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21TIPO’s Q3 2024 IPR Statistics Report
I. Overall Trends in Patent and Trademark ApplicationsIn the third quarter of 2024, TIPO received a total of 18,267 patent applications across three categories: 12,739 for invention patents, 3,679 for utility model patents, and 1,849 for design patents, representing a slight 0.2% decrease compared to the same period in 2023. Notably, invention patent applications have exhibited a gradual upward trend over the past five years during the third quarter. Resident applicants accounted for 49% of the total patent applications, while non-resident applicants contributed 51%. Compared to the previous year, applications from resident applicants decreased by 2%, whereas those from non-resident applicants increased by 2% (Figure 1).In the third quarter of 2024, a total of 23,304 trademark applications (covering 29,258 classes) were filed, representing a 1% decrease compared to the same period last year. Among these, resident applicants accounted for 77% and non-resident applicants for 23%. Over the past two years, trademark applications during the third quarter have shown a downward trend, with this year’s decline narrowing to 1% (Figure 2).II. Overview of Patent Applications Filed by ResidentsTop Ten Invention Patent ApplicantsResidents filed 4,857 invention patent applications, with enterprises accounting for 3,881 of these applications. Among the top ten applicants, TSMC ranked first with 331 applications, followed by AU Optronics (99), Inventec (94), Nanya Technology (88), Innolux (84), Delta (81), Hon Hai (76), UMC (75), Realtek (73), and MediaTek (66)(Figure 4). It is worth noting that TSMC has maintained the top position for nine consecutive years since the third quarter of 2016. Delta achieved a record high number of applications, while Hon Hai showed rapid growth, indicating their strategic intent in patent portfolio development.Top Five Design Patent ApplicantsResident applicants filed 790 design patent applications. Among the top five applicants, Tarng Yu led with 16 applications, followed by CGUST and Hsien Chang Optical (both 13). Acer and L&F Plastics ranked next (both 12)(Figure 5). Among them, Hsien Chang Optical set a new record for the number of applications filed, as well as for its own ranking.Overview of Patent Applications Filed by Non-ResidentsFiling Countries (Regions) of Invention Patent ApplicantsNon-residents filed 7,882 invention patent applications. The top five countries (or regions) were Japan with 3,058 applications, followed by the US (1,724), mainland China (898), R. Korea (872), and Germany (252)(Figure 3). In particular, applications from R. Korea have gradually increased, indicating its growing emphasis on strengthening patent portfolios in Taiwan.Top Ten Invention Patent ApplicantsAmong the top ten non-resident applicants for invention patents, Applied Materials from the US filed 254 applications, regaining the top position. It was followed by Samsung Electronics (222) from R. Korea, Qualcomm (202) from the US, Coupang from R. Korea and Tokyo Electron from Japan (both 175), Nitto Denko (101) from Japan, Fujifilm (91) from Japan, ASML (90) from the Netherlands, Kioxia (83) from Japan, and Resonac (71) from Japan (Figure 4). Notably, both Applied Materials and Tokyo Electron achieved record-high filing numbers.Filing Countries (Regions) of Design Patent ApplicantsNon-resident applicants filed 1,059 design patent applications. The top five countries (or regions) were Japan, leading with 221 applications, followed closely by the US (220), mainland China (210), Germany (83), and Switzerland (76) (Figure 3). Significantly, the US was nearly on par with Japan in filing numbers, while mainland China trailed closely behind.Top Five Design Patent ApplicantsAmong the top five non-resident applicants for design patents, Apple (US) led with 50 applications. It was followed by Beijing Roborock from mainland China and BMW from Germany (both 40), China Wonderland (27) from mainland China, and Ford Global Technologies (25) from the US (Figure 5). Notably, Apple retained its leading position, reflecting its strategy of protecting new products through design patents, while Beijing Roborock achieved a record-high number of filings.Overview of Trademark Registration ApplicationsTop Ten Resident Applicants for TrademarksResident applicants filed 17,962 trademark registration applications. Among the