Subsequent to the promulgation of the revised Patent Law on February 6, 2003 (see UNION PATENT NEWSLETTER of March 1, 2003), the Executive Yuan (the Cabinet) announced on March 31, 2003, the abolishment of criminal penalty against utility model or design patent is to become effective as from March 31, 2003.. As a result of this announcement, only civil action may be initiated against an infringer when patent infringement (including invention, utility model or design) occurs. As to the Patent Law where the revision provided the repeal of substantive examination on a utility model patent application and abolishment of opposition system, it is anticipated that said provisions would become effective some time in early 2004.
TAIWAN ABOLISHES CRIMINAL PENALTY AGAINST INFRINGEMENT OF UTILITY MODEL OR DESIGN PATENT FROM MARCH 31, 2003
