Taiwan Supreme Court Confirms Whether Infringer Has Right to be Heard When Executing Preventive Procedures

摘要

To achieve the purpose of debt security, patentees often adopt various preventive measures when exercising their rights. Such measures include the application for a provisional attachment order - which freezes the infringer's assets to avoid transfer of property and secures the compensation claim in the future - or the application for a preliminary injunction order - which prohibits the infringer from continuing to produce or sell the infringing products, thereby avoiding further damage to the patentee. The patentee may also apply for evidence preservation of important evidence relating to the infringement or the damage caused to prevent the evidence from being altered, destroyed or lost. The evidence reserved may facilitate a patentee's evaluation of the situation and achieve the objective of preventive litigation.