Taiwan

Legislative Yuan Passes Patent Act Amendments Concerning Border Protection Measures for Patents

Legislative Yuan Passes Patent Act Amendments Concerning Border Protection Measures for Patents

The Legislative Yuan passed the amendments of Patent Act On January 3, 2014 that includes the addition of 4 border protection provisions (Article 97-1 to 97-4) and a wording revision in Paragraph 2 of Article 143. According to the Legislative Yuan, the coordinating procedures and regulations concerning these amendments shall be established within 2 months […]

The Legislative Yuan passed the amendments of Patent Act On January 3, 2014 that includes the addition of 4 border protection provisions (Article 97-1 to 97-4) and a wording revision in Paragraph 2 of Article 143. According to the Legislative Yuan, the coordinating procedures and regulations concerning these amendments shall be established within 2 months […]
The TIPO Finished The Substantive Examination Up to 60 Thousands of Patent Applications in 2013

The TIPO Finished The Substantive Examination Up to 60 Thousands of Patent Applications in 2013

In order to enhance the efficiency and shorten the period of the substantive examination for patent applications, the TIPO has done the best to proceed with the “Patent Application Backlog Reduction Program” approved by the Executive Yuan since 2010. The number of the finished substantive examination for patent applications is rising year by year. In 2013, the […]

In order to enhance the efficiency and shorten the period of the substantive examination for patent applications, the TIPO has done the best to proceed with the “Patent Application Backlog Reduction Program” approved by the Executive Yuan since 2010. The number of the finished substantive examination for patent applications is rising year by year. In 2013, the […]
The Upgrade of The Electronic TIPO! The TIPO Has Given Precedence to The Delivery of E-documents Since February 2014

The Upgrade of The Electronic TIPO! The TIPO Has Given Precedence to The Delivery of E-documents Since February 2014

Through the researches and discussions in the whole year in 2013, there was an important development about the electronized operation in the TIPO. In February 2014, the TIPO started issuing e-documents for the procedures related to Patent and trademark applications. The TIPO still carries on the programming and construction of the electronic TIPO. However, in […]

Through the researches and discussions in the whole year in 2013, there was an important development about the electronized operation in the TIPO. In February 2014, the TIPO started issuing e-documents for the procedures related to Patent and trademark applications. The TIPO still carries on the programming and construction of the electronic TIPO. However, in […]
Holding an Art Exhibition with Painting Collection May be Deemed as a Kind of Fair Use

Holding an Art Exhibition with Painting Collection May be Deemed as a Kind of Fair Use

A painting is a kind of the artistic work.  When someone bought a painting, he/she merely obtains the ownership of the painting instead of the copyright thereof. Therefore, the copyright still belongs to the person who creates the painting. If a person bought some original paintings, printed and bound them as a book, and then […]

A painting is a kind of the artistic work.  When someone bought a painting, he/she merely obtains the ownership of the painting instead of the copyright thereof. Therefore, the copyright still belongs to the person who creates the painting. If a person bought some original paintings, printed and bound them as a book, and then […]
Intervening in an opposition action is not limited to the prescribed time period of opposition

Intervening in an opposition action is not limited to the prescribed time period of opposition

Intervening in an opposition action is not limited to the prescribed time period (three months from the day following the date of publication of registration) of opposition According to Article 23 of Administrative Procedure Act, where the conduct of a procedure will affect the right or legal interest of a third person, the administrative authority may […]

Intervening in an opposition action is not limited to the prescribed time period (three months from the day following the date of publication of registration) of opposition According to Article 23 of Administrative Procedure Act, where the conduct of a procedure will affect the right or legal interest of a third person, the administrative authority may […]
TIPO will Accept Application for Accelerated Examination for Patent Applications in the field of Green Energy Technology

TIPO will Accept Application for Accelerated Examination for Patent Applications in the field of Green Energy Technology

TIPO will Accept Application for Accelerated Examination for Patent Applications (AEP) in the field of Green Energy Technology from January 01, 2014 In order to encourage the development of green energy technology, Condition 4 for applying for accelerated examination is added and will be effective from January 01, 2014. As long as an invention patent […]

TIPO will Accept Application for Accelerated Examination for Patent Applications (AEP) in the field of Green Energy Technology from January 01, 2014 In order to encourage the development of green energy technology, Condition 4 for applying for accelerated examination is added and will be effective from January 01, 2014. As long as an invention patent […]
Important Reminder for Filing a Design Patent Application with Foreign Language Documents

Important Reminder for Filing a Design Patent Application with Foreign Language Documents

According to Article 4 III of Regulations Governing Submission of Foreign Language Application Documents, where filing a patent application for design with foreign language documents, such documents shall contain drawing(s) and indicate the title of the design. After the amended Patent Act was effective on January 01, 2013, some attorneys didn’t pay attention to the […]

According to Article 4 III of Regulations Governing Submission of Foreign Language Application Documents, where filing a patent application for design with foreign language documents, such documents shall contain drawing(s) and indicate the title of the design. After the amended Patent Act was effective on January 01, 2013, some attorneys didn’t pay attention to the […]
TIPO and JPO Implemented the “Priority Document Exchange” (PDX) Program

