Taiwan

TIPO amends Patent Examination Guidelines
19 Mar

TIPO amends Patent Examination Guidelines in Taiwan

The Taiwan Intellectual Property Organization (TIPO) has published amendments to the following chapters in Part II (Substantive Examination for Invention Patents) of the Patent Examination Guidelines in order to address the requirements of examination practice and raise examination quality. These amendments went into effect on July 1, 2022. The highlights of the amendments are summarized in this article. Patent Examination Guidelines Amendments Article 32(3) of the Patent Law stipulates that when an applicant files for an invention patent and a utility model [...]

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Amendments to the Taiwanese Patent Examination Guidelines
13 Jan

Amendments to the Taiwanese Patent Examination Guidelines

Six chapters of the Patent Examination Guidelines saw several revisions by the Taiwan IP Office in June (“Revisions”). These finalized revisions went into effect on July 1, 2022, with the purpose of improving examination quality, harmonizing the Office’s internal viewpoints on various issues, and more effectively addressing common questions that have come up during the development of examination methods. The following is a summary of the main points. New procedures for examining a pending invention application in a situation involving [...]

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amendments to the Copyright Act of Taiwan, the Copyright Act of Taiwan, Copyright Act of Taiwan, amendments to the Copyright Act,
29 Aug

Amendments to the Copyright Act of Taiwan

As part of the efforts to comply with the regulations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), to which Taiwan has applied recently, Taiwan’s government has reviewed and revised its intellectual property laws, including the Copyright Act. Not just to comply but the movement by Taiwan is also viewed by international organizations as Taiwan’s attempt to facilitate future CPTPP negotiations. Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore, and Vietnam signed the Comprehensive [...]

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Taiwan’s IPC Court rules on AI not being inventor cause concerns, AI not being inventor cause concerns, Taiwan’s IPC Court ruling, Taiwan’s IPC Court rules on AI,
09 Jan

Taiwan’s IPC Court rules on AI not being inventor cause concerns

“Can AI be an inventor?” is a question that has been unanswered for many years, decades, or even centuries. For the most part, AI has always been deemed unfit to become the inventor of anything in most countries. However, a recent Taiwan’s IPC Court rules on AI not being inventor has caused major concerns to AI supporter across the world. The situation in Taiwan’s Intellectual Property and Commercial Court (IPC Court) is extremely worrisome for many parties as the answer [...]

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The procedure of trademark renewal in Taiwan
28 Apr

The procedure of trademark renewal in Taiwan

Although Taiwan is an island nation belonging to China, it still has a certain independence from some other countries. In order to ensure that their trademarks when exporting to Taiwan are not lost and pirated, businesses need to fully register and renew their trademarks. How long does a registration remain in effect? The term of protection for a trademark is 10 years from the date of its registration, and the rights of a registered mark can last indefinitely if the renewal [...]

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Amendments to the Taiwan Trademark Act in 2023
15 Jul

Amendments to the Taiwan Trademark Act in 2023

On May 9, 2023, the Taiwanese legislature approved an act that amended Taiwan’s Trademark Act; on May 24, 2023, Presidential Order No. 1120043251 made the new law official. The amendments include the following highlights, which go into effect on a date that the Executive Yuan will announce, including accelerated examination, trademark agent qualifications, and simplified customs infringement notification. With the new faster trademark examination process, trademark application reviews might be completed in just two months. The applicant must establish, through [...]

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Publication of the Draft Amendment to the Examination Guidelines on Disclaimers by the Taiwan Intellectual Property Office
29 May

Publication of the Draft Amendment to the Examination Guidelines on Disclaimers by the Taiwan Intellectual Property Office

According to a statement made on May 2, 2023, by the Taiwan Intellectual Property Office (“TIPO”), the patterns of trademark use have changed as a result of new business models like online marketing, making it challenging to predict in practice whether a trademark will cast doubt on the extent of the trademark’s rights. TIPO has proposed a change to the Examination Guidelines on Disclaimers, including the following essential aspects, to coincide with the amendment to the Examination Guidelines on [...]

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Taiwan Intellectual Property Case Adjudication Act Latest Updates
28 May

Taiwan Intellectual Property Case Adjudication Act Latest Updates

On January 12, 2023, the Legislative Yuan approved a measure modifying the Intellectual Property Case Adjudication Act in order to harmonize Taiwan’s intellectual property litigation with worldwide practice and protect Taiwan’s economic competitiveness. Since its enactment in 2007, the Intellectual Property Case Adjudication Act has undergone only minor revisions. It will significantly affect Taiwan’s next system of intellectual property litigation. These are the significant adjustments. Procedures for adjudication with technology The use of technology in litigation proceedings has been expanded by [...]

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Taiwan IPO starts issuing electronic patent and trademark certificates
15 Jan

Taiwan IPO starts issuing electronic patent and trademark certificates

The Taiwan Intellectual Property Office (TIPO) will start allowing applications for electronic certificates for patents and trademarks on January 1, 2023. The following lists the relevant regulations: When paying the registration fee after January 1, 2023, applicants who get an approval decision from Taiwan IPO may ask for either electronic certificates or paper certificates. Additionally, candidates may take the following steps to apply for either an electronic certificate or a paper certificate: Patent: applying for issuance of a replacement or a [...]

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Register Your Copyright in Taiwan
24 Dec

Register Your Copyright in Taiwan

Please note that the Copyright Act amendment promulgated on January 21, 1998, ended the copyright registration system and that as of January 23, 1998, the government agency in charge of copyright matters has not longer been receiving copyright registrations. As soon as original works of authorship are completed, they are protected by copyrights. Since Taiwan joined the World Trade Organization (WTO) on January 1, 2002, member nations are required by the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights [...]

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