top ten applicants, Uni-President ranked first with 236 applications, followed by Bao-Hu Temple Tian-Di Hall (106), Wu, Ruo-Mei (103), Chunghwa Telecom (84), Go Far (78), R&R Medical (67), Cathay Financial Holdings (60), Cathay Life Insurance (55), Microjet Technology (50), and Gamania Digital (44)(Table 1).NICE Classification of Resident ApplicationsThe top three trademark application categories filed by resident applicants were as follows: Class 35 (advertising, business management, retail and wholesale services, etc.) with 3,496 applications, Class 43 (restaurants, lodgings, etc.) (1,629), and Class 30 (coffee, tea, pastries, etc.) (1,481) (Figure 7). This indicates that trademark filings in Taiwan are primarily concentrated in areas related to business operations, consumer services such as hotel and dining, and consumer foods like coffee and pastries.Filing Countries (Regions) of Non-Resident ApplicationsNon-resident applicants filed 5,342 trademark registration applications. The top five countries (or regions) were mainland China, with 1,472 applications, followed by Japan (837), the US (693), R. Korea (540), and Hong Kong (317) (Figure 6). Except for the US, the number of applications from the other four countries (or regions) increased by 15% to 47%.Top Ten Non-Resident Applicants for Trademarks The top ten non-resident applicants for trademark registration were led by Hong Kong's CUYI with 50 applications, followed by Beijing Roborock (44) from mainland China, Boehringer Ingelheim (39) from Germany, Tencent (37) from Cayman Islands, Shizutetsu (34) from Japan, Frasers Property from Singapore and Beijing Jingdong from mainland China (both 32), L'Oreal (28) from France, and LG H&H and HanGo from R. Korea (both 24) (Table 2). NICE Classification of Non-Resident ApplicationsThe top three trademark application categories filed by non-resident applicants were as follows: Class 9 (computers and technology products, etc.) with 985 applications, Class 35 (advertising, business management, retail and wholesale services, etc.) (589), and Class 3 (cosmetics and detergents, etc.) (579) (Figure 8). Non-resident applicants primarily focused on trademark registration for computer and technology products under Class 9.Analysis of Applications by IndustryMost trademark applications were classified under “Agriculture” with 5,844 applications, followed by "Health" (4,810), and "Business Services" (4,628) (Figure 9).Among the top three industries for trademark applications, resident applicants are concentrated in "Agriculture" with 4,714 cases, primarily for trademarks related to restaurants and accommodations. Non-resident applicants have the highest number in "Research and Technology" with 1,514 cases (Figure 9). Additionally, resident applicants saw a 2% increase in filings under the "Health" category, while non-resident applicants experienced a 22% increase in filings under the "Agriculture" category, with both showing growth.Note: The above statistical data is based on the “first applicant” of the applications when referencing applicants and nationalities.Reference URL: https://www.tipo.gov.tw/en/lp-302-2.html
22TIPO Launches New Trademark Search System
To improve usability and support mobile browsing, TIPO has launched a new Trademark Search System with simplified and advanced search features to meet the needs of different users. The new system also increases the number of displayed search results to 1,000 entries, reducing the need to repeatedly narrow search criteria.The old system will no longer be available from March 2025. Users are encouraged to switch to the new system.
23TIPONet Expands Online Services for Changing Applicants’ Representatives
To facilitate changes for patent and trademark applicants and reduce the need for administrative correspondence between applicants and TIPO, TIPO has expanded the online services available through TIPONet. Starting October 15, 2024, applicants can now use the platform to change their representatives. After logging in to TIPONet, applicants or their patent agent can select the "Applying for a patent/Changing Online" feature to modify basic case information, including:1. The name of the applicant’s representative in Chinese and English.2. The applicant and their patent agent’s address in Chinese and English, phone number, and email address.For assistance with technical issues, please contact the TIPONet Customer Service Line or Email: [email protected].
