WP In the News
Winkler Partners in the news and professional activities of firm members
10 March, 2010
Winkler Partners Listed as One of Taiwan’s Top IP Firms
Winkler Partners was listed as one of Taiwan’s leading intellectual property firms in the latest print issue of Asian Legal Business (Issue 10.2) in the feature article “IP: The ultimate intangible.” The Web version of the article can be found here.
23 April, 2009
Christine Chen Featured in 'Managing Intellectual Property' Article on Record Trademark Case
Winkler Partners lawyer Christine Chen was featured in a Managing Intellectual Property magazine article on the recent Hermès case, which resulted in the largest award ever (NT$256 million, or c. US$7.7 million) for trademark infringement in Taiwan. More information about this case can be found in the post "Winkler Partners Lawyer Wins Taiwan's Largest Trademark Award".
18 April, 2009
Partner Peter J. Dernbach Featured in INTA Bulletin
Partner Peter J. Dernbach was recently featured in the International Trademark Association's (INTA) Bulletin. Peter has served on INTA's Design Rights Subcommittee of the Emerging Issues Committee for two terms and is now serving on the Nontraditional Marks Committee’s Asia-Pacific Subcommittee. The nontraditional marks subcommittee looks at the status of protection for non-traditional marks (e.g., sounds, scents) in East Asia and the Pacific.
Tagged: INTA , Peter Dernbach , trademark
10 April, 2009
Winkler Partners Lawyer Wins Taiwan's Largest Trademark Award
Winkler Partners lawyer Christine Chen represented the Hermès Group before Taiwan's new Intellectual Property Court in a successful trademark infringement action against a former saleswoman who sold fake Hermès bags to consumers in Taiwan. The Intellectual Property Court awarded Hermès NT$256 million (c. US$7.7 million) in damages, the largest award ever for trademark infringement in Taiwan.
The award was calculated by a provision in Taiwan's Trademark Act that allows a trademark holder to sue for 500 to 1500 times the amount for which infringing products are sold. In the Hermès case, the former saleswoman sold fake bags for an average price of NT$512,500. The court imposed the minimum multiple of 500 times.
The award suggests the vigor with which the Intellectual Property Court, which began hearing cases in July of 2007, will protect the intellectual property rights of foreign rights holders and an increased willingness to make significant awards of damages.
Significant awards of damages by Taiwanese courts in recent years have included awards of NT$740 million and NT$240 million in separate cases against copyright infringers who sold pirated computer software. Music copyright holders led by a local record company were also successful in forcing a Taiwanese online music service to settle allegations of copyright infringement for NT$350 million. Nonetheless, the Hermès case establishes that foreign litigants in trademark infringements involving luxury goods can also receive significant awards.
The award was today's front page story in Apple Daily, Taiwan's largest circulation Chinese-language daily. It also received extensive coverage in the island's electronic media due to strong consumer interest in luxury brands and the widespread problem of fakes.
For more information on the Hermès case or Winkler Partners' IP practice, please contact Peter Dernbach.
Tagged: Christine Chen , Peter Dernbach , trademark
19 August, 2008
Robin Winkler Featured in Taipei Times
Founding partner Robin Winkler is featured in the first issue of the Taipei Times' "Community Compass" page. Robin, a former member of Taiwan's Environmental Impact Assessment Commission, is also an expert on Taiwan's environmental laws and development policy.
Tagged: Robin Winkler
14 April, 2008
Winkler Partners Joins '1% for the Planet'
Winkler Partners Attorneys at Law of Taiwan and Foreign Legal Affairs is proud to announce its membership in "1% for the Planet", an international alliance of companies that recognize the true cost of doing business. Member companies donate at least one percent of their sales to a network of more than 1,500 environmental organizations worldwide. Winkler Partners has committed to donate at least three percent of its revenues to environmental and social groups.
"1% for the Planet" was founded in 2001 by Yvon Chouinard, founder of Patagonia, Inc., and Craig Mathews, owner of Blue Ribbon Flies, and now boasts membership of over 700 businesses from around the world, with donations approaching USD 30 million. Members of the alliance are committed to the health of the environment, and strive for corporate responsibility.
18 January, 2008
Partner, Associate Contribute to World Bank's Doing Business 2008
Partner Chen Hui-ling and Associate Shan Lee have contributed to the "Starting a Business" chapter in the World Bank's "Doing Business 2008" project. The Doing Business project provides objective measures of business regulations and their enforcement in 178 countries. Doing Business 2008 is available as a free download or purchased in book format, with topics ranging from starting a business, to obtaining licenses and paying taxes. According to the World Bank, Taiwan ranked seventh in ease of doing business and 17th in starting a business among 24 countries in the East Asia and Pacific region. The island ranked 50th worldwide in total ease of doing business, placing it ahead of China (83), Italy (53) and Brazil (122), among other countries.
