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Tag Archives: Intellectual Property

Exploring statistics at the Taiwan Intellectual Property Court: part I overview

Since its inception in 2008, the Intellectual Property Court (“IP Court”) has heard thousands of civil, criminal and administrative actions concerning Intellectual Property Rights (“IPR”). In part one of this report, we examine statistical data from multiple sources*, shedding light on the operations of the IP Court over the past twelve years. The IP Court [...]

Hearings for patent invalidation cases

In Taiwan, patent invalidation proceedings usually involve the submission of written pleadings and defenses, as well as the submission of evidence. In March 2018, the Taiwan Intellectual Property Office (TIPO) implemented new guidelines for patent invalidation cases and introduced a hearing system into the process. The new system provides the opportunity for both parties to [...]

When claiming trademark priority in Taiwan, choice of country can make a difference

When filing a trademark application in Taiwan, an applicant may use the first application filed in a foreign jurisdiction to serve as a basis for a priority claim under certain conditions. While the Taiwan Trademark Act allows an applicant to claim priority within 6 months of the first filing date of the foreign application, it [...]

TIPO announces directions on third-party observations regarding trademark applications

The Taiwan Intellectual Property Office (TIPO) has released “Operational Directions on Trademark Applications Submitted by Third Parties”, which allow third parties to provide written observations to the TIPO regarding pending trademark applications. The TIPO hopes that this will lead to more objective decisions. The Directions are effective as of 20 June 2019. According to the [...]

Can special features of a celebrity’s appearance be used to sell goods?

Given the special attention the public pays to famous people, many businesses have invited celebrities to endorse their products or services as a way of increasing their exposure and improving sales. However, the cost of obtaining such celebrity endorsements can be prohibitively expensive, forcing businesses to take a step back. In such cases, would it [...]

WP ranked as top tier IP firm

Winkler Partners has been ranked as a top tier firm for intellectual property by the World Trademark Review. Only three law firms in Taiwan appear in the top tier for 2019. In their annual WTR1000 report, The World Trademark Review says that our “successful record in disputes and major clearance and prosecution projects [that] really [...]

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 [...]

 

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