To provide a more professional and rigorous hearing system while considering the efficiency of relief processes, TIPO has revised the Operation Directions on Hearings for Trademark Dispute Cases based on the Administrative Procedure Act, Regulations Governing Court's Handling of Remote Interrogation in Intellectual Property Case, and other relevant laws. These revisions will serve as the basis for case examination.

Key revisions include:

I. To strengthen the adjudicative functions of the hearing process, it is stipulated that trademark dispute cases undergoing hearings must be examined by a panel of at least three examiners (Point #3).

II. Provisions have been added to allow preparatory hearings based on the complexity of the cases (Point #5).

III. Hearings should be conducted orally and publicly; however, if conducted in public would harm the public interest or cause significant damage to the parties, the grounds for requesting a non-public hearing are specified (Point #6).

IV. It is specified that if the hearing date or location is changed, the hearing is canceled, or examiners are replaced, the notification and announcement procedures must be reenacted (Point #6).

V. The presiding officer may convey his or her legal opinions on factual, legal, and evidentiary issues to an extent appropriate on the case in due course (Point #8).

VI. It is stipulated that hearings may be conducted via remote video conferencing, and the methods and legal effects of signing and sealing hearing records are specified (Points #9 and #12).

• Publish Date : 2024-08-17
• Update : 2024-08-17
• Organization : International Legal Affairs Office
• Visitors : 144