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

Cookies Settings

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

A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Gift this article