24TIPO Releases 2023 Trends & Comparisons: Taiwan Invention Patent Applications and WIPO PCT Applications
The 2023 Trends & Comparisons: Taiwan Invention Patent Applications and WIPO PCT Applications released by TIPO revealed that WIPO received an estimated 272,600 PCT invention patent applications in 2023, a 1.8% year-on-year decrease, ending a 13-year growth streak. In contrast, TIPO received 50,854 applications, marking a 1.2% increase.In 2023, the top three technical fields for WIPO applications were Computer Technology (10.2%), followed by Digital Communication (9.4%) and Electrical Machinery, Apparatus, and Energy (7.9%). For TIPO, the top field was Semiconductors (15.0%), followed by Computer Technology (9.1%) and Electrical Machinery, Apparatus, and Energy (6.1%).Regarding the primary countries/regions and their focus areas under WIPO patent filings, China had the highest share in Digital Communication (15.6%), while the United States focused most heavily on Computer Technology (12.9%). Japan (11.3%) and Germany (11.8%) predominantly filed in the field of Electrical Machinery, Apparatus, and Energy, whereas South Korea showed an equal focus on Electrical Machinery, Apparatus, and Energy and Digital Communication (both at 11.2%). In comparison, Taiwan, China, the United States, Japan, and South Korea all ranked Semiconductors as the top field under TIPO filings, with shares ranging from 12.5% to 25.7%.Under WIPO patent publications, China’s Huawei ranked first for the seventh consecutive year with 6,494 applications, followed by South Korea’s Samsung Electronics (3,924 applications) and the United States’ Qualcomm (3,410 applications). For TIPO patent publications, TSMC (Taiwan Semiconductor Manufacturing Company) took the top spot for the fifth consecutive year with 1,582 applications, followed by Applied Materials (794 applications) from the US, Samsung Electronics (747 applications) from South Korea, and Qualcomm (695 applications) from the US. Notably, both Samsung Electronics and Qualcomm were included among the top 10 applicants in WIPO and TIPO filings.For WIPO, six of the top 10 applicants, including Huawei, focused most heavily on the Digital Communication field. Huawei, in particular, allocated 41.8% of its filings to Digital Communication, followed by Computer Technology (22.7%) and Telecommunications (9.5%), comprising a combined share of 74.0%. Under TIPO, six of the top applicants, including TSMC, concentrated on Semiconductors, with TSMC allocating the largest proportion at 78.1%.Samsung Electronics displayed contrasting filing priorities between WIPO and TIPO, with Digital Communication as the top field for WIPO and leading with Semiconductors for TIPO. Qualcomm, however, maintained Digital Communication as its highest-priority field across both WIPO and TIPO, demonstrating minimal variation in its filing strategy.In Taiwan, Hsinchu City recorded the highest number of invention patent applications with 4,842 filings, setting a new all-time high. It was followed by Taipei City (3,058 filings) and New Taipei City (2,989 filings). The combined filings from the Taipei-Hsinchu region accounted for 72.4% of all domestic invention patent applications.The 2023 Trends & Comparisons: Taiwan Invention Patent Applications and WIPO PCT Applications is now available on TIPO’s official website for public reference.
25TIPO Releases the Patent Trends on Wastewater Treatment and Recycling Technologies in Semiconductor Industry Report
In line with Taiwan's vision for the sustainable development of the semiconductor industry, TIPO has released the Patent Trends on Wastewater Treatment and Recycling Technologies in Semiconductor Industry Report. The report shares concrete case studies and offers an in-depth analysis of patent development and technology trends in this field, serving as a key reference for industry efforts in promoting green transformation.The report highlights that over the past 20 years, there has been a significant increase in global patent applications related to wastewater treatment and water recycling technologies, reflecting the strong focus of businesses on sustainability and ESG (Environmental, Social, and Governance) issues. Through advancements in wastewater recovery and water recycling technologies, the global semiconductor industry has made notable progress toward sustainable water resource management. As one of the world’s major producers of semiconductor components, Taiwan has a well-established industry chain and technological foundation, with R&D achievements comparable to those of the US, Japan, and Europe. This contributes significantly to Taiwan's goal of achieving net-zero transformation by 2050.
