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TIPO’s 2022 Trade Secrets Protection Enhancement Seminars for Businesses
To assist businesses in establishing comprehensive mechanisms for trade secrets protection, TIPO has collaborated with the Taiwan Association for Trade Secrets Protection (TTSP), the NSTC Central Taiwan Science Park Bureau, the MOEA Export Processing Zone Administration, and the MOI NPA Second Special Police Corps to hold 3 sessions of the Trade Secrets Protection Enhancement Seminars for Businesses. The seminars were held on September 16, 23, and October 7 at the Central Taiwan Science Park, New Taipei Industrial Park, and the Kaohsiung Nanzih Technology Industrial Park respectively, with 149 attendees engaging in lively discussions and exchange.Industry experts and judicial enforcement professionals were invited to speak, share their experience, and answer questions on four main topics: appropriate confidentiality measures for trade secrets protection, investigations of trade secrets infringement, enhancing management of trade secrets protection with case study examples, and SOP for reporting trade secrets infringement. TIPO hopes that the seminars can help businesses establish better systems to manage trade secrets protection and respond to trade secrets infringements. - 62
Comprehensive Guide to Domestic and Foreign Trademark Applications is Now Available!
To help industries better understand Taiwan’s trademark registration process, trademark protection and management, as well as important things to know when applying for trademarks overseas, TIPO has compiled the Comprehensive Guide to Domestic and Foreign Trademark Applications.The guideline provides businesses with tips on how to apply for domestic trademarks and the importance of applying for trademarks overseas. In addition to covering basic knowledge about trademark rights, it also touches upon resolutions for trademark disputes. At the same time, the guideline also provides relevant government resources in hopes of effectively assisting SMEs with difficulties in trademark protection. The guideline mainly consists of the following:1. The Benefits of Trademarks: Trademark basics, benefits of registering a trademark, and the branding process.2. Tips for Domestic Trademarks: Important information on applying for domestic trademarks and relevant regulations on trademark reproduction design.3. The Importance of Trademark Registration Abroad: Important information on applying for trademarks overseas, monitoring similar trademarks registered abroad and infringement, and strategies on dealing trademark squatting incidents abroad.4. Protection and Management of Trademark Rights: Protection of trademark rights, dispute resolution procedures, civil and criminal liabilities of trademark infringement, and defenses to trademark infringement.5. Government resources and services: TIPO provides relevant information on IPR; MOEA IDB provides assistance with branding; MOEA SMEA provides relevant information and counseling for new startups. - 63
Patent pledge registration will no longer require a patent certificate, and relaxation of the reasons for applying for the reissuance or renewal of a patent certificate
To relax regulations and safeguard the rights of patent holders and pledgees, revisions were made to the Enforcement Rules of the Patent Act and promulgated on October 20, 2022. The application process for patent pledges have been simplified, and reasons for reissuance or renewal of patent certificates have been relaxed. Highlights of the revisions are as follows:I. Deleted requirement that applicants filing for a patent pledge must include the patent certificate, as well as requirement stipulating that patent pledge information must be included within patent certificate.II. Added “Change in Requisite Information to be Included on Patent Certificate” as a reason for applying for the re-issuance or renewal of a patent certificate. Added the requirement for the Specific Patent Agency to void the original patent certificate upon the re-issuance or renewal of a new patent certificate. - 64
The Trend Analysis Report of Smart Flight Control Technology of Drones is Now Available!
With the recent rise in commercial drones, their use is now visible in industries as wide-ranging as transportation, agriculture and animal husbandry, search, rescue, and patrol, as well as national defense. Drones have evidently become an important tool in the development of many major industries. Yet an integral and indispensable part of drone technology lies in smart flight control. The report details the development of domestic and international drone industries and targets smart flight control technology to conduct patent trend analysis.The greatest advantage of Taiwan’s drone industry is our thriving ICT and semiconductor industries. Taiwan has a complete supply chain for drone batteries, AI chips, microprocessors, camera lens assembly, image processing chips, etc. and has the advantage of being able to control R&D costs and facilitate systems integration. TIPO hopes that the report can help domestic industries better grasp the development trends in drone technology, which will serve as reference for future industry development. - 65
Trade Secrets Protection Seminars for Foundations and Academic Institutions
Collaboration between foundations, academic institutions, and corporations may potentially involve or yield trade secrets. As such, TIPO held the Trade Secrets Protection Seminar for Foundations and the Trade Secrets Protection Seminar for Academic Institutions on September 27 and October 20 respectively.The seminars covered topics such as the current regulations on trade secrets, real case studies, and trade secrets protection strategies. Participants also asked questions and shared their opinions and experiences during the seminar. The event helped foundations and academic institutions bolster the protection and management of trade secrets. - 66
TIPO’s Report on Net Zero Emissions Measures by International CMOs and Music Industries Shares Latest Updates on Carbon Reduction Measures Adopted by Music Industries Abroad!
