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Legal Notice Provisions for the Intellectual Property Court (Civil Litigation Matters)

  • Publication Date:
  • Last updated:2021-01-28
  • View count:47

Appealable

If a party disagrees with this judgment, a written appeal petition shall be filed with the Court within 20 days calculated from the date of service of the judgement. If the reasons are not set forth in the appeal petition, a supplemental petition may be filed with the Court within 20 days after filing the appeal. (The number of the written copies thereof to be submitted shall all be the same as the number of opposing parties.) When an appeal is filed, a power of attorney retaining an attorney or a person qualified to act as an attorney shall be submitted; In retaining a person qualified to act as an attorney, the attorney’s certificate and the photocopy of the identification document making a preliminary showing that there is the relationship between the appointor and appointee specified under the Code of Civil Procedure, Article 466-1, the proviso of paragraph 1, or paragraph 2 (see the postscript for details) shall be additionally submitted. If the appeal is filed by a retained attorney, the court costs on the appeal shall be paid along with the filing.

Postscript:

The Code of Civil Procedure, Article 466-1 (paragraph 1 and paragraph 2)

Unless the appellant or his/her statutory agent himself/herself is qualified to act as an attorney, an appellant shall appoint an attorney as his/her advocate in the appeal from the judgment of a court of second instance.

In cases where the spouse, or a relative by blood within the third degree or a relative by marriage within the second degree to the appellant is qualified to act as an attorney, and in cases where the appellant is a juridical person or a central or local government agency and has a full-time personnel who is qualified to act as an attorney, such persons may act as the advocate for the appellant in the third instance if the court considers it appropriate to permit such appointment. 

Non-appealable

This case is not appealable.

Right to interlocutory appeals

A person who disagrees with this ruling shall file a written petition of appeal against the ruling to the Court within 10 days calculated from the date of service of this ruling, and the court costs of NTD1,000 on an appeal against a ruling shall be paid.

No appeals may be raised against the ruling.

No appeals may be raised against this case.

No appeals may be raised against the ruling. (A ruling granting a confidentiality preservation order)

No appeals may be raised against this case.

This confidentiality preservation order shall become effective upon being served to the counterparty thereto.

Right to re-appeals against rulings

No re-appeals may be taken from this ruling except that it is based on the ground that there is a manifest error in the application of law in such ruling. If a party files a re-appeal against this ruling, a written interlocutory re-appeal petition shall be filed with the Court by the attorney retained as the agent within 10 days calculated from the date of service of the ruling, and court costs of NTD1,000 on a re-appeal from a ruling shall be paid.

Partially not appealable and partially appealable against rulings

For the part that is granted for an appeal, no objection may be raised; for the part that is dismissed for an appeal, a person who disagrees with this ruling shall file a written petition of appeal against the ruling to the Court within 10 days calculated from the date of service of this ruling, and the court costs of NTD1,000 on an appeal against a ruling shall be paid.

Objectionable

If a party disagrees with this ruling, an objection to this ruling in writing shall be raised to the Court Administrator, within 10 days starting from the day following the service of this ruling.

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