26TIPO Publishes English Version of Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 6 “Amendments”
TIPO has released the English version of the Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 6 “Amendments” to enhance the international IP community’s understanding of Taiwan’s patent examination process.This chapter outlines the appropriate timing for proposing amendments and explains how admissibility is evaluated during the examination process. Moreover, it functions as a helpful tool for foreign applicants, enabling them to assess whether their patent applications meet specified Guideline requirements.
27New System for Telephone Communication with External Examiners and Remote Video Interview Launched Officially on September 1
Starting September 1, 2024, TIPO has introduced the Optimization Program for Telephone Communication and Remote Video Interviews with External Examiners on a pilot basis. Invention patent applicants can now use TIPO's three-way conference call system to facilitate real-time communication and exchange of opinions between the applicant or their representative, the external examiner, and TIPO examiners. For more complex cases or those requiring demonstrations, a remote video interview can also be arranged, allowing direct interaction with the external examiner and TIPO examiners. This initiative is designed to enhance the quality of patent applications and improve the efficiency of the examination process.
28TIPO Invites German IP Experts to Speak in Taiwan
On September 5, 2024, TIPO invited Klaus Bacher, Presiding Judge of the Federal Court of Justice of Germany, along with patent attorneys and partners Dr. Heinz Goddar and Dr. Ute Kilger at Boehmert & Boehmert, to talk on topics such as the "German Federal Court of Justice Ruling on the DABUS Case," the "EU Supplementary Protection Certificates (SPC) and SPC Manufacturing Waiver," and the "2024 EU Artificial Intelligence (AI) Act."The talks featured lively exchange, contributing to a deeper understanding within TIPO of the differences in inventor determinations between Germany, the EPO, and the US, as well as insight into the EU’s Pharmaceuticals Package amendment proposal and the AI Act, which will take effect on August 1, 2024, in the EU.
29TIPO's Practical Trade Secret Protections in Enterprises Seminar Session for Northern Taiwan Successfully Concludes
To help businesses strengthen their trade secret protection mechanisms, TIPO held the Practical Trade Secret Protections in Enterprises Seminar in Northern Taiwan on August 15, 2024. The Taiwan Association for Trade Secrets Protection was invited to share practices on "How Business Owners Can Protect Trade Secrets."The seminar included a panel on "Trade Secret Protection and Non-Competition Agreements." The panel was moderated by Director-General Cheng Yi-Yi of the Judicial Yuan and included panelists such as Associate Professor Chen Lung-Sheng, Executive Director Su Wen-Tang, Attorney Hsiung Sung-Mei, and Chief Judge Tsai Zse-Hong of the Judicial Yuan shared their insights on non-competition practices in Taiwan, court jurisdiction, and the potential impact of the recent U.S. Federal Trade Commission (FTC) ban on non-compete agreements, as well as strategies for businesses moving forward. The seminar saw lively discussions between experts and participants from the legal, academic, and business sectors, concluding successfully.
30TIPO Publishes the 2023 Compilation of Selected Court Decisions on Trade Secret Cases on Official Website for Public Reference
To promote public understanding of the development of trade secret judicial practices in Taiwan, TIPO has published the 2023 Compilation of Selected Court Decisions on Trade Secret Cases.22 cases were selected by sifting through 67 civil and criminal decisions relating to trade secrets in 2023, and then examined and categorized based on key issues: the three elements of trade secrets, trade secrets infringement, and trade secrets related rulings Court decisions were summarized, compiled, and have been published on TIPO's official website as of August 13, 2024 in the Trade Secrets section for public reference.
31TIPO Releases Analysis of Taiwan's Green Trademark Industry – Now Available for the Public!
