TIPS^®  Taiwan Intellectual Property Special

Feature

Preliminary Injunction available

A “pre-suit injunction” may be filed before an infringement suit in order to provide preliminary injunctive relief in patent infringement cases. The 2008 amendments also require that a party requesting a preliminary injunction shall post a bond. If no bond is posted, then the motion will be denied. The time requirements, however, have not changed. The court must make a ruling within 48 hours if the request meets the procedural requirements, and a patentee must initiate an infringement action in the courts within 15 days of the issuance of the injunction. If the petitioner makes a mistake in the motion for preliminary injunction, the petitioner is responsible for any loss sustained to the respondent (Article 66).