Taiwan

New Top-Level-Domain (TLD) “.taipei” is available now

New Top-Level-Domain (TLD) “.taipei” is available now

Taipei City Government and ICANN entered into a Registry Agreement in August 2014, under which Taipei City Government operates the top-level domain “.taipei”. According to the regulations, there are four steps for the public to access to the registrations of the top-level domain “.taipei” gradually. (1) Sunrise Period has been opened on December 01, 2014 […]

Taipei City Government and ICANN entered into a Registry Agreement in August 2014, under which Taipei City Government operates the top-level domain “.taipei”. According to the regulations, there are four steps for the public to access to the registrations of the top-level domain “.taipei” gradually. (1) Sunrise Period has been opened on December 01, 2014 […]
Before Filing an Administration Suit, an Appeal Should Have Been Filed First

Before Filing an Administration Suit, an Appeal Should Have Been Filed First

An official decision was made by the TIPO which deemed that the Claims 1 and 2 of a patent should be invalidated due to lacking inventive step according to the Patent Act, Article 22.IV. The patentee filed an Appeal up to the MOEA (Ministry of Economic Affairs, R.O.C.) arguing that the Claim 1 of the […]

Accelerated Examination for Patent Applications (AEP) in the field of Green Energy Technology Enhances the Efficiency of Patent Portfolio Thereof in Taiwan

Accelerated Examination for Patent Applications (AEP) in the field of Green Energy Technology Enhances the Efficiency of Patent Portfolio Thereof in Taiwan

In order to encourage the development of green energy technology and enhance the efficiency of examination, Condition 4 for applying for accelerated examination was added and has been effective from January 01, 2014. By getting the patent right quickly, it is expected to enhance the efficiency of patent portfolio in the field of green energy […]

Where a trademark as registered consists of a combination of a word and a device, whether it will be deemed sufficient use when the word is placed at a corner of one surface of a product package and the device is placed at the diagonal corner on the same surface?

Where a trademark as registered consists of a combination of a word and a device, whether it will be deemed sufficient use when the word is placed at a corner of one surface of a product package and the device is placed at the diagonal corner on the same surface?

In principle, a registered trademark should always be used in its entirety as it was originally registered. However, use of a registered trademark in practice in a form which differs from the form in which it was registered, but does not affect the identity of the trademark according to general concepts prevailing in the society, […]

In principle, a registered trademark should always be used in its entirety as it was originally registered. However, use of a registered trademark in practice in a form which differs from the form in which it was registered, but does not affect the identity of the trademark according to general concepts prevailing in the society, […]
“Collective Interview for Relevant Invention Patent Applications Program” helps shorten the substantive examination term to seven (7) months at the earliest

“Collective Interview for Relevant Invention Patent Applications Program” helps shorten the substantive examination term to seven (7) months at the earliest

In order to improve the examination efficiency, TIPO launched a pilot program “the Collective Interview for Relevant Interview Patent Applications program (Collective Interview Program, CIP)” on June 13, 2011. Evaluation of the program shows that participants have experienced several benefits, including effectively advancing prosecution of a group of invention patent applications, enhanced understanding before issuance […]

In order to improve the examination efficiency, TIPO launched a pilot program “the Collective Interview for Relevant Interview Patent Applications program (Collective Interview Program, CIP)” on June 13, 2011. Evaluation of the program shows that participants have experienced several benefits, including effectively advancing prosecution of a group of invention patent applications, enhanced understanding before issuance […]
So far, TIPO and JPO have exchanged 3,354 electronic priority documents of applications filed bilaterally since the launch of the “Priority Document Exchange” (PDX) Program in December 02, 2013

So far, TIPO and JPO have exchanged 3,354 electronic priority documents of applications filed bilaterally since the launch of the “Priority Document Exchange” (PDX) Program in December 02, 2013

The Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program which was implemented from December 02, 2013. Under the PDX program, both offices can directly transmit and obtain electronic priority documents of applications filed bilaterally without wasting time and money on producing their paper version. In […]

The Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program which was implemented from December 02, 2013. Under the PDX program, both offices can directly transmit and obtain electronic priority documents of applications filed bilaterally without wasting time and money on producing their paper version. In […]
There is still the probability for two trademarks to be deemed similar even though their designated goods/services belong to different classes.

There is still the probability for two trademarks to be deemed similar even though their designated goods/services belong to different classes.

If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to […]

If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to […]
Whether a Utility Model, which is dismissed because of failing to pay the issue fee and the first year annuity within the official deadline set for such payments, can be the base application for claiming priority of a subsequent patent application?

Whether a Utility Model, which is dismissed because of failing to pay the issue fee and the first year annuity within the official deadline set for such payments, can be the base application for claiming priority of a subsequent patent application?

