Investigating Competition Cases In Taiwan: The Inquisitorial Principle And The Abuse Of Superior Bargaining Position

By Andy C. M. Chen

The value gained from implementing IPRs created by innovations or implementing those IPRs in collaboration with the IPRs licensed by innovators from other countries has significantly contributed to the economic development of Taiwan. However, the heavy reliance on IPRs has at the same time rendered Taiwan susceptible to IP arrangements that can evoke disputes over their
competitive impacts on various markets. This paper describes two major differences and re-examines their implications for reviewing IPR cases under competition law in Taiwan: procedural rules for administrative investigations founded upon the inquisitorial principle, and the theory of superior bargaining position rooted in the concept of addressing unequal bargaining power in business transactions.

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