Climate change and the environment are some of the major issues impacting our generation. As such, TIPO has compiled the Report on Net Zero Emissions Measures by International CMOs and Music Industries focused on efforts by the music industry to combat climate change. The report introduces carbon reduction and net zero emission measures adopted by foreign music industries and CMOs in the fight against climate change. TIPO hopes that by providing a reference for Taiwanese people, our music industries can transition to a more environmentally friendly and sustainable future.The report is available on the official TIPO website under Net Zero Emissions IP Information for public download. - 67
TIPO’s Q3 2022 IPR Statistics Report
In Q3 2022, TIPO received a total of 18,174 patent applications (including invention, utility model, and design patents) as well as 25,310 trademark applications, marking an increase of 0.2% and 2% compared with the same period last year, respectively. Invention patent applications saw a growth of 3%; TSMC, ranking first (277 cases) among resident applicants, outnumbered the others for the seventh year in a row, and Qualcomm (220 cases) led all non-resident applicants. The top 3 industry categories for trademark applications were filed under “Agriculture,” “Business Services,” and “Health.” Most trademark applications filed by residents and non-residents were under “Agriculture” (5,866 cases) and “Research and technology” (1,918 cases), respectively. Uni-President (191 cases) ranked top among resident applicants, whereas Ipplus Technology (150 cases) filed the most applications among non-resident applicants.Patent ApplicationsAmong the three types of patent applications, those for invention patents were the most filed (12,555 cases), marking a growth of 3% over the same period last year (Table 1). The increase was mainly due to the applications filed by non-residents. On the other hand, the number of utility model and design patent applications decreased.The number of invention patent applications from domestic enterprises (3,704 cases) fell by 1%. Of these, the applications filed by large enterprises (3,020 cases) grew by 0.3%, while that of small and medium enterprises (684 cases) decreased.As for resident applications, TSMC filed the most invention patent applications (277 cases), surpassing other domestic applicants for seven consecutive years. The number of applications filed by UMC (118 cases) and Innolux (89 cases) hit their historic highs, seeing a remarkable growth of 13.75 and 43.5 times, respectively, compared to the relatively low applications filed in the same period last year (Figure 2). The former ranked second among resident applicators, the highest position it has ever achieved since TIPO first published its Q3 record in 2012.In terms of design patents, Acer filed the most applications (40 cases) and retained the top spot for two consecutive years. Tarng Yu (15 cases) saw the highest growth rate, with an increase of 150% (Figure 3).Domestic invention patent applications filed by colleges and universities (454 cases) grew by 9%; of these, National Cheng-Kong University ranked first with 36 cases. Research institutions filed 132 applications, and ITRI topped the list with 47 applications. Banks, insurance companies, and securities and futures companies cumulatively filed 62 applications, with Mega International Commercial Bank as the biggest applicant (13 cases).For non-resident applications, invention patents (7,779 cases) grew by 5% compared to Q3 last year and accounted for the majority of all three types of patent applications (Table 1). Among non-resident applicants, Japan led with 2,942 invention patent applications, and those from the USA (1,973 cases), Mainland China (1,006 cases), and R. Korea (689 cases) increased by 9%-36%. As for design patents, Japan also came out on top with 197 applications (Figure 1).As for the top 10 non-resident applicants, Qualcomm led the list of invention patent applicants by filing 220 applications, followed by Applied Materials (218 cases) (Figure 2). Among design patent applicants, Koninklijke Philips ranked first with 49 applications; Apple and Cartier tied for second place, each filing 29 applications (Figure 3).Trademark ApplicationsCompared to the same period last year, trademark applications (25,310 cases) received by TIPO grew by 2%; the number of classes covered (32,105 classes) also showed the same growth rate. The number of resident applications (19,789 cases) was up by 4%, while that of non-residents (5,521 cases) decreased (Table 1) .In terms of the top 5 classes resident applicants filed under, most applications (4,071 cases) were filed under Class 35, “Advertising, Business Management, Retail and Wholesale Services, etc.” The applications under Class 41, “Education, entertainment, etc.” marked the highest growth rate with 18% (Figure 4). Most of the applications of the top 10 applicants increased. Uni-President filed 191 applications, outnumbering all resident applicants (Table 2).Among non-resident applicants, Mainland China filed the most applications (1,153 cases). The applications from Japan (980 cases), R. Korea (472 cases), and Singapore (458 cases) increased; all growth fell in the range of 26%-263%, while those from the USA (808 cases) dropped (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,089 cases) in Class 9, “Computer and Technology Products, etc.” The applications for Class 3, “Cosmetics and detergents, etc.” saw the highest growth rate with 10% (Figure 5). A first-time applicant, Ipplus Technology, filed 150 applications, outnumbering all other non-resident applicants (Table 3).The top 3 classes trademark applicants filed under were “Agriculture” (6,913 cases), “Business Services” (5,423 cases), and “Health” (4,900 cases). Most applications filed by residents were under the class “Agriculture” (5,866 cases), the majority of which were for the restaurant and accommodation industries. On the other hand, most non-resident applications were filed under “Research and technology” (1,918 cases) (Figure 6). - 68