Tagged: Chen Hui-ling , corporate , finance , investment , Shan Lee
18 December, 2007
Winkler Partners Green Office Profiled by Da Ai TV
Founding partner Robin Winkler discusses the successes and challenges WP has faced in greening our office on Da Ai Television's "Grassroots Bodhisattva" program at 6:00pm this Friday evening (Dec. 21). Da Ai, which broadcasts on Channel 9, is operated by the Tzu Chi Foundation, Taiwan's largest Buddhist charity and international relief organization. The interview is in Mandarin and will be repeated at 1:00AM on Dec. 24th.
12 December, 2007
Winkler Partners Profiled on Taiwan Public Television
A story profiling Winkler Partners' efforts to green our office and reduce carbon emission will be broadcast in Mandarin on Taiwan Public Television's Our Island program Friday Dec. 14th at 9:00pm.
Our Island, which has been on air since November 1998, covers environmental issues in Taiwan. Recent stories have included features on the Formosa Plastic Group's controversial steel mill in Yunlin County and the deteriorating quality of Taiwan's agricultural land. Past programs can be be viewed online.
08 December, 2007
Partner presents report to INTA Board
On November 7, as the chair of the Design Rights Subcommittee of International Trademark Association's (INTA) Emerging Issues Committee, WP's Peter Dernbach presented the Subcommittee's report to the INTA Board at the INTA's 2007 Leadeship Meeting held in Orlando Florida. The report addressed areas in which the legal regimes protecting designs complement or conflict with the laws protecting trademarks.
The Design Rights Subcommittee recommended that INTA continue to follow the issues in this developing area by extending the mandate of the Subcommittee. Among these was a recommendation that in its next term the Subcommittee focus on a pair of cases in the US courts that appear to be reviving the notion that the expiration of a design patent precludes subsequent protection of the design as a trademark. This is counter to the consensus in most other jurisdictions, and has serious implications for trademark and design owners.
The INTA Board accepted the Subcommittee's report and agreed with its recommendations.
For the 2008-2010 term, Peter has been appointed to the East Asia and Pacific Subcommittee of the Non-Traditional Marks Committee. This subcommittee will look at the status of protection for non-traditional marks (e.g., sounds, scents) in East Asia and the Pacific.
Tagged: INTA , Peter Dernbach , trademark
21 November, 2007
Robin Winkler Interviewed by Bloomberg News
Founding partner Robin Winkler noted in a recent interview with Bloomberg News that major new development projects approved by the Cabinet between 2005 and 2007 will increase Taiwan's carbon emissions by 43%. Taiwan was recently identified by Carbon Monitoring for Action as having the world first and fourth biggest power plants as measured by carbon emissions. Robin is a former member of Taiwan's Environmental Impact Assessment Commission and an expert on Taiwan's environmental laws and development policy.
Tagged: energy , Robin Winkler
02 October, 2007
Robin Winkler Profiled for Environmental Work
Founding partner Robin Winkler was profiled in the September 27th issue (subscription required) of Next Magazine, Taiwan's largest circulation Chinese-language news magazine. Robin, who has practiced law in Taiwan for 30 years, is a prominent member of Taiwan's environmentalist community.
In 2003, he founded Taiwan's first legal defense fund, and in 2005 he was appointed by then-premier Frank Hsieh to the Environmental Protection Agency's Environmental Impact Assessment Commission. As a Commissioner, Robin worked on a number of key development projects including the US$3 billion Suhua Freeway project, the Central Taiwan Science Park, and the US$4 billion Formosa Plastics Group offshore steel mill in Yunlin County.
Tagged: Robin Winkler
26 September, 2007
Taiwan Review on Translation
Paul Cox of the Winkler Partners translation department is quoted at some length in a Taiwan Review article on the translation industry in Taiwan. Paul teaches a course on legal translation at the Graduate Institute of Translation and Interpretation Studies at Fu Jen Catholic University in Taipei and currently working on a translation of Taiwan's recently overhauled Civil Code.
Tagged: Paul Cox , translation
13 August, 2007
Associate Works on GPL Licensing Compliance
Winkler Partners Associate Liu Yen-ling is working on a pro bono basis with the Free Software Foundation Europe and gpl-violations.org to help educate Taiwanese IT manufacturers about compliance with Free Software licences. The project involves reviewing and localizing guides in Traditional Chinese for GNU GPL (version 2) aimed at users and OEMs/OEDs.
Yen-ling has handled a number of complex software infringement and licensing cases for major US and Taiwanese software firms. For more information, contact Liu Yen-ling at +886-2-2311-2345 ext. 543.