TIPO and JPO Implemented the “Priority Document Exchange” (PDX) Program

TIPO and JPO Have Implemented the “Priority Document Exchange” (PDX) Program on December 02, 2013 On November 5, the Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program. TIPO and JPO have started the PDX program on December 02, 2013. Under the PDX, the applicant that […]

TIPO and JPO Have Implemented the “Priority Document Exchange” (PDX) Program on December 02, 2013 On November 5, the Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program. TIPO and JPO have started the PDX program on December 02, 2013. Under the PDX, the applicant that […]
The “third party” mentioned in the Article 42 of the Trademark Act

The “third party” mentioned in the Article 42 of the Trademark Act

According to the Article 42, a transfer of trademark right shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office. It means the transfer of trademark right in Taiwan adopts “registration antagonism” instead of “registration effectiveness”. Therefore, if the transfer of trademark right is not […]

According to the Article 42, a transfer of trademark right shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office. It means the transfer of trademark right in Taiwan adopts “registration antagonism” instead of “registration effectiveness”. Therefore, if the transfer of trademark right is not […]
Does it infringe one’s trademark right to recycle and sell one’s wasted batteries…

Does it infringe one’s trademark right to recycle and sell one’s wasted batteries…

Does it infringe one’s trademark right to recycle and sell one’s wasted batteries without changing the trademark logo and package but showing “recycled battery” on the products only? According to the Article 35.I & II, “ The proprietor of a registered trademark has the exclusive right in the trademark in relation to the designated goods or […]

Does it infringe one’s trademark right to recycle and sell one’s wasted batteries without changing the trademark logo and package but showing “recycled battery” on the products only? According to the Article 35.I & II, “ The proprietor of a registered trademark has the exclusive right in the trademark in relation to the designated goods or […]
The applicability of the new Patent Act about the filings of an Invention patent application and a Utility Model patent application for the same creation

The applicability of the new Patent Act about the filings of an Invention patent application and a Utility Model patent application for the same creation

For the amended Articles 32, 41, 97, 116 and 159 of the Patent Act effective on June 13, 2013, the TIPO held a seminar on June 19, 2013 to discuss the applicability of the amended Articles of the Patent Act. We herewith list the main points of the conclusions mentioned in the seminar as follows: […]

For the amended Articles 32, 41, 97, 116 and 159 of the Patent Act effective on June 13, 2013, the TIPO held a seminar on June 19, 2013 to discuss the applicability of the amended Articles of the Patent Act. We herewith list the main points of the conclusions mentioned in the seminar as follows: […]
Won’t it infringe someone’s copyrights as long as…

Won’t it infringe someone’s copyrights as long as…

Won’t it infringe someone’s copyrights as long as a clear indication of the name or appellation of the author and the source of the work is provided? Someone (hereinafter “A”) is fond of photography and often takes pictures outdoors with people having the same habit and then the photographers post all their photographic works on […]

Won’t it infringe someone’s copyrights as long as a clear indication of the name or appellation of the author and the source of the work is provided? Someone (hereinafter “A”) is fond of photography and often takes pictures outdoors with people having the same habit and then the photographers post all their photographic works on […]
Infringement of Trademark Rights

Infringement of Trademark Rights

It will not constitute an infringement of trademark rights before a license thereof is formally terminated. A trademark license is a kind of continuous contract. When the duration of license is set in a license contract, once the duration is expired, the license is terminated. On the contrary, if there is no duration set for the […]

It will not constitute an infringement of trademark rights before a license thereof is formally terminated. A trademark license is a kind of continuous contract. When the duration of license is set in a license contract, once the duration is expired, the license is terminated. On the contrary, if there is no duration set for the […]
Deadline for supplementing the Certified copy of the first patent application

Deadline for supplementing the Certified copy of the first patent application

The deadline set for supplementing the Certified copy of the first patent application is a peremptory period According to Article 27 I of the previous Patent Act, where an applicant has duly filed his/her first patent application in a foreign country, which reciprocally allows ROC nationals to claim patent priority, or with any member of […]

The deadline set for supplementing the Certified copy of the first patent application is a peremptory period According to Article 27 I of the previous Patent Act, where an applicant has duly filed his/her first patent application in a foreign country, which reciprocally allows ROC nationals to claim patent priority, or with any member of […]
When Applying for Reviewing the File Wrappers of a Laid-open or Published Divisional Patent Application

When Applying for Reviewing the File Wrappers of a Laid-open or Published Divisional Patent Application

When a third party applies for reviewing the file wrappers of a laid-open or published divisional patent application, he/she should also be allowed to review the file wrappers of the original patent application without being subject to the limitations set forth in item 3 (3) of the <Main points for Applying for Reviewing Patent Documents>. […]

When a third party applies for reviewing the file wrappers of a laid-open or published divisional patent application, he/she should also be allowed to review the file wrappers of the original patent application without being subject to the limitations set forth in item 3 (3) of the <Main points for Applying for Reviewing Patent Documents>. […]