Intellectual Property

 

 

No.104 Publication Date : 2015-05-06
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Latest News

The 1st Taiwan-EU Economic and Trade Consultation IPR Working Group DVC of 2015

The 1st TW-EU Economic and Trade Consultation IPR Working Group DVC of 2015 took place in the afternoon of March 26 where attending representatives exchanged dialogues on the recent amendments to patent, trademark and copyright laws, the agenda of TW-EU Copyright Seminar of 2015, mutual recognition of DUS reports of Phalaenopsis and Doritaenopsis, the EU’s 1st January 2014 implementation of Regulation No. 608/2013 Section 2 Article 26 (which stipulates simple procedure of destroying trademark-in...

TIPO-JPO patent examiner exchange

Legislative News

 
 

TIPO publishes the “Procedures for settling cross-strait trademark disputes”

TIPO News & Events

 
 

TIPO attends copyright affairs meeting

TIPO begins accepting requests to defer substantive examination of invention patent applications

National Invention Award Ceremony and Exhibition of Winning Entries successfully concluded

TIPO’s upgraded e-filing system adds eighteen new patent and trademark e-forms

The Taiwan Patent Search now adds notes on two applications filed for the same creation

Enforcement

 

IPR Infringement Cases Processed by NPA in March 2015

The NPA uncovered a total of 922 IPR infringements in March 2015. Of which, 540 are trademark related and 382 are copyright related. Copyright infringements that involved foreign cases include 13 cases involving the U.S. and 25 cases involving Japan.

The 1st Taiwan-EU Economic and Trade Consultation IPR Working Group DVC of 2015

The 1st TW-EU Economic and Trade Consultation IPR Working Group DVC of 2015 took place in the afternoon of March 26 where attending representatives exchanged dialogues on the recent amendments to patent, trademark and copyright laws, the agenda of TW-EU Copyright Seminar of 2015, mutual recognition of DUS reports of Phalaenopsis and Doritaenopsis, the EU’s 1st January 2014 implementation of Regulation No. 608/2013 Section 2 Article 26 (which stipulates simple procedure of destroying trademark-infringing items in smaller amounts without having to refer them to courts as criminal proceedings), as well as on-campus illegal photocopying.
 
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TIPO-JPO patent examiner exchange

On March 9-20, 2015, four JPO patent examiners visited TIPO for the exchange and shared views with TIPO examiners on patent examination practices.
 
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TIPO publishes the “Procedures for settling cross-strait trademark disputes”

On March 12, 2015, TIPO published the “Procedures for settling cross-strait trademark disputes.” Revised and renamed from the original “Guidelines for settling cross-strait trademark dispues,” published October 19, 2011, this new Procedures includes terms and numerical order of provisions updated in accordance with China’s new Trademark Law. Regarding notification of cases requiring dispute settlement, the new Procedures now adds “Other circumstances requiring assistance” to include scenerios where Taiwan businesses encounter unfair treatment, and mainland authorities adopting dispute settlement methods that go against China’s laws and its standards in trademark examination and legal proceedings. The “Procedures for settling cross-strait trademark disputes” is now available at: http://www.tipo.gov.tw/ct.asp?xItem=544572&ctNode=7127&mp=1 As of the end of February 2015, TIPO had received a total of 576 dispute settlement requests. Of the 449 cases being notified and forwarded to relevant agencies, a total of 364 disputes were successfully settled, accounting for an over 80% settlement rate. These include some famous local trademarks (e.g. Mode Marie, BBQueen, and CSBC) that were previously squatted in mainland China. Thanks to this dispute settlement mechanism, the squatted marks have recently been withdrawn.
 
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TIPO attends copyright affairs meeting

On March 4, 2015, TIPO’s Director General Wang, Mei-hua led colleagues to the IP Court to attend the copytight affairs meeting and exchange dialogues with judges and prosecutors on the market for licensing karaoke machines and operation of CMOs.
 
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TIPO begins accepting requests to defer substantive examination of invention patent applications

On April 1, 2015, TIPO began accepting requests to defer substantive examination of invention patent applications. This is in consideration of invention patent applicants’ application strategy, patent portfolios as well as timetable for patent commercialization. Invention patent applicants having requested substantive examination can use this mechanism to put on hold such examination. Applicants wishing to defer substantive examination may, within three years following the filing date, make such request with TIPO in paper form and provide the following information: application number, name or title of applicant, agnet’s name and law firm, as well as the date to resume substantive examination. To save examination resources for better use and achieve balance between the public’s rights and interests, however, TIPO will not accept deferral requests from invention patent applicants in case of any of the following: 1. The applicant has received office action or the application has been approved; 2. The applicant has requested division of application; 3. A substantive examination request has been filed by a third party; or 4. The applicant has requested AEP or PPH.
 
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National Invention Award Ceremony and Exhibition of Winning Entries successfully concluded

On March 26, 2015, TIPO held the “National Invention Award Ceremony and Exhibition of Winning Entries” at NTU Hospital’s international conference center. Director General Wang attended the ceremony to present the “2014 National Invention Award” to the 44 winners for their outstanding patented works. The event showcased winning entries, with nearly 200 people comprising reporters and award winners in attendance. This year’s winning entries cover areas including energy conservation and carbon emission reduction, Medicare involving biotechnology, and smart living. In addition to having great marketing and business potential, over 90% of these uniquely innovative and highly applicable patented inventions have already undergone technology transfer, licensing, and commercialization, indicating local corporations’s growing emphasis on patent commercialization and industrialization, while also attesting to the success in terms of the government’s efforts to facilitate industry-academia R&D cooperation.
 
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TIPO’s upgraded e-filing system adds eighteen new patent and trademark e-forms

The latest upgrade to TIPO’s e-filing system adds a total of 18 e-forms for the processing of patent and trademark matters. In patent, the 9 new forms include request form for responses to general matters, request form for responses to examination opinions, request form for extending patent application to designated period, request form for patent application progress report, request form for withdrawing patent application, request form for in-person consultation, request form for viewing patent files, request form for certified copy of patent files, and request form for prioritized examination of patent invalidation involving litigation. In trademark, the 9 new forms include request form for resubmitting relevant information, request form for viewing trarkmark files, request form for trademark registration fee payment slip, request form for other matters, request form for making corrections, requet form for refund of trademark fees, request form for Mandarin trademark certificate, request form for English trademark certificate, and request form for reissuing registration certificate. The latest updates to HTML2PDF/Word Add-ins 1.7.2 and E-SET 1.7.2 are now available for download. Users can either turn on the apps’ automatic update or go to TIPONet to download the latest e-fiing app.
 
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The Taiwan Patent Search now adds notes on two applications filed for the same creation

A new feature added to the Taiwan Patent Search (http://twpat.tipo.gov.tw/) on March 5, 2015, enables users to access notes on cases involving two applications filed for the same creation. The notes allow users searching for information on a given utility model application to also learn about that of an invention application filed on the same day for the same creation as the utility model. In addition, users can learn about information on the extinguishment of the utility model following the publication of the invention application.
 
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IPR Infringement Cases Processed by NPA in March 2015

The NPA uncovered a total of 922 IPR infringements in March 2015. Of which, 540 are trademark related and 382 are copyright related. Copyright infringements that involved foreign cases include 13 cases involving the U.S. and 25 cases involving Japan.
 
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