Taiwan

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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Taiwan's Patent Act's enforcement rules will be amended
01 Sep

Taiwan’s Patent Act’s enforcement rules will be amended

Articles 67 and 80 of the Enforcement Rules of the Patent Act will be amended, according to a recent announcement from the Ministry of Economic Affairs Taiwan Intellectual Property Office. Streamlined processes for recording pledges According to the current version of Article 67, a patent certificate must be provided for the annotation to protect the pledgee’s rights when requesting recordation of pledge establishment of patent rights. However, in other nations, it is not necessary to annotate the promise recordation to the [...]

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problems with the patent requirement in Taiwan, problems with the patent requirement, the patent requirement in Taiwan, patent requirement in Taiwan,
21 Jul

Problems with the patent requirement in Taiwan

In Taiwan, the number of rejected patent applications for failing the non-obviousness requirement is skyrocketing in recent months. So, what is the Taiwan IP Office’s approach to the registration of an invention, and is it the main reason why there are so many rejected the patent application in recent times? As the world is developing rapidly since the beginning of the 21st century, many new inventions made by individuals, and organizations have also been created and publicized to the world. To [...]

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Improve the Patent Linkage System in Taiwan
08 Jun

Improve the Patent Linkage System in Taiwan

Relevant legal adjustments have been undertaken in recent years to meet the regulatory standards of the CPTPP in order to promote Taiwan’s membership in the Comprehensive and Progress Agreement for Trans-Pacific Partnership (CPTPP). Intellectual property rights, in particular, have been identified as a high-priority topic for legal amendments. Taiwan proposed draft amendments to the Copyright Law, the Trademark Law, and the Patent Law at the start of 2022. It is planned to add Article 60-1 to clearly establish that the [...]

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A New Interview Approach Develops Under Taiwan’s Patent System
29 Jan

A New Interview Approach Develops Under Taiwan’s Patent System

In Taiwan’s current patent process, personal interviews with examiners are regularly conducted at the request of applicants or patent attorneys. In general, a candidate’s desire for an interview must be expressed explicitly in a response when one is intended. However, in order to keep up with the rapid evolution of technology, the IP office is planning to incorporate a new interview technique known as the “IP Office-industry collaboration interview” into the current patent system, in which the examiner can start [...]

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INTA published Unfair Competition Laws Quick Guide, Unfair Competition Laws, Unfair Competition Laws Quick Guide, INTA’s Unfair Competition Committee
10 Oct

INTA published Unfair Competition Laws Quick Guide

On September 14, 2021, INTA’s Unfair Competition Committee (UCC), Policy Subcommittee voted to approve a Board Resolution, prohibit various forms of unfair competition even though the national statutes or governing laws are diverse in nature. Specifically, the data in the Unfair Competition Quick Guide covers 24 countries, including those in the Americas, Asia, Europe, and the Middle East. Sponsored by INTA’s Unfair Competition Committee (UCC) —Policy Subcommittee, the resolution focuses largely on obligations contained in the TRIPS Agreement and is a [...]

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