Intellectual Property

 

 

No.100 Publication Date : 2015-02-02
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Latest News

The 2014 Seminar on US Patent Linkage and Litigation

On December 2 and 3, 2014, TIPO held the 2014 Seminar on US Patent Linkage and Litigation to help the industries and government agencies learn more about the system of patent linkage in the US. Invited to this event were US lawyers from Goodwin and Lite DePalma, famous Taiwan lawyers, professors, and representatives from pharmaceutical companies who exchanged views on issues concerning patent linkage system, relevant litigation procedures and strategies, case studies, and the latest biologicals....

The 2014 Seminar on US Patent Linkage and Litigation

Legislative News

 
 

TIPO Completes the Notice on Maintaining Trademark Rights and Interests in Mainland China

TIPO News & Events

 
 

TIPO Designates MUST as the Single Window for Collecting Joint Royalties for Public Performance Using Karaoke Machines

The 2014 Seminar on New Thinking in Copyright Legal Regimes

The Latest Updates to Patent and Trademark E-Filing Software Now Available for Download Starting January 5, 2015

The New “Online Changes to Patent and Trademark Basic Application Information” Service Now Open at TIPONet

Enforcement

 

IPR Infringement Cases Processed by NPA in December 2014

The NPA uncovered a total of 694 IPR infringements in December 2014. Of which, 482 are trademark related and 212 are copyright related. Copyright infringements that involved foreign cases include 15 cases involving the U.S. and 17 cases involving Japan.

The 2014 Seminar on US Patent Linkage and Litigation

On December 2 and 3, 2014, TIPO held the 2014 Seminar on US Patent Linkage and Litigation to help the industries and government agencies learn more about the system of patent linkage in the US. Invited to this event were US lawyers from Goodwin and Lite DePalma, famous Taiwan lawyers, professors, and representatives from pharmaceutical companies who exchanged views on issues concerning patent linkage system, relevant litigation procedures and strategies, case studies, and the latest biologicals. A total of 250 people comprising representatives from original and generic pharmaceutical companies, lawyers, researchers from academic institutes, and government officials attended the event. During this 1.5-day seminar, the guest speakers explained in-length the statutory framework and procedure of the Hatch-Waxman Act, the measures stipulated in the Orange book governing listing, delisting, and carving out, the 180-day sales exclusive right, the 30-month suspension of certificate issuance, the definition for forfeiture or loss of right, as well as the provisions and disputes relating to biosimilars in the US. The issues addressed are of valuable reference to pharmaceutical-related government authorities in instituting relevant provisions and to domestic pharmaceutical companies in dealing with challenging scenarios. Keynote slides of the seminar are now available at TIPO’s website: http://www.tipo.gov.tw/ct.asp?xItem=538527&ctNode=7127&mp=1
 
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TIPO Completes the Notice on Maintaining Trademark Rights and Interests in Mainland China

Considering that Taiwan companies doing business in mainland China are constantly faced with the challenges where their company names or trade names are being squatted or infringed upon, TIPO has since 2010 begun accepting disposition requests in accordance with the cross-strait mechanism for disposition of trademark disputes. Added to this was China’s implementation of its new Trademark Law on May 1, 2014. To complement the above and step up protection of the trademark rights and interests of Taiwan companies, TIPO has completed the “Notice on Maintaining Trademark Rights and Interests in Mainland China.” Posted on December 5, 2014 at TIPO’s website, the notice is now available to the public. http://www.tipo.gov.tw/ct.asp?xItem=536524&ctNode=7127&mp=1
 
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TIPO Designates MUST as the Single Window for Collecting Joint Royalties for Public Performance Using Karaoke Machines

