Search results - found 92
Amended Trade Secrets Act gets tougher on trade and industrial espionage (International reports)
The inadequacy of the Trade Secrets Act has been widely discussed, particularly in light of recent cases in which several former high-level executives of Taiwanese high-tech companies allegedly acquired technological secrets before leaving those companies and passing such secrets to competitors in mainland China. The government has now reviewed the act.
Criminal trademark enforcement applies to preparatory acts for infringement (International reports)
The Executive Yuan has approved a draft revision of the Trademark Law in order to meet the standards required to join the Trans-Pacific Partnership. The amendment will allow trademark owners to enforce their rights through criminal procedures against unauthorised uses of their registered trademarks on labels, tags, packaging or containers, even where these articles have not yet been applied to goods or services.
Warning letters must conform to Fair Trade Commission warning letter guidelines (International reports)
Two recent Taiwan Supreme Administrative Court decisions confirm that IP owners are required to follow specified preliminary procedures when issuing warning letters to assert rights or to request the cessation of infringement.
Patent Act amended for utility model applications and patents (International reports)
The Patent Act was recently amended in relation to utility model applications and patents and the exercise of utility model patent rights. The key change for patent applicants is the revision of Article 32 pertaining to a patent application for an invention and a patent application for a utility model filed in respect of the same creation by the same applicant on the same date.
Copyright Act to be revised (International reports)
The Executive Yuan recently passed a draft amendment to the Copyright Act. The draft amendment was proposed and drafted by the Taiwan Intellectual Property Office, passed to the Executive Yuan for review and modification, and has been sent to the Legislative Yuan for inspection and formal amendment through three successive readings.
New law gives privacy protection to individuals’ communications records (International reports)
The Taiwanese legislature recently amended the Communications Protection and Monitoring Act. Pursuant to the amendment, a prosecutor must obtain an order from a competent court in order to gain access to an individual’s communications records and identification information stored by a telecommunications service provider or an internet service provider.
Taiwan decriminalises specific types of secondary use of works (International reports)
The Legislative Yuan has amended the Copyright Act in order to decriminalise certain specific types of secondary use, with the intention of improving the stability of the licensing market. In addition, the Copyright Collective Management Organisation Act has been promulgated in order to simplify the royalty rates and organise collectors into a single group.
A big step forward in cross-strait IP rights cooperation and protection (International reports)
The Cross-Strait Agreement on IP Rights Cooperation and Protection was recently signed by the Taiwanese Straits Exchange Foundation and the Chinese Association for Relations Across the Taiwan Straits. Under the agreement, Taiwan will strengthen the cross-strait protection of IP rights under the principles of equality and reciprocity.
Court finds no privacy violation in employer’s email surveillance (International reports)
The Taiwanese High Court recently dismissed an employee’s tort privacy claim, finding that his employer did not infringe his privacy by monitoring his work email communications. The privacy dispute resulted from an alleged trade secret leak. However, it remains uncertain whether an employee’s online activities via employer-provided devices should also be subject to employer scrutiny.
Cross-Strait Medical and Healthcare Cooperation Agreement (International reports)
Following the ongoing trend of cross-strait cooperation, Taiwan and China have signed the Cross-Strait Medical and Healthcare Cooperation Agreement. The two countries have agreed to exchange and cooperate in regard to their systems and regulations, specifications, inspection technology and other related matters for pharmaceuticals across the strait.
Entrepreneurs urge closer IP protection cooperation between Taiwan and China (International reports)
During the recent negotiations between Taiwan and China over the bilateral investment agreement under the Cross-Strait Economic Cooperation Agreement regime, IP rights protection unexpectedly became a hot topic. Dissatisfied with the joint efforts of both governments, some Taiwanese entrepreneurs have urged the government to aim for closer cooperation on IP rights protection.
Grace period for invention patents and utility models extended (International reports)
A recent amendment of the Patent Act aims to encourage the disclosure and circulation of techniques and to provide applicants with an enhanced possibility of obtaining patent protection for disclosed inventions and sufficient time to prepare their patent applications.
Big changes will bring Taiwan’s Patent Law up to date (International reports)
In order to catch up with the rapid development of technology and changes regarding international IP rights, more than 40 articles of the Patent Law (approximately one-third of the law) are due to be amended. It is hoped that the amended law will improve efficiency and quality in patent applications.
IP Court clarifies whether online publication counts in patent spat (International reports)
The IP Court of Taiwan has handed down valuable guidance on when online information is deemed to have been published under the Patent Act. In particular, the court found that even limiting access to a network by a password or a payment is not enough to prevent “publication”, according to the act.
TIPC awards enhanced damages in trade secret misappropriation case (International reports)
The Taiwan Intellectual Property Court recently delivered its verdict in a trade secret misappropriation case involving know-how relating to lens manufacturing process technologies. The verdict and enhanced damages award mark a new chapter in Taiwanese trade secret litigation.
Taiwan IP Court invalidates basic patent for white LED (International reports)
Taiwan’s IP Court recently invalidated one of the fundamental patents for white light-emitting diodes, known as the ‘YAG' patent, due to a lack of inventive step. The court concluded that the evidence of prior art could allow a person with the relevant skills to recreate the patent invention.
Biotech Take-Off Plan and new rules (International reports)
Taiwan’s Executive Yuan announced its Biotech Take-Off Diamond Plan in 2009. The strategic plan is designed to strengthen trust in the infrastructure of IP protection through world-class expertise in integrating electronics and semiconductors, and to transform Taiwan into a regional hub for biotech research and development, manufacturing and operations.
Amendments to Trademark Law passed (International reports)
A major amendment of the Trademark Law has been passed by the Legislative Yuan and promulgated by the Presidential Office. The new Trademark Law is expected to take effect in mid-2012. As the Trademark Law was last amended in 2003, the amendment contains substantive revisions.
Supreme Administrative Court adopts strict standard in defining use of trademark (International reports)
Although Article 5 of the Trademark Law is intended to define use of a trademark, it fails to distinguish between the difference in use in the course of trade by the trademark owner and use as infringement by a third party.
Changes in judgment benchmarks for administrative litigation of trademark registrations (International reports)
According to past practice, in an administrative litigation regarding a trademark registration, if the law or factual situation changed before a decision was made, the new law would always be applied in the judgment. However, a recent judgment held that the choice of applicable law at the time of the judgment depends on whether the amended law is advantageous or disadvantageous to the applicant the courts should thus not always adopt the amended law by default in an administrative litigation regarding a trademark registration.
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