Following the 2023 publication of the Comparative Analysis of Taiwan's Green Trademark Industry in the Last Ten Years, TIPO has continued its research by incorporating the latest statistics to analyze the current state of Taiwan's green trademark industry. The newly completed Analysis of Taiwan's Green Trademark Industry offers insights for businesses on how to strategically position their green trademarks to address global climate change and net-zero emission strategies.Referring to the European Union’s definition of green trademarks, TIPO defines "green trademarks" not by the "trademark reproduction" itself but by the designated goods and services contained in the trademark applications and their Nice Classification. The report examines the distribution of applications over the past decade in nine major categories: energy products, transportation, energy conservation, reuse/recycling, pollution control, waste management, agriculture, environmental awareness, and climate change. It also includes data on the number of applications, percentages, and trends in each category.Over the past decade, green trademarks have accounted for approximately 14.49% of all trademark applications in Taiwan, demonstrating an increase from an average of 13.00% in the early period (2014-2016), 15.31% in the mid-term (2017-2020), to 14.64% in the later period (2021-2023). While there was a slight decline in the latter period compared to the mid-term, the long-term trend demonstrates a growing awareness of carbon reduction, low-carbon initiatives, and green energy within trademark applications. The top three categories are energy conservation, pollution control, and energy products, accounting for nearly 80% of all green trademark applications, highlighting the industry's focus in these three key areas.
32Accelerated Examination Program for Reexamination (AEPRe) hits the road on September 1, 2024
1、To improve the efficiency of the re-examination process, TIPO will launch “Accelerated Examination Program for Re-examination (AEPRe)” on September 1, 2024. For cases where the final rejection decision on substantive examination only reject some claims and there is at least one claim that not rejected, the re-examination process of the re-examination invention case can be accelerated through AEPRe. This program aims to improve the efficiency of the re-examination process and encourage applicants to amend their claims based on the “not rejected claim” provided in the final rejection decision on substantive examination.2、Re-examination invention case that meet the following requirements are eligible for AEPRe and the applicants can receive re-examination results within six months after applying AEPRe:(1) Eligible AEPRe Case：re-examination invention cases where the final rejection decision on substantive examination only reject some claims.2. Eligible AEPRe Request Timing：Within the period from “notified by TIPO that the invention application will soon be undergoing Reexamination” to “received first Reexamination OA.”3. Eligible AEPRe Claim Amendments：Applicants should amend the claims according to Article 49 of the Patent Act and the claim amendments narrow the scope of the claims to be no broader than “the not rejected claim” by the following criteria :a. Delete claims that have grounds for rejection in the final rejection decision on Substantive Examination.b. Simply re-write the dependent claims that are not rejected in the final rejection decision on substantive examination to independent claims.Note：The claim Amendments may make adjustments to claim numbers, dependency relationships, and add new dependent claims to the aforementioned criteria a and b independent claims.
33The 2024.01 Edition of the International Patent Classification (IPC) Now Available on TIPO Website
The 2024.01 edition of the International Patent Classification (IPC) has been published on the TIPO website. For new applications filed on or after August 1, 2024 to TIPO, the updated IPC 2024.01 edition shall apply. As a result, the Patent Gazette will be published using the 2024.01 edition starting from August 1, 2024, and the Published Patent Application Gazette will adopt the new classification starting from October 16, 2024.
34TIPO’s Revisions of the Patent Examination Guidelines Took Effect on July 1, 2024: Part II Chapter 1, 3, 11, 14 and Part V Chapter 1
TIPO has revised its examination guidelines for regulatory alignment, reflect changes in examination practices, unify interpretations, and improve examination quality. Revisions include additional examination principles and case examples, and apply to Part II “Substantive Examination for Invention Patents” (Chapter 1, 3, 11, and 14) and Part V “Examination of Invalidation” (Chapter 1). Revisions have been implemented since July 1, 2024, and key updates include:In alignment with the revisions to Article 17, Paragraph 7 of the Enforcement Rules of the Patent Act regarding sequence listings and TIPO's implementation of the WIPO ST.26 standard, revisions have been made to Chapter 1, Section 1.3.1 of the substantive examination guidelines for invention patents (Enablement Requirement), as well as related content in Chapter 14.Regarding the patentability , Section 2.6.4 on the criteria for determination of lack of novelty based on legal fiction has been updated with a new example (Example 1) that specifically illustrates how to determine the lack of novelty based on legal ficiton.
