Taiwan

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

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 […]

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 (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 (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 […]

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 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 […]

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 […]