Revisions to the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks Take Effect on October 1, 2022
To help businesses better understand the “Geographical Marks” protected under Taiwan's Trademark Act and subsequently enhance the quality of patent examinations, TIPO has revised the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks, which took effect on October 1, 2022. Main highlights are as follows:I. Its name was revised to “Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks” to reflect the sequence of the provisions.II. Added a separate chapter on “Geographical Marks” to promote and explain the registration process in Taiwan for the application of a geographical certification mark and geographical collective trademark.III. Regarding the applicant’s declaration that he/she does not own a business that is involved in the manufacturing and marketing of goods or provision of services of the kind being certified:i. Clear stipulations forbidding the applicant from registering a trademark in the same scope of the product or services being certified. Otherwise, the applicant is considered in violation of impartiality and the terms of the declaration.ii.The applicant may, given that he/she fulfills the other requirements, apply to register another trademark outside of the scope of the product or services being certified.IV. The regulations governing the use of the certified mark should clearly indicate the name of the products or services being certified:i. When applying for a certification mark, the applicant is permitted to list the overarching category in the name of the product or service being certified (e.g., food, electronics, etc.). However, to ensure that the name clearly corresponds to the conditions of use set forth in the regulations governing the use of certification marks, as well as to facilitate applications for the utilization of certification marks by any third-parties, TIPO followed the lead set by foreign counterparts and require that the names of products and services abide by NICE classification and be included as an annex in the regulations governing the use of certification marks for ease of publication.ii. The names of products or services listed for “products or services being certified” should match what is listed in the regulations governing the use of the certified mark and the application and shall not extend beyond the scope listed therein.V. Provide examples to illustrate the principles by which to determine what constitutes “obviously improper” – a term used in Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act – with regards to the registration of certification marks, collective membership marks, and collective trademarks.VI. Additional case studies are added on the basis of supplementing the content for ease-of-understanding. - 69
Pilot Program for IP Info Cloud Services Began on August 3, 2022 – Patent & Trademark Open Data Downloads Available Now!
In response to government policy to promote better cloud services to the public, TIPO has been working on the IP Info Cloud Services Project since 2021. Application platforms on the public cloud have been constructed, and TIPO also plans to incorporate IP open data, trademark search, industry IP knowledge, and other services in several stages to provide rapid and reliable access to IP information and furnish a more comprehensive digital IP environment for Taiwan.TIPO has successfully finished the first stage of operations by setting up the IP Info Cloud Service and transferring the Patent & Trademark Open Data Website onto the new platform. The service is now operational and available to the public. - 70
TIPO Publishes Serialized IPR-Info Comic The Everyday Life of a One-Man IP Department on IPKM
To promote IP knowledge and practical applications to the public, TIPO’s platform dedicated to promoting IP information (IPKM) has created a serialized comic entitled The Everyday Life of a One-Man IP Department. The comic mainly discusses IPR management for SMEs and transforms practical workplace IPR issues into lighthearted workplace skits. Through this educational and entertaining publication, IPR information is made easy and fun, creating an accessible entry for more people to gain a deeper understanding of IPR.The comic is set in a fictional SME in Taiwan, and company employees in different positions bring their own perspectives – placing a highlight on the various IPR issues that may arise within a company. By constructing a conceptual basis for understanding IPR and its practical applications through the comic, TIPO hopes to assist Taiwanese businesses to gain a better understanding of IPR and prepare them for when they encounter IPR issues themselves.The Everyday Life of a One-Man IP Department is currently serialized on TIPO’s IPKM platform for the public to download. For updates on the comic series, please follow IPKM or TIPO's official FB page. - 71
