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Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.
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New 27 SEPTEMBER 2023Start-ups can gain design protection faster with new accelerated examination programme
TIPO’s new pilot programme allows certain applicants to swiftly secure protection for their design patents, facilitates rapid responses to counterfeit designs and assists award winners and start-ups to obtain patent rights.
20 SEPTEMBER 2023Apple, Alibaba and Uni-President Enterprise among top filers for green marks in Taiwan
Taiwan’s IP office has released a report analysing the number of green trademark applications filed in the past 10 years. It also reveals that the majority of green-mark strategies are based on energy saving, pollution control and energy products.
02 AUGUST 2023IP court provides much-needed clarity on distinction between novelty and fictitious novelty
A court ruling has confirmed that the criteria for fictitious novelty follows the ‘expanded novelty’ model and proves the court’s ability to understand legal issues from an international perspective. Parties involved in related disputes should carefully analyse their cases to win a favourable decision on different legal grounds.
19 JULY 2023Companies must be careful when labelling products with patent numbers following FTC fine
Certificate numbers must be marked on patented products, according to the IP Office and Taiwan’s Patent Act. However, the Fair Trade Commission’s steep fine imposed on a company for using an invalidated patent number highlights the dire consequences of misleading consumers.
07 JUNE 2023Three major changes to Taiwan’s Trademark Act that applicants need to know
Taiwan’s recently amended Trademark Act now includes: an accelerated review mechanism, regulations on trademark agents and a new indicative fair use defence against infringement – all key updates for rights holders.
19 APRIL 2023Valentino decision unifies conflicting interpretations of well-known trademarks
The Supreme Administrative Court’s Valentino ruling aims to foster harmony amid disagreements surrounding the IP Office’s seemingly controversial opinion on protection for well-known marks, which imposes harsher restrictions than those found in the Trademark Act.
05 APRIL 2023Draft regulations will give teeth to national security trade secret protection
Amid rising tension between Taiwan and China and increased numbers of cases involving espionage, the National Science and Technology Council has published draft regulations that will determine what items constitute nationally important core technologies and introduce heavy penalties for leaking them.
25 JANUARY 2023Six key outcomes of Taiwan’s IP law overhaul
Taiwan’s Intellectual Property Case Adjudication Act is being amended in order to strengthen the protection of trade secrets and modernise the country’s IP litigation system.
04 JANUARY 2023Electronic certificates: why they are good news for patent applicants
The new year has brought in new options for patent applicants in Taiwan, whose ability to obtain an electronic certificate should prove to be widely beneficial.
23 NOVEMBER 2022IP office hits pause to evaluate pilot programme to boost examiner expertise
Designed to help patent examiners grasp complex technical concepts, the one-year trial period for the Industry Collaborative Patent Interview pilot programme has come to an end. TIPO is now considering the first year and whether to continue with the initiative.
16 NOVEMBER 2022Ruling opens the door to protecting room design under the Copyright Act
A fresh decision from the IP and Commercial Court could mark major changes for the Taiwanese hotel industry by extending copyright protection to encompass room configurations.
09 NOVEMBER 2022Supreme Court rules on jurisdiction in landmark trade secret dispute
A fresh ruling has resulted in dramatic consequences for IP legislation in Taiwan, with amendments affecting employers’ rights being reviewed by the Legislative Yuan.
28 SEPTEMBER 2022Examination overhaul is good news for applicants in Taiwan
Key revisions to patent examination guidelines signal a clear desire to streamline the patent application process and to make examination more straightforward for innovators.
24 AUGUST 2022Enforcement rules of Taiwan’s Patent Act to be amended
Revisions to the rules will have the effect of simplifying procedures for recordation of pledges, as well as relaxing applications for re-issuance or renewal of patent certificates.
10 AUGUST 2022Taiwan amends Copyright Act in set-up-box crackdown
The amendment aims for a hard line to be taken against illegal use of STBs, in a bid to protect copyright owners and prevent copyright infringement.
03 AUGUST 2022Judicial Yuan announces draft amendments to the Intellectual Property Case Adjudication Act
New amendments encompass 40 new articles, alongside revisions to 41 others. They aim to enhance protection of trade secrets and strengthen communications between the IP Court and the IP Office, among other goals.
20 JULY 2022Taiwan reinforces protections of core technologies and trade secrets
In a bid to prevent core technologies from being leaked to foreign competitors, Taiwan’s Legislative Yuan has amended the National Security Act. However, the amendment raises questions about whether the development of domestic industries will be negatively affected.
22 JUNE 2022Taiwan’s IP office publishes translations of its most significant cases of the past five years
The TIPO has made so-called ‘classic’ trademark cases available on its website in English and Chinese. However, several judgments are pending, including one pertaining to the provision of designated services outside Taiwan.
01 JUNE 2022Taiwanese legislature passes amendments to manage CMOs
Revisions to the Copyright Collective Management Organisation Act aim to introduce greater transparency in managing CMOs, while also striving to improve their licensing efficiency with users.
