Content

Tag Archives: IP

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 [...]

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 [...]

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 [...]

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 [...]

Regulations amended to strengthen border control measures protecting trademarks

The Taiwan Customs Administration, Ministry of Finance, amended the Regulations Governing Customs Measures in Protecting Rights and Interests in Trademarks (“the Regulations”) on 30 December 2016. The amendment is aimed at providing more complete protection for the rights of trademark holders and strengthening border control measures by Taiwan Customs against trademark-infringing goods. It also is [...]

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 [...]

Egyptian Goddess lives on in Taiwan

In Taiwan, when deciding design patent infringement cases, the Intellectual Property Court (IP Court) will refer to the Directions for Determining Patent Infringement issued by the Taiwan Intellectual Property Office (TIPO). These Directions were recently amended to expressly incorporate the holding of the Egyptian Goddess, Inc. v. Swissa, Inc. decision handed down by the United [...]

A door opens: alternative remedies in Taiwan trademark squatting cases

In cases involving trademark squatters, the main remedies available to brand owners are filing an invalidation or opposition action against the squatter with the Taiwan Intellectual Property Office (“TIPO”) in an attempt to cancel or revoke the registration. However, the statute of limitations bars a brand owner from filing an invalidation or opposition if five [...]

WP to attend INTA Annual Meeting

From 21-25 May, 2016, Winkler Partners intellectual property team members will attend the 138th Annual Meeting of the International Trademark Association (INTA) in Orlando, Florida. According to the event website, this year’s meeting will include more than 300 educational events, workshops, talks by regional trademark offices, courses on international trademark law and advanced mediation training. [...]

Peter Dernbach recognized as IP leader

Head of our intellectual property practice Peter Dernbach has been included in World Intellectual Property Review’s WIPR Leaders 2016. The WIPR Leaders list features “1408 individuals worldwide recognized by their peers as the best and the brightest in IP private practice”. In order to complete the list, over 15,000 in-house counsel and private practice attorneys [...]

 

Archives