35TIPO Publishes English Version of Patent Examination Guidelines, Part II, Chapter 6
TIPO has released the English version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 6 Amendments” to enhance the international IP community’s understanding of Taiwan’s patent examination process. This chapter outlines the appropriate timing for proposing amendments and explains how their admissibility is evaluated during the examination process. Moreover, it functions as a helpful tool for foreign applicants, enabling them to assess whether their patent applications meet the requirements specified in said Guidelines. To learn more about the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 6 Amendments,” please click the link provided below:
36TIPO’s Q2 2024 IPR Statistics Report
Overall Trends in Patent and Trademark ApplicationsIn the second quarter of 2024, TIPO received a total of 17,683 applications for three types of patents, representing a 2% increase compared to the same period last year. This includes 11,988 invention patents, 3,766 utility model patents, and 1,929 design patents (Figure 1). The share of patent applications from resident applicants was 51%, while non-resident applicants accounted for 49%. Compared to the same period in 2023, the number of patents filed by resident applicants decreased by 2%, while the number from non-resident applicants increased by 6%. Overall, there was a 2% increase in the total number of patent applications in this quarter, showing a slight rise in the number of all three types of patents in the second quarter over the past two years.In the second quarter of 2024, a total of 23,885 trademark registration applications were received (covering 29,387 classes), representing a 3% increase compared to the same period last year (Figure 2). Among these applications, 77% were filed by resident applicants and 23% by non-resident applicants. The number of applications has turned to positive growth, compared to the same period over the past year.Overview of Patent Applications Filed by ResidentsTop Ten Invention Patent ApplicantsResidents filed 4,699 invention patents, of which 3,734 were filed by corporations. Among the top ten applicants, TSMC ranked first with 308 applications, followed by Nanya Technology (136), AU Optronics (114), Inventec (90), Innolux (80), Acer (74), Realtek (70), UMC (65), MediaTek (49), and Delta (45)(Figure 4). TSMC has maintained the top position for eight consecutive years since the second quarter of 2017.Top Five Design Patent ApplicantsResidents filed 855 design patent applications. The top five applicants were: Shu-Te University with 22 applications, followed by L&F Plastics (16), Compal (15), Tong Yah (14), and Delta and Vanung University (both 13)(Figure 5).Overview of Patent Applications Filed by Non-ResidentsTop Ten Invention Patent ApplicantsNon-residents filed 7,289 invention patent applications. Among the top ten applicants, Applied Materials from the US ranked first with 208 applications, returning to the top position. The remaining top applicants were: Samsung Electronics (202) from R. Korea, Qualcomm (191) from the US, Tokyo Electron (128) from Japan, Coupang (108) from R. Korea, Screen Holdings and Nitto Denko (both 90) from Japan, Shin-Etsu Chemical (73) from Japan, Lam Research (69) from the US, and ASML (67) from the Netherlands (Figure 4).Filing Countries (Regions) of Invention Patent ApplicantsThe top five countries (regions) for invention patent applications are Japan with 2,726 applications, followed by the US (1,696), mainland China (864), R. Korea (677), and Germany (255)(Figure 3). Of these, applications from mainland China and Germany have grown by over 10%, indicating rapid growth.Top Five Design Patent ApplicantsNon-residents filed 1,074 design patent applications. The top five applicants were led by Zhejiang Smart Intelligence from mainland China with 72 applications, followed by Ford Global Technologies (48) from the US, BMW (34) from Germany, Molex from the US and China Wonderland from mainland China (both 29)(Figure 5). Of these, Zhejiang Smart Intelligence has entered the top five for the first time.Filing Countries (Regions) of Design Patent ApplicantsThe top five countries (regions) for design patent applications are Japan with 248 applications, followed by the US (234), mainland China (223), Switzerland (97), and Germany (75)(Figure 3). Notably, the number of applications from the US has surpassed those from Switzerland and