Taiwan: Grand justices issue interpretation concerning doctrine of recusal

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Taiwan: Grand justices issue interpretation concerning doctrine of recusal

Taiwan's Council of Grand Justices issued Interpretation No 761 on February 9 2018, addressing the issue of whether or not judges and technical examiners at the Intellectual Property Court (hereinafter referred to as IP Court) are obliged to abide by Article 19.3 of the law on administrative litigation. According to this Article, after a judge has participated in hearing a civil action that is related to an administrative litigation action filed subsequently, they must abstain from taking up adjudication of the administrative litigation action.

Taiwan has a dual litigation system. Civil litigations are adjudicated by forums with civil jurisdiction while administrative litigation actions are heard by forums with jurisdiction over administrative litigation actions. To avoid the risk that a judge may prejudge an administrative litigation action after hearing a related civil litigation case, the Administrative Litigation Act mandates that a judge in charge of a civil action for patent infringement should take the initiative to abstain from ruling on a related administrative litigation action, for example, an action filed by the infringer against a decision rendered by the IP Office in favour of the patent owner.

The stringent doctrine of recusal was relaxed in tandem with the implementation of Article 34.2 of the Intellectual Property Case Adjudication Act. As expressly indicated in the legislative notes presented during the legislation process of the Adjudication Act, due to the sophisticated nature of intellectual property cases, whenever there are civil, criminal or administrative litigation cases relating to the same intellectual property right, all these cases can be referred to the same judge for adjudication in order to maintain consistency in judgment. By relaxing the doctrine of recusal, the Adjudication Act purports to maintain consistency in judgment and solve the dispute more efficiently in situations in which a patent owner files a civil action for patent infringement with the civil panel of the IP Court and the alleged infringer takes a counter-measure by filing an invalidation action with the IP Office which then proceeds to the stage of administrative litigation. The administrative panel of the IP Court has jurisdiction over this. It is also stipulated in the Adjudication Act that the doctrine of recusal applies not only to judges but also to technical examiners.

The Council of Grand Justices has respect for the legislative spirit of the Adjudication Act. Interpretation No 761 was released by the Council embracing the belief that some relaxation of the doctrine of recusal as stipulated in the Adjudication Act conforms to constitutional law.

Sumin Lai


Saint Island International Patent & Law Offices7th Floor, No. 248, Section 3Nanking East RoadTaipei 105-45, Taiwan, ROCTel: +886 2 2775 1823Fax: +886 2 2731 6377siiplo@mail.saint-island.com.twwww.saint-island.com.tw

more from across site and SHARED ros bottom lb

More from across our site

After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Gift this article