Crossing the Justice Gap between Substantive Justice and Procedural Justice: An Example of Patent Disputes Resolution in Taiwan's High-Tech Industries

With the trend towards knowledge based economies and globalization, knowledge innovation is updating and changing every minute. As a result, technology related to intellectual property rights, management and legal protection mechanisms have become the core of business competition. However, because legal systems are unable to catch up with the speed of industry, intellectual property rights are being improperly used as tools of competitive business strategy. This further creates a constant imbalance in the legal system. Today, Own Brand Manufacture (OBM) has always relied on the strength of its huge amount of capital and patenting techniques to force other competitors (Original Equipment Manufacturer, OEM and Original Design Manufacturer, ODM) out of the market, it is using warning letters, injunction orders, and lawsuit as one of its business strategies. Actually, the methods mentioned above may not only violate the core idea of patent system but may be against the competition of the free market. In order to explore the point of long-term equilibrium under the coordinate axis of the substantive justice and the procedural justice curve, and this paper is using demand and supply and time series as an analytical framework to predict the relationships between binding power and legal effectives in the element of time variable, according to the warning letter, injunction order, arbitration and lawsuit.