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

Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Kilpatrick’s managing partner for San Francisco discusses taking the longer route to partnership, the importance of female mentors, and strengthening office culture
Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Gift this article