18 MAY 2022Antitrust authority takes aim at Big Tech
Taiwan’s Fair Trade Commission has published a draft white paper focusing on competition enforcement within the digital economy that will be finalised after feedback from the public.
04 MAY 2022Taiwan passes IP amendments to support its CPTPP application
New modifications introduced by the Legislative Yuan aim to strengthen the patent linkage system, while also enhancing the protection of copyrights and trademarks and responding to current trends.
20 APRIL 2022Parody defence unsuccessful in Louis Vuitton infringement case
In Taiwan, a parody must be humorous, ironic or critical, while also being entertaining and contain the contradictory characteristics of the original and the unoriginal. Failure to prove this may result in criminal liability.
26 JANUARY 2022Amended accelerated examination programme comes into effect
The recently modified programme looks set to be more relevant to green technologies than was previously the case, as well as a useful tool for those pursuing a flexible prosecution strategy.
19 JANUARY 2022Impending amendments set to rewrite Taiwan’s copyright regime
The amended Taiwanese Copyright Act, once passed, will have a transformative impact in introducing greater flexibility with regard to the economic rights of a work. It will also change the ways in which content is broadcasted.
12 JANUARY 2022Copyright decision highlights the commercial hazards of using orphan works
Taiwan’s top court has clarified the scope of compulsory licensing in an attempt to safeguard consumers from becoming involved in copyright infringement disputes further down the line.
27 OCTOBER 2021Proposed repair clause highlights tension between consumer rights and industrial development
A proposed amendment to the Patent Act, which aims to introduce a repair clause, has received a mixed reception from the country’s IP professional. In particular there are fears that it could conflict with the act’s stated aim of protecting innovation.
20 OCTOBER 2021TV shopping channel found liable for counterfeits provided by third party
A recent case involving luxury goods company Burberry serves as a timely reminder that retail platforms and the third parties that supply them can both be found liable for trademark infringement.
29 SEPTEMBER 2021Applicants watch out – TIPO publishes stricter examination guidelines
The Taiwan Intellectual Property Office has tightened its rules on amending claims and specifications. In particular, it is vital that applicants disclose the correct numerical values and ranges of values in the original claim, as any amendments to these will no longer be accepted.
08 SEPTEMBER 2021TIPO announces second version of draft amendment of Trademark Act
Brand owners across Taiwan have welcomed the news that the Taiwan Intellectual Property Office is proposing further amendments to the country’s trademark laws, which will be the most substantial changes in 10 years.
18 AUGUST 2021Taiwan Supreme Court hands down judgment on the protection of luxury handbag design
In good news for brand owners, the Supreme Court has found in favour of two luxury handbag brands, in a case where a company had copied the accessories’ appearance design.
28 JULY 2021Overhaul of Taiwan’s patent examination guidelines signals new dawn for software-related inventions
In welcome news for inventors, the guidelines for filing patent applications for computer-related software inventions have been updated. Crucially, they provide clarity on the definition of an ‘invention’.
05 MAY 2021Taiwan government launches plan to overhaul IP Case Adjudication Act
IP professionals across the country are calling for significant updates to the IP Case Adjudication Act. Here is everything you need to know about the potential amendments.
28 APRIL 2021Cartier’s successful registration of a 3D shape shows tide is turning for TIPO’s definition of ‘proof of use’
In good news for brand owners, two recent cases involving 3D shapes signal a shift towards a broadening of what constitutes use of a mark.
07 APRIL 2021Amendment relaxes rules for rights holders examining suspected counterfeits
Draft amendments to the Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademarks should make it considerably easier for trademark owners – particularly those based outside Taiwan – to examined seized goods believed to be infringing their rights.
03 MARCH 2021What Taiwan’s potential restructure to the patent appeal system means for rights holders
TIPO’s proposed amendments to the patent appeal system will reconfigure Taiwan’s IP practice, affecting inter partes and ex partes reviews and the office’s level of involvement in disputes on patent ownership.
27 JANUARY 2021TIPO offers free copyright holder search notice publication service to promote use of orphan works
In welcome news for brand owners, the Taiwan Intellectual Property Office has launched a free publication service, meaning that applicants can swiftly meet the necessary licence requirements with regard to orphan works.
23 DECEMBER 2020TIPO publishes update on covid-19 clinical trial pharma patents
The Taiwan Intellectual Property Office (TIPO) has published an updated list of Taiwanese patents covering potential covid-19 drugs in clinical trial, including a number of new small molecule anti-viral drugs.
16 DECEMBER 2020Trademark Act to be amended to regulate trademark agents
The Taiwan Intellectual Property Office has drafted amendments to the Trademark Act, which will affect who can qualify as a trademark agent in Taiwan. Previously, an individual only required an address in Taiwan, but now the regulations are much tighter.
23 SEPTEMBER 2020China-based karaoke machine company faces prosecution for copyright infringement in Taiwan
The popular pastime of karaoke is coming under increasing scrutiny as the device that contains the music may infringe Taiwan’s recently amended Copyright Act. Thunderstone, a Chinese set-top box company, has been caught in the crossfire in the first karaoke-related infringement case in Taiwan.
