Taiwan government recently announced that amendments to the confiscation provisions of Article 98 under Trademark Act, Article 98 under Copyright Act, and Articles 15, 17 under Optical Disk Management Act were promulgated on November 30, 2016 by Presidential Decree. Also, Article 98 under Trademark Act was effective from December 15,…

The Trademark Act in Taiwan was enacted and promulgated on May 6, 1930, followed by its Enforcement Rules promulgated in December of the same year, and both then enforced starting from January 1, 1931. Since then the Act was revised for 13 times, accompanied by the enactment, promulgation and amendment…

Under the current Taiwan Trademark Act, it is expressly stipulated that a trademark shall not be registered if it is identical or similar to a famous mark, and it shall be deemed infringement of the trademark right by knowingly using such famous trademark without the consent of its owner. In…

In China, measures for the reduction or postponement of the payment of patent fees were implemented on November 13, 2006. Due to the rapid economic development, the Chinese government found some of the provisions could not meet the current demand and thus revised the measures. The new measures for the…

Unlike some other countries which have separate laws on design and patent, the patent system in Taiwan includes invention, utility model and design under the same Act. There were comprehensive revisions including the design patent before the prevailing Taiwan Patent Act took effect as from January 1, 2013. The protection…

When filing a patent or trademark application in Taiwan, it is required to state the applicant’s name (and also the representative’s name for a corporate applicant), address and nationality in the application form. Currently, all application forms available from Taiwan Intellectual Property (TIPO) are in Chinese only, and the filing…

I. GENERAL RULES In Taiwan, for trademark right transfer, it is referred to as “transfer”(移轉), whereas for patent right transfer, it is referred to as “assignment”(讓與). (Hereinafter they will all be referred to as “assignment”) In recordal of patent assignment or relevant change of particulars, the recordal could be filed…

Below are the main changes related to these amendments in connection with the foreign patent applicants or patentees. Now such restriction has been repealed in order to comply with the international practice. If a patent application is filed to claim the priority of a foreign basic application, a certified priority…