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Tag Archives: Intellectual Property

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. [...]

Scotch Whisky mark registered in Taiwan

The Taiwan Intellectual Property Office (TIPO) has announced the registration of certification marks for “SCOTCH WHISKY” in English and Chinese characters (蘇格蘭威士忌) by the Scotch Whisky Association (SWA). The SWA have heralded the registrations as “a legal breakthrough” that will give consumers even greater confidence in the quality of what they are buying as well [...]

Christine Chen quoted in Asia IP on insolvency

Partner Christine Chen was quoted in the August edition of Asia IP Magazine on intellectual property issues arising from insolvency. The article explores how IP holders must pay particular attention to how their IP is valued, even when some suggest that arriving at a correct value is ‘part science, part art’. Regardless of the difficulty [...]

 

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