Intellectual Property

 

 

No.07 Publication Date : 2015-08-04
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Latest News

Two MOUs on PPH MOTTAINAI and on Exchange of Industrial Property Information and PDX signed between Taiwan and Korea

The Taipei Mission in Korea and the Korean Mission in Taipei signed two Memoranda of Understanding (MOUs) on June 15, 2015, to establish collaboration on Patent Prosecution Highway (PPH) MOTTAINAI program and exchange of industrial information and PDX between TIPO and KIPO. The two MOUs can benefit applicants with expedited examination procedures and allow the public to access industrial property information exchanged between the two nations.Earlier in February, Director General Wang Mei-hua was...

TIPO and JPO commenced the program on mutual recognition of deposit of biological materials for the purpose of patent procedure on June 18, 2015

USPTO’s Senior Counsel Mark Cohen visits TIPO

Legislative News

 
 

Legislative Yuan passes amendment to the Patent Attorney Act

TIPO News & Events

 
 

2015 Asia Pacific IPR Forum

Enforcement

 

IPR Infringement Cases Processed by NPA in June 2015

The NPA uncovered a total of 716 IPR infringements in June 2015. Of which, 458 are trademark related and 258 are copyright related. Copyright infringements that involved foreign cases include 20 cases involving the U.S. and 15 cases involving Japan.

Two MOUs on PPH MOTTAINAI and on Exchange of Industrial Property Information and PDX signed between Taiwan and Korea

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The Taipei Mission in Korea and the Korean Mission in Taipei signed two Memoranda of Understanding (MOUs) on June 15, 2015, to establish collaboration on Patent Prosecution Highway (PPH) MOTTAINAI program and exchange of industrial information and PDX between TIPO and KIPO. The two MOUs can benefit applicants with expedited examination procedures and allow the public to access industrial property information exchanged between the two nations.

Earlier in February, Director General Wang Mei-hua was invited to KIPO and met with former Commissioner Kim Young-min to exchange views on respective trends in IP development and collaboration. The two heads of office reached consensus on PPH collaboration, exchange of industrial property information, and electronic exchange of priority documents. The meeting was successful and important in that it contributed to the signing of the two MOUs.

Korea ranks high among top patent filing nations in Taiwan. In 2014, the number totaled 2,127 cases, with LG Chem, Samsung Display, and Samsung Electronics being the top 20 foreign applicants. Patent applications filed with KIPO by Taiwanese applicants grew from 768 cases in 2013 to 955 cases in 2014. TSMC, Winbond Electronics, MediaTek, and Silicon Motion are the major companies filing patents in Korea. In terms of the types of industry, this new PPH MOTTAINAI program will benefit chemical engineering, electronics, and semiconductor sectors.

To implement the second MOU on PDX, TIPO and KIPO will also work together to complete relevant infrastructure for this collaboration. This collaborative exchange will save applicants’ time and money for postal delivery, streamline respective application procedures, accelerate examination work at both offices, as well as reduce storage space for printed documents.

TIPO and KIPO commenced the PPH MOTTAINAI program on July 1, 2015. For more information, please go to:
http://www.tipo.gov.tw/np.asp?ctNode=6713&mp=1

 
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TIPO and JPO commenced the program on mutual recognition of deposit of biological materials for the purpose of patent procedure on June 18, 2015

In November 2014, the Association of East Asian Relations and Interchange Association of Japan signed a memorandum of collaboration on mutual recognition of deposit of biological materials. Following the completion of relevant legal framework between TIPO and JPO, the two sides commenced the program on June 18, 2015. This memorandum is the first of its kind Taiwan has ever signed with a foreign country. In addition, Taiwan is the first country not party to the Budapest Treaty with which Japan has ever signed a memorandum to the aforementioned purpose. Under this program, applicants are allowed to make their deposits at a designated local depositary either in Taiwan or Japan. Currently, these depositaries include Taiwan’s Food Industry Research and Development Institute (FIRDI) and Japan’s International Patent Organism Depositary, NITE (NITE-IPOD) and NITE Patent Microorganisms Depositary (NPMD). Applicants that had made their deposits at respective depositaries prior to the program and obtained filing date on and after June 18, 2015 will not be required to repeat their deposits.
 
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USPTO’s Senior Counsel Mark Cohen visits TIPO

The USPTO’s Senior Counsel Mark Cohen, accompanied by AIT’s Economic Officer Kris Kvols, visited TIPO on June 2, 2015, to exchange views with Director General Wang on cross-Strait IPR exchanges and Taiwan-US IPR issues.
 
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Legislative Yuan passes amendment to the Patent Attorney Act

On June 12, 2015, the Legislative Yuan passed the third reading of the amendment to the Patent Attorney Act. Following its promulgation by the President on July 1, the Act will come into force six months later (January 1, 2016). Key revisions include the following: 1.Streamlining administrative procedures The provision requiring registration for practice made with competent authority is deleted. A patent attorney may apply for a patent attorney license with competent authority only after he has passed the patent attorney eligibility examination. 2.Allowing employment by a registered corporation In addition to setting up a law firm or working for a patent firm, a patent attorney can now be employed by a registered corporation. 3.Expanding scope of patent attorney practices The new patent attorney practices now include paent appeals and administrative litigation, patent infringement analysis, and patent affairs counseling. 4.Taking in-service training Both patent attorneys and patent agents are now required to continuously take in-service training and submit completion certificates for training to the competent authority every two years. 5.Imposing heavier punishments for patent attorney malpractice The amendment now imposes heavier punishments for the following kinds of malpractice: any person without a patent attorney certification who is commissioned to carry out practices specified by the Act with the intent to make a profit; and a patent attorney lending his seal to another person to handle relevant matters. In addition, malpractictioners will be directly given criminal punishment without administrative sanction as the current law stipulates. This will effectily deter patent attorney malpractice.
 
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2015 Asia Pacific IPR Forum

On June 8-9, 2015, TIPO and NTU’s College of Law co-hosted the 2015 Asia Pacific IPR Forum. Invited to this forum were Dean Sujit Choudhry and Professor Robert P. Merges of UC Berkeley School of Law, and Prof. Dr. Reto M. Hilty, Director of Max Planck Institute for Innovation and Competition, along with 46 keynote speakers and distinguished guests from Taiwan and abroad. Rounds of panel discussion were held to address the latest development in patent, trademark, copyright, antitrust laws, and trade secrets in the US, mainland China, Korea, and Japan. With 322 people in attendance, this two-day event enabled lively discussion and was very well received by all sectors.
 
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IPR Infringement Cases Processed by NPA in June 2015

The NPA uncovered a total of 716 IPR infringements in June 2015. Of which, 458 are trademark related and 258 are copyright related. Copyright infringements that involved foreign cases include 20 cases involving the U.S. and 15 cases involving Japan.
 
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