalist Party legislators to withdraw four amendments concerning the reconstruction of military communities, which he said would cost the government NT$1,49 trillion (US$45.5billion).

  PHOTO: SEAN CHAO, TAIPEI TIMES

  Legislative Speaker Wang Jin-pyng (王金平) said that the approved bill relating to IP trial proceedings would only be sent to the president for promulgation when the legislature passes the organic bill.

  The Judicial Yuan had said earlier that intellectual property courts were expected to be established in March after the two bills are enacted.

  A different case

  Speaking in support of the bill on the legislative floor yesterday, DPP Legislator You Ching (尤清) said that trial proceedings in intellectual property cases should be separate from that of other cases on the basis of peculiarities of intellectual property issues.

  "In trials of intellectual property cases, promptness is of equal importance as correctness. Establishing a trial system especially designed to deal with intellectual property rights disputes will contribute to both objectives," he said.

  In accordance with the approved bill, intellectual property courts will be equipped with examining attorneys possessing the know-how to assist judges in court.

  "As most judges might not be familiar with controversies relating to intellectual property issues, examining attorneys will be helpful in enhancing the credibility of their verdicts," Wu said.

  The approved bill stipulates that intellectual property disputes in the first and second instance of civil litigation, in the second instance of criminal litigation, and in the first instance of administrative litigation are under the jurisdiction of intellectual property courtss.

  Vice Minister of Justice Chu Nan (朱楠) has said that the ministry will establish a prosecutors' office -- under the Taiwan High Prosecutors' Office -- to take charge of cases related to infringement of intellectual property rights after the establishment of intellectual property courts.

  Separately, the legislature passed an amendment to the Statute Governing the Reconstruction of Weathered Military Communities (國軍老舊眷村改建條例) yesterday.

  The amended article requires contractors that undertake government urban renewal plans in the military communities compensate residents affected by the plans even if the houses were built without a license.

  Debate

  Some other amendments to the Reconstruction of the Weathered Military Communities, however, may face contentious debate in the coming days in the legislature.

  DPP legislators William Lai (賴清德) and Sandy Yen (莊和子) held a press conference urging KMT lawmakers to withdraw four amendments concerning the reconstruction of these communities, which they said would cost the government NT$1.49 trillion (US$45.5billion).

  "The government has spent NT$517.7 billion in reconstruction of army communities over the past nine years. It is unfair to spend another NT$1,49 trillion just to take care of the veterans who number about 500,000," Lai said.
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