According to Paragraph 1 of Article 30 of the Patent Act, where an applicant, based on his/her earlier invention or utility model patent application in the ROC, files a subsequent patent application, he/she may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the […]

According to Paragraph 1 of Article 30 of the Patent Act, where an applicant, based on his/her earlier invention or utility model patent application in the ROC, files a subsequent patent application, he/she may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the […]
Agreement on the Ownership of Patent Rights

Agreement on the Ownership of Patent Rights

According to Article 7 II of the Patent Act, where a fund provider engages another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon […]

According to Article 7 II of the Patent Act, where a fund provider engages another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon […]
The Judgment of Trademark Likelihood Confusion

The Judgment of Trademark Likelihood Confusion

According to “Examination Guidelines on Likelihood of Confusion” for trademarks, when two trademarks are considered similar, the overall impressions conveyed by the two trademarks are similar. If they are labeled on the same or similar goods/services, consumers with common knowledge and experience, who exercise a normal level of attention when shopping, may be confused about […]

According to “Examination Guidelines on Likelihood of Confusion” for trademarks, when two trademarks are considered similar, the overall impressions conveyed by the two trademarks are similar. If they are labeled on the same or similar goods/services, consumers with common knowledge and experience, who exercise a normal level of attention when shopping, may be confused about […]
TIPO Statistics Report: Patent and Trademark Applications in 2013

TIPO Statistics Report: Patent and Trademark Applications in 2013

In 2013, patent and trademark applications filed with TIPO totaled 83,211 (-2.19%) and 74,031 (-0.44%) respectively, as compared to those of the preceding year. This represents the first-ever downward incline in the headway TIPO has made since the financial tsunami. Design Filings Grew, Despite Decreased Invention and Utility Model Applications: Figure 1  Trends in Patent Application […]

In 2013, patent and trademark applications filed with TIPO totaled 83,211 (-2.19%) and 74,031 (-0.44%) respectively, as compared to those of the preceding year. This represents the first-ever downward incline in the headway TIPO has made since the financial tsunami. Design Filings Grew, Despite Decreased Invention and Utility Model Applications: Figure 1  Trends in Patent Application […]
TIPO and JPO Modified Current PPH to Pilot Run PPH Mottainai and Extended for Three Years from May 01, 2014

TIPO and JPO Modified Current PPH to Pilot Run PPH Mottainai and Extended for Three Years from May 01, 2014

The TIPO-JPO Patent Prosecution Highway (PPH) pilot program currently has been modified to PPH Mottainai and extended for three years starting on May 1, 2014. This modified pilot allows for greater conveniences to applicants and further accelerates patent examination at both offices. As of the end of March 2014, TIPO had received 817 requests for […]

The TIPO-JPO Patent Prosecution Highway (PPH) pilot program currently has been modified to PPH Mottainai and extended for three years starting on May 1, 2014. This modified pilot allows for greater conveniences to applicants and further accelerates patent examination at both offices. As of the end of March 2014, TIPO had received 817 requests for […]
Regulations Governing Customs Detaining Goods Suspected of Patent Infringement Have Been Promulgated on March 24, 2014

Regulations Governing Customs Detaining Goods Suspected of Patent Infringement Have Been Promulgated on March 24, 2014

The amendments of Patent Act (Article 97-1 to 97-4) concerning border protection measures for patents have been implemented on March 24, 2014. Furthermore, the coordinating procedures and regulations concerning “Regulations Governing Customs Detaining Goods Suspected of Patent Infringement” have been promulgated on the same day. Main points of the “Regulations Governing Customs Detaining Goods Suspected […]

The amendments of Patent Act (Article 97-1 to 97-4) concerning border protection measures for patents have been implemented on March 24, 2014. Furthermore, the coordinating procedures and regulations concerning “Regulations Governing Customs Detaining Goods Suspected of Patent Infringement” have been promulgated on the same day. Main points of the “Regulations Governing Customs Detaining Goods Suspected […]
Posting Other’s Work on One’s Own Website Should Get A Consent or License From The Rights Holder

Posting Other’s Work on One’s Own Website Should Get A Consent or License From The Rights Holder

In order to promote his own restaurant, John searched out Mary’s blog in which Mary posted her articles and photos concerning her good experience in John’s restaurant. Do John’s acts infringe Mary’s copyrights? Mary’s articles and photos as mentioned above belong to “literary work” and “photographic work” which are protected by copyrights. John posted Mary’s articles […]

In order to promote his own restaurant, John searched out Mary’s blog in which Mary posted her articles and photos concerning her good experience in John’s restaurant. Do John’s acts infringe Mary’s copyrights? Mary’s articles and photos as mentioned above belong to “literary work” and “photographic work” which are protected by copyrights. John posted Mary’s articles […]
Conceptual Argument About The Distinctiveness and Function of a3-D Trademark

Conceptual Argument About The Distinctiveness and Function of a3-D Trademark

According to Article 18 of the Trademark Act, a trademark shall refer to any sign with    distinctiveness, which may, in particular, consist of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof. The term “distinctiveness” used in the preceding paragraph refers to the character of a sign capable of being recognized […]

According to Article 18 of the Trademark Act, a trademark shall refer to any sign with    distinctiveness, which may, in particular, consist of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof. The term “distinctiveness” used in the preceding paragraph refers to the character of a sign capable of being recognized […]