2021 Comparison of Trends in Invention Patent Applications in Taiwan and WIPO PCT Applications
In 2021, TIPO received 49,116 invention patent applications, while WIPO received an estimated number of 277,500 international patent applications (PCT applications) filed under the Patent Cooperation Treaty (PCT). Of Taiwan’s invention patent applications, semiconductors (6,360) and computer technology (4,283) took the top 2 spots among 35 technology fields. However, computer technology (26,092) remained the main technology field among WIPO PCT applications, while semiconductors (8,346) ranked 10th. As for applicants, TSMC and Huawei took the lead in Taiwan and WIPO PCT applications, respectively. Moreover, Qualcomm and Samsung Electronics were both among the top 10 applicants in Taiwan and WIPO PCT applications.Invention applications rebounded in Taiwan while WIPO PCT applications maintained a modest growthOverall invention patent filings in Taiwan rebounded with an increase of 5.3% in 2021, following the decline in 2020 brought on by a drop in non-resident filings due to the COVID-19 pandemic. On the other hand, WIPO PCT applications grew by 3.6% in 2020, attributable to the surging growth in applications from China. However, the number of applications decreased in March and from September to year-end, seeing a slight yearly increase of 0.9% overall (Fig. 1, Fig. 2, and Fig.3).Taipei-Hsinchu accounted for 56.3% of resident invention applications in Taiwan in 2021Applicants residing in Hsinchu City filed the most applications in 2021, at 4,711, followed by applicants from Taipei City (3,282) and New Taipei City (3,007). The top three cities combined accounted for 56.3% of all applications filed in 2021, up by 6.2 percentage points compared to 2017. On the other hand, Hsinchu City saw the fastest growth (+23.3%) in 2021, followed by Hsinchu County (+7.9%) and New Taipei City (+1.6%) (Fig. 4).Semiconductors and computer technology took top spots in Taiwan and WIPO PCT applications, respectively, in 2021In 2021, semiconductors (6,360, +19.6%) topped the technology fields of invention patent applications in Taiwan, while the field of computer technology had the most WIPO PCT applications published (26,092, +7.2%). Both the top ten technology fields in invention applications in Taiwan and WIPO PCT applications included semiconductors, computer technology, electrical machinery, audio-visual technology, measurement, and pharmaceuticals (Table 1).Furthermore, semiconductors topped all technology fields, accounting for 12.9% of invention applications in Taiwan in 2021 but ranked 10th with a share of 3.2% in WIPO PCT applications. This indicates that Taiwan remains outstanding in the semiconductor industry. On the other hand, digital communication and medical technology claimed two out of the top three spots in WIPO PCT applications. However, they were not among Taiwan’s top ten technology fields of invention applications.Health-related technology fields grew both in Taiwan and in WIPO PCT applications, with pharmaceuticals reporting the fastest growth in 2021In Taiwan, pharmaceuticals rose by 26.3% in 2021, followed by biotechnology (+19.1%), while medical technology remained stable (-0.1%) after a surge in 2020. As for WIPO PCT applications, pharmaceuticals also had the fastest growth of 12.8% in 2021, followed by biotechnology (+9.5%) and medical technology (+6.0%) (Table 1, Fig. 5).Certain top filing countries (regions) that mostly filed invention applications in semiconductors, computer technology, or organic fine chemistry in Taiwan primarily filed WIPO PCT applications in computer technology, digital communication, or electrical machineryFor invention applications received by TIPO, Taiwan, Japan, the U.S., and the Republic of Korea filed the most applications in semiconductors (shares of 12.0~18.3%). On the other hand, computer technology accounted for the largest proportion of applications (13.9%) for Mainland China, while Germany filed the most in organic fine chemistry (11.6%). The top three technology fields of the two aforementioned countries (regions) did not include semiconductor (Table 2).WIPO PCT applicants from Mainland China (a share of 15.6%) and the US (12.4%) filed more applications in computer technology; those from Japan and Germany filed intensively for patents related to electrical machinery (10~11%). The top technology field in R. Korea was digital communication (11.5%). The top three technology fields of these countries did not include semiconductor (Table 2).TSMC led in the number of invention patent application filings in Taiwan, while Huawei remained the top filer of WIPO PCT applications in 2021As regards invention applicants in Taiwan, TSMC (1,950) filed the most applications in 2021, followed by Qualcomm (845) and Applied Materials (758). Industrial Technology Research Institute (ITRI), coming in tenth, is the only research institute among the top 10 applicants. The top 10 WIPO PCT applicants were all businesses. Of them, Huawei topped with 6,952 WIPO PCT applications published in 2021, followed by Qualcomm (3,931) and Samsung Electronics (3,041); the latter two both claimed top 10 spots