A Study on Anglo-American Equity Law Applied to Litigation and Arbitration in Taiwan's Patent Dispute Solutions

A Study on Anglo-American Equity Law Applied to Litigation and Arbitration in Taiwan's Patent Dispute Solutions

Influenced by globalization trends, legal regulations and dispute resolutions are converging under the influence of WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The formation of transnational law has since developed. Whether the national legal system can be effectively integrated into transnational law and whether the public support of its outputs can remain dynamically balanced are critical issues facing modern countries. Since this paper aims to analyze patent dispute solutions in Taiwan’s high tech industry, this research uses the patent equity of Anglo- American law to explore whether it is possible for a Taiwanese arbitration court to cite equitable arbitration in the future, as well as to discuss whether Taiwan’s IP court can cite the judge-made laws of US state supreme courts. This approach may lead to the creation of a theory on patent equity for legal proceedings. To investigate the possibility that Taiwanese arbitration courts will be able to quote the applicable laws concerning Anglo-American law in equality law (Amiable Composition), this paper uses document analysis as its research method. In addition, the possibility that the Taiwan Intellectual Property Court will be able to create sub-principles of patent equity in accordance with judge-made laws from the US Federal Supreme Court will be investigated herein.