我國智慧財產法院之理想與實現

Abstract

本文針對我國智慧財產法院將於民國九十六年三月起開始運作，現正展開法官遴選及培訓工作等籌設之近況予以說明，並由外國文獻國際律師公會智慧財產與娛樂委員會於去年六月間對全球智慧財產法院或專業法庭之調查報告介紹不同之法院架構及思維。 再由設立專業法院之優劣比較分析而回顧我國現行司法二元制及法官缺乏科技專業背景所帶來之困擾以及智慧財產法院設立之思路歷程與筆者曾經給予之建言；另就草案中智慧財產法院之理想與實現逐一檢視，最後仍在展望未來中建議必要之配套措施，以助智慧財產法院之圓滿成功。

The Taiwan Intellectual Property Court, due to begining operation in March, 2007, is in the planning stage of selecting and training judges. This article presents an overview of its current status and an introduction to the different court structures and concepts from a survey conducted in June, 2005, by the International Bar Association’s Intellectual Property and Entertainment Law Committee on “International Survey of Specialized IP Courts.” Issues and problems on the existing Taiwan’s dual litigation system and the lack of technical and professional backgrounds of its judges are examined through a comparative and analytical review of the advantages and disadvantages of professional courts. A review of the IP Court establishment process and suggestions that the author has contributed along the way, as well as how each goal set forth by the IP Court is being carried out are also reviewed. This article concludes with suggestions on complimentary measures for the sound functioning of the IP Court system.