mainland China, moving up to the second position. Overview of Trademark Registration ApplicationsTop Ten Resident Applicants for TrademarksThe top ten applicants for trademark registrations are led by Shen-Bian Matzu Temple with 131 applications, followed by Farglory Dome (100), Goli Power (95), Tsai Ho Want Enterprises and Uni-President (both 78), Kao, Jia-Yu (54), First Commercial Bank and Pou Yuen Ji Global (both 50), Mitac Information (44), and Nan I Book (40)(Table 1).NICE Classification of Resident ApplicationsAmong the top three categories of trademark applications by resident applicants, Class 35 (advertising, business management, retail and wholesale services, etc.) led with 3,518 applications, followed by class 43 (restaurants, lodgings, etc.)(1,779), and class 30 (coffee, tea, pastries, etc.)(1,631)(Figure 6). This indicates that trademark applications filed by resident applicants are predominantly concentrated in business management, as well as in consumer services and goods.Top Ten Non-Resident Applicants for TrademarksThe top ten non-resident applicants for trademark registrations are led by Full Comfort from the British Virgin Islands with 68 applications. They are followed by Huawei (62) from mainland China, Zhejiang Kayou Culture Communication (33) from mainland China, Tencent Holdings (32) from the Cayman Islands, Zhejiang Tucson Custom from mainland China and Abercrombie & Fitch from Switzerland (both 30), Nanyang Hongfeng Electrical (28) from mainland China, Blue Origin (26) from Singapore, Onefifteen (22) from Hong Kong, and Shiseido (21) from Japan (Table 2).Filing Countries (Regions) of Non-Resident ApplicationsThe top five countries (regions) for trademark applications are led by mainland China with 1,528 applications, followed by Japan (905), the US (726), R. Korea (438), and Hong Kong (344)(Figure 3).NICE Classification of Non-Resident ApplicationsAmong the top three categories of trademark applications by non-resident applicants, Class 9 (computers and technology products, etc.) led with 1,021 applications, followed by Class 3 (cosmetics and detergents, etc.) and Class 35 (advertising, business management, retail and wholesale services, etc.)(both 634), and Class 5 (pharmaceuticals, etc.)(507)(Figure 7). Notably, Class 9 is the major category for trademark applications for protection by non-resident applicants in Taiwan.Analysis of Applications by IndustryMost trademark applications were classified under “Agriculture” with 6,172 applications, followed by "Health" (4,728), and "Business Services" (4,661)(Figure 8).Among the top three industries for trademark applications, resident applicants are concentrated in "Agriculture" with 5,096 cases, primarily for trademarks related to restaurants and accommodations. Non-resident applicants have the highest number in "Research and Technology" with 1,605 cases. Additionally, both resident and non-resident applicants have seen growth in the number of cases related to "Health," and the number of non-resident applications for "Clothing and Accessories" has increased by 27%. Note: The above statistical data is based on the “first applicant” of the applications when referencing applicants and nationalities.Reference URL: https://www.tipo.gov.tw/en/lp-302-2.html
37Accelerated Examination for Trademark Registration Applications Takes Effect, Benefitting Applicants in Need of Rapidly Obtaining Trademarks
On May 1, 2024, TIPO launched an accelerated examination for trademark registration applications specifically designed for applicants who urgently need to obtain trademark rights. Applicants must demonstrate the urgency and pay an additional fee for accelerated examination.Generally, the first examination notice will be issued within two months after the application is filed. However, the effectiveness of the accelerated examination may be hampered if notifications for corrections or suspensions are issued during the examination process. The accelerated examination mechanism is introduced in the latest amended Trademark Act, balancing the user-pays principle and avoiding delays in the examination of general applications. This mechanism provides a fast track to obtaining trademark registration, significantly improving the efficiency of trademark registration.TIPO encourages applicants who are in urgent need of obtaining rights to make good use of the accelerated examination mechanism, which will help in trademark rights protection and commercial planning.