02 SEPTEMBER 2020TIPO to launch Positive Interview Programme for start-ups
The Taiwan Intellectual Property Office is shortly to launch a new pilot accelerated programme, the Positive Interview Programme, targeted at start-ups. This will allow applicants to obtain a patent within four months from the filing of a request to utilise the programme – a much quicker examination procedure than the general procedure
26 AUGUST 2020Case law clarifies jurisdiction over labour disputes involving IP rights
While the Taiwan IP Court handles many IP cases in the country, it does not have exclusive jurisdiction over such cases. A recent case involving alleged copyright infringement by former employees shines a light on how jurisdiction should be determined between the IP court and an ordinary court, and how this is transferred from one to the other.
19 AUGUST 2020Taiwan’s IP rights statistics for the first half of 2020
The Taiwan Intellectual Property Office has released its filing numbers from January to June 2020, revealing the top filers among research organisations and universities, as well as for domestic and international applications.
15 JULY 2020Official proposal for revising design patent examination guidelines released
New patent examination guidelines look set to boost design applications for icons and GUI at the Taiwan Intellectual Property Office, as more focus is placed on the role of software programs in inventions.
24 JUNE 2020TIPO to review IP legislation following conference on covid-19 patent reforms
On 17 June 2020 the head of the Taiwan Intellectual Property Office, industry leaders and IP experts met to discuss potential changes to the patent and trademark litigation regime and other reforms to Taiwan’s IP environment. The conclusions from the event will be published as part of the Chinese National Federation of Industries' annual white paper.
10 JUNE 2020Latest amendments to the enforcement rules of the Patent Act
Taiwan’s Ministry of Economic Affairs has announced that it is amending Articles 17 and 39 of the Enforcement Rules of the Patent Act. Sequence listing can now be submitted electronically to exempt applicants from the obligation to provide its hard copy and third-party opinion can be submitted before a patent application for invention is laid open.
20 MAY 2020Taiwan Supreme Court remands IP Court criminal trademark infringement judgment for the first time
February 2020 marked the first time that the Taiwan Supreme Court has remanded an IP Court decision in a trademark case. Trademark practitioners are now waiting to see how this will shape the practice of trademark enforcement and defence in Taiwan.
29 APRIL 2020Taiwan Supreme Court broadens principle of exhaustion for trademarks
Recent case law shows that if a company wishes to make parallel imports into Taiwan, the principle of exhaustion cannot be relied on.
22 APRIL 2020Fast-track trademark applications scheme due to launch on 1 May 2020
The Taiwan Intellectual Property Office has announced that it will start accepting fast-track trademark applications as of 1 May 2020. Here is all you need to know about the scheme.
25 MARCH 2020Race against the virus: covid-19 clinical trial pharmaceutical patents in Taiwan
The outbreak of the novel coronavirus is affecting every aspect of the global community. As a result, researchers and pharmaceutical companies are moving as fast as possible to develop drugs to combat the pandemic.
29 JANUARY 2020Information that does not qualify as a ‘trade secret’ may still be protectable under the Criminal Code
Trade secret protection is a significant issue for business owners today. While recent developments in IP court practice make it easier for a trade secret holder to protect its intangible assets under the Trade Secret Act, as well as the Criminal Code, it is crucial that the legal requirements of what constitutes a trade secret are met.
08 JANUARY 2020Chanel fails to defend mark against retail store’s reference
Chanel has claimed that a local retail chain in Taiwan infringed its trademark on marketing materials to celebrate the store's 30th anniversary. The Taiwan IP Court noted that although the retail chain had used the CHANEL mark and a picture of the Chanel product on marketing materials, it had also used its own trademark and thus the relevant consumers clearly understood that the CHANEL trademark referred to the prize only. The court maintained that no infringement took place.
09 OCTOBER 2019Taiwan IP Court’s perspective on TIPO’s ex officio examination
The Taiwan IP Court has revoked an invalidation decision made by the Taiwan Intellectual Property Office (TIPO) due to a procedural illegality. The court ruled that TIPO improperly intervened in the disputes between the parties and examined the invalidation case ex officio without giving the patentee the opportunity to respond to its opinions.
20 AUGUST 2019Supreme Court rules on international jurisdiction in a copyright infringement case over online shopping website
The Supreme Court has held that if a website owner located in a foreign country knows or should have known that Taiwan would be the major market of its online shopping business, and despite this knowledge engages in the sale of allegedly infringing products in Taiwan, the courts there will have international jurisdiction over the website owner as Taiwan will be considered to be the place where the result of damages emerged.
14 AUGUST 2019New measures for technical evaluation reports for utility model patents
Given the uncertainty surrounding the utility model patent application process in Taiwan, underlying patent rights can often be abused by patentees. To help utility model applicants, a new measure has been introduced, giving patentees that receive an unfavourable evaluation the chance to provide an additional explanation.
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