in Taiwan as well (Fig. 6).Seven of the top 10 applicants in Taiwan were also top filers in the field of semiconductors, while most top 10 WIPO PCT applicants had the greatest shares in digital communicationSeven of the top 10 applicants in Taiwan (Fig. 6), TSMC, Qualcomm, Applied Materials, Samsung Electronics, Tokyo Electron, AU Optronics, and Kioxia, are also among the top 10 applicants in semiconductors. Furthermore, TSMC, Applied Materials, ASML, and AU Optronics claimed the top in computer technology, electrical machinery, optics, and audio-visual technology, respectively (Table 3).Six of the top 10 WIPO PCT applicants filed most applications in digital communication, including Telefonaktiebolaget LM Ericsson, Huawei, Guang Dong OPPO Mobile, LG Electronics, Qualcomm, and Samsung Electronics. On the other hand, Mitsubishi Electric had its largest share in thermal processes and apparatus, BOE Technology filed intensively in semiconductors, Panasonic Intellectual Property Management filed mainly in electrical machinery, and Sony filed most in computer technology (Fig. 7). For more information (in Mandarin), please visit https://www.tipo.gov.tw/tw/cp-174-219414-a1c98-1.html - 72
TIPO Publishes English Version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions”
TIPO has released its English version of the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” This should help to enhance the international IP community’s understanding of Taiwan’s patent examination process of computer software related inventions and improve services provided to foreign applicants of computer software related inventions. Those interested are welcome to access the Guidelines below.Click the attachment below to download the “Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 12 Computer Software Related Inventions.” - 73
TIPO has Added a New Chapter on “Green Industries” to the Industry Trademark Application Strategy Manual for Designated Goods and Services in Response to Goals to Reach Net Zero by 2050
The Executive Yuan has passed amendments to the Greenhouse Gas Reduction and Management Act on April 21, 2022. The Act has been renamed the “Climate Change Response Act,” and officially declares net zero emission of greenhouse gases by 2050. The specific approach targets greenhouse gases from the manufacturing, transportation, agricultural industries, as well as from residential activities and utilizes negative carbon technology (carbon capture, storage, and reuse) and natural carbon sinks (forests and ocean sorption) to balance carbon emissions in order to reach net zero emissions. TIPO has added the “Green Industries” chapter to the Industry Trademark Application Strategy Manual for Designated Goods and Services, and the chapter is divided into six fields: “Green Energy,” “Clean Energy Transportation,” “Carbon Rights, Carbon Economy and Related Commercial Trading of Electricity,” “Pollution Treatment and Reutilization,” “Green Buildings to Zero-Carbon Buildings,” and “Green Industry-Related Certification Mark, Certification Process Guidance, and Educational Training.” This distinction will help industries understand the scope of trademark rights they should get to protect their businesses, make the right choice of designated good or service when registering a trademark, and cross-reference the goods and services listed in the NICE classification for their industry. The Industry Trademark Application Strategy Manual for Designated Goods and Services is available for public reference. - 74
“Patent Trend Analysis of International Carbon Capture Technology” is now Available on the TIPO Website for Public Reference
To help businesses better understand the global patent trends in Carbon Capture, Utilization, and Storage (CCUS), TIPO has compiled graphics on the Patent Trend Analysis of International Carbon Capture Technology based on the three major themes of CCUS and according to the international patent classification (IPC) on carbon capture and sequestering, which were established in the 2010 WIPO IPC Green Inventory. The analysis also refers to the relevant classifications and key words in the Cooperative Patent Classification (CPC). TIPO used Derwent Innovation to compile patent information laid open/published by various countries before the end of December 2021 and conducted overall patent analysis, analysis of relevant technology patents, global flow of applications, and analysis of major patent offices. The full report is expected to be completed by the end of this year and shall be published on TIPO’s website. - 75
Revisions to the Examination Guidelines on Distinctiveness of Trademarks Were Promulgated on July 26, 2022, and Will Take Effect on September 1
