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Guidelines for the examination of patent applications involving traditional intellectual creations of indigenous peoples comes into effect on June 26, 2017

  • Date Posted:2017-07-20
Guidelines for the examination of patent applications involving traditional intellectual creations of indigenous peoples comes into effect on June 26, 2017
Guidelines for the examination of patent applications involving traditional intellectual creations of indigenous peoples comes into effect on June 26, 2017

The indigenous peoples in Taiwan are very unique in terms of their religious ceremonies, music, dance, songs, sculptures, weaving, patterns, clothing, folk crafts, and any other expression of the cultural achievements. To respect their traditional culture and protect the intellectual property rights of their creations, TIPO has recently drawn up a set of guidelines for the examination of patent applications involving traditional intellectual creations of indigenous peoples. By so doing, it is hoped that the prior art in relation to indigenous skills or craftsmanship that have been publicly disclosed will not be neglected during the examination process and judgements made by examiners will become more consistent. The guidelines have come into effect on June 26, 2017.

In the future, when examining relevant cases, in addition to using all types of search tools available to look for prior art, TIPO examiners will also seek help from the Council of Indigenous Peoples if necessary, in the hope of providing more comprehensive protection to intellectual creations of indigenous peoples.