38Seminar on Practical Strategies for Addressing Copyright Issues in Generative AI Concludes with Enthusiastic Participation
On July 5, 2024, TIPO hosted the Seminar on Practical Strategies for Addressing Copyright Issues in Generative AI at the International Conference Hall of the NTU College of Law Tsai Lecture Hall. The seminar featured distinguished experts in copyright law and AI industry representatives, including Assistant Professor Chung-Hsin Chang, Copyright academic and expert; Attorney Wenchi Lai; Richard Tzong-Han Tsai, core model training coordinator with RLHF at the TAIDE project, National Science Council; Celeste Yang, Corporate Counsel at Microsoft Taiwan; Claire Lin, Regional Counsel at Google Taiwan; and Ernest Wong, Principal Digital Media Solutions Consultant at Adobe in Hong Kong and Taiwan. These six representatives engaged in in-depth discussions and shared insights on topics such as "Copyright Challenges and Developments in Generative AI" and "Responsible AI Practices and Applications in the Field of Copyright." The seminar attracted over 200 participants from industry, government, and academia, fostering lively interactions and enhancing mutual understanding across different sectors.TIPO Director General Dr. Cheng-Wei Liao emphasized the significance of AI technology and the rapid development of generative AI, which presents new challenges. Balancing the protection of copyright holders' interests with AI industry growth is a matter of careful consideration globally. This seminar provided valuable industry strategies for addressing copyright issues posed by generative AI.TIPO noted that intellectual property (patents, trademarks, and copyrights) is highly harmonized internationally, and the legal framework for AI and copyright involves broad aspects. Understanding the impact of emerging technologies on industry practices is crucial for embracing the opportunities and facing the challenges brought by AI. TIPO will continue to monitor global developments to inform policy-making in Taiwan.
39TIPO Revises the Operation Directions on Hearings for Trademark Dispute Cases, Effective June 11, 2024
To provide a more professional and rigorous hearing system while considering the efficiency of relief processes, TIPO has revised the Operation Directions on Hearings for Trademark Dispute Cases based on the Administrative Procedure Act, Regulations Governing Court's Handling of Remote Interrogation in Intellectual Property Case, and other relevant laws. These revisions will serve as the basis for case examination.Key revisions include:I. To strengthen the adjudicative functions of the hearing process, it is stipulated that trademark dispute cases undergoing hearings must be examined by a panel of at least three examiners (Point #3).II. Provisions have been added to allow preparatory hearings based on the complexity of the cases (Point #5).III. Hearings should be conducted orally and publicly; however, if conducted in public would harm the public interest or cause significant damage to the parties, the grounds for requesting a non-public hearing are specified (Point #6).IV. It is specified that if the hearing date or location is changed, the hearing is canceled, or examiners are replaced, the notification and announcement procedures must be reenacted (Point #6).V. The presiding officer may convey his or her legal opinions on factual, legal, and evidentiary issues to an extent appropriate on the case in due course (Point #8).VI. It is stipulated that hearings may be conducted via remote video conferencing, and the methods and legal effects of signing and sealing hearing records are specified (Points #9 and #12).
40TIPO Revises the Program for Hearing Patent Invalidation, Effective June 11, 2024
To provide diverse, swift, and professional channels for resolving patent disputes, TIPO has revised the Program for Hearing Patent Invalidation based on previous experiences and industry feedback. Revisions also reference the Administrative Procedure Act, and the revised procedure will serve as the basis for future case examinations.Key revisions include:I. To comply with legal standards, the title has been amended to the “Operation Directions on Hearings for Patent Invalidation Cases.”II. The function of preparatory hearings has been augmented to include formulating and simplifying the issues, clarifying the matters for amendment in the invalidation case, and establishing the key points of attack or defense for the hearing. Both parties are required to adhere to these agreements (Point #5).III. The presiding officer may convey his or her legal opinions on factual, legal, or evidentiary issues to an extent appropriate on the case in due course (Point #8).IV. I. Hearings may now be conducted via remote video conferencing (Point #9).V. I. The effects of absence from the hearing are clearly specified (Points #6 and #9).VI. Hearing records can be summarized with key points and supplemented by audio or video recordings for simplification (Point #12).
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