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Border control measures: a new weapon against patent infringement (International reports)
Border control measures in Taiwan are undergoing a dramatic change. The new Regulation Governing the Detention of Suspected Patent-Infringing Goods by Customs gives patent owners a new and more effective weapon against patent infringement: they can now request detention of the infringing goods even before filing a patent infringement complaint with the court.
Increasing investment in the cultural and creative industries (International reports)
The Financial Supervisory Commission and the Ministry of Culture have announced a joint project to encourage investment in the cultural and creative industries in Taiwan. The project focuses on connecting the financial industry and the cultural and creative industries, and aims to increase loans from state-owned banks to the cultural and creative industries to at least NT$360 billion in the next three years.
TIPO guidelines on examining trademark contrary to public order or good morals (International reports)
The Taiwan Intellectual Property Office (TIPO) has recently rejected several trademark registration applications on the grounds that the trademarks were contrary to public order or good morals. In order to clarify the definition and provide a standard for applicants to follow, TIPO has now published the Guidelines for Examining Trademarks Contrary to Public Order or Good Morals.
"Show me the money": making end users pay for copyrighted works (International reports)
Of the three domains which govern mechanisms to make end users pay for using copyrighted works, contracts should be the first choice for copyright owners. The right contract can afford protection against infringement suits and ensure the proper allocation of legal risk.
Act sets out new regime for patent attorneys (International reports)
The Legislative Yuan has passed the Patent Attorney Act, which is due to come into effect early next year. The act will regulate the profession of patent attorney in Taiwan by establishing a national examination designed to test candidates on both their legal and technical knowledge of patent prosecution.
Trademark case is a warning for rights holders to act promptly (International reports)
Taiwan’s IP Court has issued a judgment regarding how to calculate when a right to compensation for trademark infringement expires. The case puts trademark owners on notice to initiate litigation as soon as possible once they become aware of a possible infringement.
Legislative amendment introduces administrative border control measures (International reports)
At present, the Patent Act provides no administrative border control measures for a patentee to seek the detention of infringing goods. However, in an effort to strengthen patent protection, the legislature recently amended the act to add four border protection provisions, which will take effect by the end of March 2014.
Accelerated examination now available for green-tech patent applications (International reports)
To encourage the development of green technologies, the Taiwan Intellectual Property Office has included green technology patent applications in the Accelerated Examination Programme (AEP). As of 1st January 2014, green technology patent applications are entitled to expedited examination if the applicant files an AEP request.
TIPO fuels debate between brand-name drug companies and generics (International reports)
In recent years, brand-name drug companies and generic drug companies have seriously debated whether the patent linkage system should be implemented in Taiwan. The fiery debate between the two sides was reignited over the summer, with the Taiwan Intellectual Property Office supplying the fuel.
New IP Laws in Taiwan (International reports)
As a signatory to GATT since 1992, and a WTO member since 2002, Taiwan has continuously revised its IP laws and regulations in order to keep in line with the global community. As the protection and exploitation of IP rights have profound business implications and involve greater complexities than other property rights, two new IP laws were passed recently to establish a specialized court for IP disputes.
Must a company name include identical wording to a trademark in order to infringe? (International reports)
Pursuant to a recent IP court decision, the wording in a company name need no longer be identical to a well-known trademark for the rights holder to claim that the company name infringes its well-known trademark. As the use of well-known trademarks as company names has become increasingly common, disputes between the owners of trademark rights and company names are also increasing.
Protection for well-known marks expanded (International reports)
Traditionally, the Taiwan Intellectual Property Office and the IP Court have held that there are different degrees of reputation and fame among so-called 'well-known' trademarks and that owners of such marks which seek protection against trademark dilution must show that their marks enjoy a particularly strong reputation and a high degree of fame. However, the Supreme Administrative Court has rejected this view.
New experimental-use exemption builds a more level playing field (International reports)
Previously, the experimental-use exemption doctrine in Taiwan was very narrow in order to qualify, the use could not be profit seeking. In addition, the Bolar exemption (which deals with specific experimental use) applied only to new drugs and not to medical devices. However, the new Patent Act broadens the scope of the two exemptions to produce a more level playing field for the pharmaceutical industry.
IP Court issues urgent disposition within 24 hours (International reports)
Just before the nine-day Chinese New Year holiday the IP Court granted a seven-day urgent disposition in a case involving the alleged patent infringement of parts of an express train cabin. Considering the urgency of the case, the applicant filed a motion for an urgent disposition two days before the holiday and the IP Court granted a seven-day urgent disposition within 24 hours.
New laws clear the path for Taiwan’s IP court (International reports)
The president has passed two new IP laws that clear the way for Taiwan’s long-awaited IP court. The laws set out detailed provisions concerning the organisation of the courts and how they should be administered. It is expected that the Judicial Yuan will set an implementation date for the new laws in early 2008.
TIPO determines royalty rates for public performance (International reports)
The Taiwan Intellectual Property Office (TIPO) recently completed a review of several copyright public performance royalty rates set by copyright collective management organisations. The royalty rates reviewed and determined by TIPO will remain effective for three years.
Supreme Court confirms audit report qualified basis to claim royalty (International reports)
The Supreme Court recently affirmed the IP Court’s judgment at appellate level, allowing a patent owner and licensor to claim for underpaid royalties based on an audit report conducted with the licensee’s consent, even when such an audit report did not follow the audit procedure required in the licence agreement.
Impact of proposed Patent Act amendments on the pharmaceutical industry (International reports)
The Taiwan Intellectual Property Office has proposed a wide range of amendments to the Patent Act. The proposed amendments cover a broad range of issues, including major changes to the provisions on pharmaceuticals.
Special Notes on Taiwan Patent Prosecution (International reports)
Over the years, Taiwan's Patent Act has been amended many times to pursue the international consensus and coincide with global patent practice. Because there exists several political issues relating to Taiwan’s identity, Taiwan has not been a signatory of many global patent treaties. As a result, several practices, specific to Taiwan have been created. In
To postpone or not to postpone? New policy on postponement of patent issuance (International reports)
The Ministry of Economic Affairs has announced the latest amendments to the Enforcement Rules of the Patent Act. Patent applicants can now apply for a postponement of patent issuance for up to six months instead of three months as previously. The new policy gives patent holders more room to consider and implement their patent strategies.
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