In Taiwan, karaoke machines are a common fixture in business establishments providing entertainment to guests in socializing occasions. These machines generally contain a wide variety of songs, and as such, it is necessary for business proprietors to obtain authorization of “public performance” through negotiations with MUST, MCAT, and TMCS, respectively. To the purpose of simplifying authorization procedure, establishing a sound environment for authorization, and in helping users obtain legal use of songs, TIPO on November 21, 2014 completed the review of the joint royalty rate for public performance of songs using karaoke machines. Starting January 1, 2015, users filing with the single window (MUST) will simultaneously obtain authorization from all of the three designated CMOs. Specifics of the review are as follows: 1. Single window: MUST. 2. Joint royalty rate: NT$9,000 per year (pre-tax rate) 3. This “joint royalty rate” and “single window” shall take effect starting January 1, 2015. Within three years following their implementation, the designated CMOs will not be changed and users will not be able to request royalty review. For specifics, go to TIPO’s website: http://www.tipo.gov.tw/ct.asp?xItem=535734&ctNode=7127&mp=1
 
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The 2014 Seminar on New Thinking in Copyright Legal Regimes

On December 19, 2014, TIPO held the 2014 Seminar on New Thinking in Copyright Legal Regimes at NTU’s Tsai Lecture Hall. This event was aimed at facilitating networking among Taiwan’s industries, government agencies and academia in the field of copyright and helping them learn more about new thinking in domestic and foreign copyright legal regimes. With over 200 people in attendance, the seminar featured experts and scholars giving keynote presentations on the latest trends in the future development of copyright. Addressing the four main issues concerning “Mechanisms that facilitate the flow of copyrighted works,” “A global view of legislative amendment trends,” “Fair use,” and “New perspective on legislative amendments,” the eight invited copyright scholars lectured on licensing mechanism and fair use guidelines of orphan works, trends in legislative amendments in the US and the EU, the relation between copyright restrictions and fair use, protection of parodies, protection of performers’ rights, as well as a fairer mechanism of fee collection/payment for use of copyrighted works. Keynote slides of the seminar are now available at TIPO’s website: http://www.tipo.gov.tw/ct.asp?xItem=538779&ctNode=7127&mp=1
 
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The Latest Updates to Patent and Trademark E-Filing Software Now Available for Download Starting January 5, 2015

TIPO’s latest updates to the patent and trademark e-filing software include a new version of names for trademark goods/services, a new input verification for Mandarin address (prompt message only), and a new Mandarin blank template for e-filing. Applicants can now download this new e-filing software at TIPONet. 1. For applicants using the old e-filing system (application editor and delivery system): The “Application editor 1.0.9” will stop service beginning January 1, 2015. Applicants should download and install the latest “Application editor 1.1.0.” 2. For applicants using the latest e-filing system (HTML2PDF/Word Add-ins and E-SET): The old “HTML2PDF 1.6.4” and “E-SET 1.6.3” will stop service beginning January 5, 2015. Applicants should either enable automatic updates of “HTML2PDF” and “E-Set” or download and install “HTML2PDF 1.7.0” and “E-Set 1.7.0.”
 
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The New “Online Changes to Patent and Trademark Basic Application Information” Service Now Open at TIPONet

A new service called “Online changes to patent and trademark basic information” has been added to the TIPONet by TIPO to simplify the process for applicants or agents making changes to their application information. This service does not require any paperwork or fees and it runs from 08:00 am until 09:00 pm. The applicant or agent logging in this “Online changes” of the TIPONet can make such changes (e.g. mailing address, phone number, and email) using a digital certificate. These changes will automatically be updated once they have been verified by the system. Technically, the entire procedure now takes about one working day to complete. Emails are sent automatically by the system upon receipt of a request and completion of the updates. This service is now open to applicants from all sectors. For inquiries or suggestions, please contact Mr. Yu at 886-2-23766066 or This email address is being protected from spambots. You need JavaScript enabled to view it..
 
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IPR Infringement Cases Processed by NPA in December 2014

The NPA uncovered a total of 694 IPR infringements in December 2014. Of which, 482 are trademark related and 212 are copyright related. Copyright infringements that involved foreign cases include 15 cases involving the U.S. and 17 cases involving Japan.
 
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