The 2024 Taiwan-Japan Intellectual Property Symposium, a collaborative effort of the organizers Taiwan-Japan Relations Association and Japan-Taiwan Exchange Association, in partnership with Taiwan Intellectual Property Office (TIPO), opened on February 2, 2024 (Friday) at the NTU College of Law Tsai Lecture Hall. Remarks were delivered by distinguished guests including Taiwan-Japan Relations Association Deputy Secretary-General Ching-Hung Lin, Japan-Taiwan Exchange Association Deputy Representative Dr. Takashi Hattori, Taiwan Intellectual Property Office (TIPO) Director-General Dr. Cheng-Wei Liao. And also, Japan Patent Office (JPO) Director-General of Policy Planning and Coordination Department, Mr. Mikiharu Shimizu made some closing remarks which summarized the main points of the symposium.

Speakers invited to the symposium included Director Masashi Omine from JPO Design Registration System Planning Office, Chief Judge Huei-Ju Tsai from the IP and Commercial Court, Senior Patent Examiner Ming-Feng Hsu from TIPO Patent Administration & Planning Division, and IP Lawyer Kaoru Kuroda from Abe, Ikubo & Katayama. Topics covered the protection of digital designs under the Japanese Design Act, the relationship between the metaverse and design patents, case studies of the utilization of design patent rights in Japan, and judicial practices of design patents in Taiwan.

First, Director Masashi Omine gave an introduction to Japan’s Design Act, recent trends in design applications related to images, buildings, and interior decorations, as well as key revisions in the practical application and Examination Guidelines for Designs Including a Graphic Image. Senior Patent Examiner Ming-Feng Hsu then discussed international case studies related to the metaverse and practical protection of cross-disciplinary design applications, i.e. design patent infringement case against the Detroit Red Wings, and the invalidation of Candy Crush virtual candies in the EU.

In addition, IP Lawyer Kaoru Kuroda from Japan shared examples of the utilization of design patent rights in Japan, highlighting the criteria for determining design patent infringement. Finally, Chief Judge Huei-Ju Tsai from the IP and Commercial Court used specific judicial cases in Taiwan to explain the process of design evaluation in the courts, including the overall observation, comparison of "common features" and "differential features," methods for ordinary consumers to determine whether they are similar, and key points to consider in visual effect judgments.

The 2024 symposium garnered over 140 participants from the industry, government, and academia, who engaged in extensive exchange with experts from both Taiwan and Japan. By providing detailed information on regulations and relevant practices, TIPO hopes to facilitate better public understanding for the design patent regime and judicial practices of Taiwan and Japan. TIPO also hopes that it will serve as a reference for Taiwanese companies when applying for design patents and setting up patent portfolios in Japan.

• Publish Date : 2024-02-15
• Update : 2024-02-15
• Organization : International Legal Affairs Office
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