Tagged: IP
27 November, 2003
Music Industry Rejoices Over File-Sharing Victory (Taipei Times)
A decision in the legal case against a 22-year-old man surnamed Chung who shared music files over the Internet...Download Full PDF
Tagged: copyright , IP
09 October, 2003
Biotech Experts Urge Taiwan to Protect Drug Patents (Taipei Times)
Taiwan needs to protect research data that looks into new uses for drugs that are no longer covered by patent in line with WTO...Download Full PDF
Tagged: IP , patent
13 August, 2003
Legal Revisions Hurt FTA Chances, IPR Experts Say
Intellectual-property-rights (IPR) experts said yesterday that a free-trade agreement (FTA) between Taiwan and the US may have been scuttled...Download Full PDF
Tagged: IP , trade
08 August, 2003
BOT Projects Fail to Catch Eye of Foreign Investors (Taipei Times)
The government opened dozens of public construction projects to private investors yesterday in an attempt to ease its financial burden...Download Full PDF
Tagged: investment , trade
02 August, 2003
Montblanc Wins Landmark Case (Taipei Times)
Intellectual property rights (IPR) experts yesterday welcomed a landmark win in the Panchiao District Court...Download Full PDF
Tagged: IP , trademark
01 August, 2003
Winkler Partners: Taiwan's First Linux-Powered Law Firm (Dr. Linux)
Tagged: Miscellaneous
12 July, 2003
IPR Chief Dismisses Concerns of Recording Industry (Taipei Times)
Taiwan's top defender of intellectual property rights (IPR) yesterday shrugged off criticism from the music industry that the country is one of the worst...Download Full PDF
Tagged: copyright , IP
09 July, 2003
Lite-On Joins Via's Patent-Infringer List (Taipei Times)
Lite-On IT Corp., a manufacturer of CD and DVD drives for computers, joined the list of...Download Full PDF
Tagged: IP , patent
18 June, 2003
Businesses Try to Make Sense of Copyright Law (Taipei Times)
The entertainment industry and intellectual-property-rights (IPR) experts are still trying to make sense of the new Copyright Law...Download Full PDF
Tagged: copyright , IP
12 June, 2003
IPR Law Creates Confusion (Taipei Times)
Amendments to the Copyright Law passed by the Legislative Yuan last Friday are sending out mixed messages...Download Full PDF
Tagged: copyright , IP
07 June, 2003
Big Changes to Copyright Law Praised (Taipei Times)
Officials at the American and European chambers of commerce in Taipei gave a thumbs up yesterday to radical changes in the Copyright Law...Download Full PDF
Tagged: copyright , IP
04 June, 2003
Taiwan Grabs Software Piracy by the Tail (Taipei Times)
Software piracy has dropped by 10 percent in Taiwan...Download Full PDF
Tagged: copyright , IP
01 June, 2003
Protecting Intellectual Property Rights in Taiwan (Taiwan Formula)
In Taiwan's request to transform itself into a regional R&D center...Download Full PDF
Tagged: IP
03 May, 2003
Taiwan Irked to Find Its IPR Measures Still Not Adequate (Taipei Times)
Taiwanese authorities expressed disappointment yesterday at being listed among the world's most prolific counterfeitersDownload Full PDF
Tagged: IP
22 April, 2003
The Environment Needs a Good Lawyer (Taiwan News)
On Earth Day, environmental issues and the need for environmental conservation...Download Full PDF
Tagged: Miscellaneous
04 April, 2003
Software Producers Up Reward for Piracy Tips (Taipei Times)
A software industry association yesterday tripled its top reward for turning in software pirates...Download Full PDF
Tagged: IP
27 March, 2003
IPR Bill Strengthens Police Powers (Taipei Times)
The Intellectual Property Office (IPO) under the Ministry of Economic Affairs yesterday released a draft...Download Full PDF
Tagged: IP
25 March, 2003
Conference Addresses High-Tech Sector IPR Issues (Taipei Times)
While Taiwan has done a sterling job in creating laws to protect intellectual property rights...Download Full PDF
Tagged: IP
19 February, 2003
Pirates Have Governments Under Siege (Taipei Times)
Premier Yu Shyi-kun's plans to beef up Taiwan's anti-piracy measures maybe be too little too late...Download Full PDF
Tagged: copyright , IP
30 January, 2003
Cabinet Panel to Boost Private Sector Involvement in Projects (The China Post)
The Executive Yuan (Cabinet) recently announced...Download Full PDF
Tagged: commercial , trade
07 January, 2003
English Bulletins to Attract Foreign Suppliers (The China Post)
Tagged: commercial , trade
03 January, 2003
Movie Industry Uses War Chest to Attack Piracy (Taipei Times)
The US-based Motion Picture Association has set up a NT$ 1 million war chest...Download Full PDF
Tagged: copyright , IP
02 December, 2002
Counterfeit Ring Selling Branded Products Busted (Taipei Times)
Following a bust of fake luxury-brand clothing...Download Full PDF
Tagged: IP
02 November, 2002
Food Sector Fails to Protect Local Culinary Delights (Taipei Times)
Farmers and food processors need to protect their intellectual property (IP) before foreigners snap up the right...Download Full PDF
