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Tag Archives: Intellectual Property

Security interests in IP rights in Taiwan

Security interests in IP may be recorded with the Taiwan Intellectual Property Office (TIPO) as a pledge, either by the rights owner or by the pledgee. The recordal of IP security interests in Taiwan only applies to registered trademarks or granted patents. A pending trademark or patent application may not be the subject of a [...]

Best practices to avoid trade secret theft

For companies taking a long-term view of protecting their intellectual property rights, trade secrets may offer an appealing alternative to a patent-based approach. Each option comes with its own tradeoffs. A patent provides its owner with an enforceable monopoly on the patented innovation, but only for a limited time, after which the owner will lose [...]

A look at likely changes to divisional invention applications

Taiwan’s Intellectual Property Office (TIPO) has proposed further changes to the Patent Act that if passed would benefit patent applicants, and bring Taiwan’s patent regime further in line with the international community. In this article, we will outline one of the possible changes, divisional applications. The Status Quo Under Taiwan’s patent laws, invention patent applications [...]

Do trademark rights owners have recourse against similarly transliterated names?

Chinese, like many languages, has established commonly-followed conventions for transliterating names in foreign languages. Names of famous people, brands and companies however often find themselves the target of infringement, as we have explored before. A recent case before Taiwan’s IP Court highlighted issues surrounding the transliteration of foreign language words into Chinese characters, and the [...]

WP recommended by the Legal 500

Six of Winkler Partners’ practice areas have been recommended by The Legal 500 as part of their research into legal service providers in the Asia Pacific region for 2018. For the first time, our employment practice was ranked in the first tier with Partner Christine Chen also listed as a Leading Individual. The Legal 500 [...]

Assessing design infringement under the revised Directions for Determining Patent Infringement

In February 2016, the Taiwan Intellectual Property Office (TIPO) issued the revised “Directions for Determining Patent Infringement” (“Directions”), which include substantive changes regarding how Taiwan courts assess infringement of design patents. Prior to revision, the Directions employed a two-step test to determine design patent infringement: 1) the “ordinary observer test;” and 2) the “point of [...]

WP welcomes new associates

We recently welcomed several new members to our legal team. Brian Yang joins Winkler Partners from a well-known Taiwanese law firm. He will be focusing on intellectual property enforcement matters, investments, employment and dispute resolution. Brian is admitted to practice in Taipei. Danny Yang has joined our Legal Translation Department, where he will be specializing [...]

Amendments to Trade Secrets Act proposed

The Taiwan Intellectual Property Office (“TIPO”) has recently held a series of public hearings on proposed amendments to Taiwan’s Trade Secrets Act (the “Act”). The amendments under discussion include provisions that would give foreign corporations standing to bring private prosecutions for trade secret misappropriation and extend trade secret protection to foreign nationals from jurisdictions that [...]

Two strategies for speeding up patent applications

In this article, we explore two options available to intellectual property holders in expiditing patent applications in Taiwan. Electronic Priority Document Exchange (“PDX”) An Electronic Priority Document Exchange (“PDX”) agreement between the Taiwan Intellectual Property Office (TIPO) and its Korean counterpart, the Korea Intellectual Property Office (KIPO), went into effect on 1 January 2016. This [...]

WP recommended by The Legal 500

Five of Winkler Partners’ practice areas have been recommended by The Legal 500 as part of their research into legal service providers in the Asia Pacific region. Our insurance practice, led by partner Chen Hui-ling was ranked in the top tier for the fifth consecutive year, and noted for a particular strength in D&O insurance. [...]

 

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