To enhance the examination principles for distinctiveness of various types of trademarks, TIPO has promulgated revisions to the Examination Guidelines on Distinctiveness of Trademarks. TIPO has provided examples for different types of trademarks and ensured that the basis on which distinction is determined for trademarks aligns with current market transactions. Main revisions are as follows: I. Made adjustments to the different composition patterns of foreign alphabets; provision of reference examples for determining whether descriptions are designed and distinctive. II. Added assessment criteria and example explanations for “alphanumeric combinations” and “numbers” in response to differences in use between various industries. III. Added following categories with examples: “popular graphics,” “purely informational graphics,” and “commercial design graphics.” IV. Added criteria for country names, geographical images, and geographical names used in descriptions of product origin, as well as misleading use or misrepresentation thereof for product origin. V. Added assessment criteria and reference examples for names and portraits of well-known public figures who are recently deceased; to further exemplify what constitutes a “portrait,” additional cases for reference are also provided. VI. Added determining criteria for religious images and terms; added examination principles for marks related to traditional and cultural activities. VII. Revised criteria for slogans, common words, new terms, and technical terms, and adjusted the examination guidelines for “idioms.” VIII. Trademark graphics which include “the full name of the company” or “domain names” are considered strictly informational in order to prevent affecting the certainty of the scope of trademark rights and the function of correctly indicating the source of the product or service in the event that trademark rights are transferred or there is a change of name after registration. - 76
Revisions Have Been Made to Chapters 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines, Which Take Effect on July 1, 2022
To reflect the practical needs of patent examination, TIPO has added new examination criteria and notes to the Patent Examination Guidelines, which include two applications (invention and utility model) for the same creation, disclaimers, final notice limitations, and deposit of biological materials. TIPO hopes to enhance the quality of patent examinations by providing unified standards. Main revisions include the following: I. Part II Chapter 3 “Patentability” Additional paragraphs 5 and 6 have been added under “5.7.2 Notes for Examination” for when two applications (invention and utility model) are filed for the same creation. Specifically, it details examination principles for the invention application if – during the examination of the invention patent, or after approval but before invention published – the utility model application is invalidated but has yet to be final and binding. II. Part II Chapter 6 “Amendments” Under “4.2.2 Permissible Omissions,” in the event that the applicant amends the claim by negative limitations to exclude any overlap with prior art (disclaimers) before the issuance of an office action from the patent examiner, the applicant should still provide the patent examiner with prior art documentation and an explanation for further assessment. If no such documentation is provided, the application is deemed to introduce new matter. Exceptions are made for applications where prior art is already disclosed in the descriptions, patent claims, or drawings of the original application as filed. III. Part II Chapter 7 “Office Action and Final Decision” Under 3.1.2 “Reduction of Patent Claim Scope,” stipulations in paragraph 6 that require “partial deletion of cited or dependent claims and a breakdown of remaining claims” have been moved to the newly added paragraph 7. It also states that besides the aforementioned situation, the additions of new claims are not included within the “reduction of patent claim scope” referred to in the revision limitations of the final notice. IV. Part II Chapter 9 “Corrections” Under “6. Notes for Examination,” patent examination principles have been added with regard to negative limitations to exclude any overlap with prior art (disclaimers) in accordance with revisions to chapter 6. V. Part II Chapter 14 “Biology-Related Inventions” A new paragraph (3) has been added to “4.2.4 Notes for Deposits” which stipulates that the applicant, in accordance with the provisions of Article 27 Paragraph 5 of the Patent Act, should include documentation proving that biological materials deposited in a depository designated by a foreign country in its territory exist and are viable. VI. Other Revisions Other revisions include changes to the wording to reflect new regulations, as well as to ensure consistency and prevent misrepresentation within all chapters. Link: Revisions to Chapter 3, 6, 7, 8, 9, and 14 of Part II “Substantive Examination for Invention Patents” of the Patent Examination Guidelines (Mandarin) - 77
TIPO Releases IPR Statistics for the First Half of 2022
In the first half of 2022, TIPO received a total of 34,753 patent applications for invention, utility model, and design patents, marking a 1% decrease from the same period last year, whereas trademark applications (46,578 cases) grew slightly by 0.4%. As for invention patents, applications from large domestic enterprises and domestic colleges & universities saw a growth of 3%, respectively, while applications from non-resident applicants increased by 6%. TSMC (1,163 cases) ranked first among resident applicants, and Applied Materials (438 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry. Uni-President (548 cases) and Guangdong Longshun International Logistics (85 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsThe number of invention patent applications (24,316 cases), accounting for a majority of all patent applications received by TIPO, saw a growth of 2% compared to the same period last year (Table1). The increase is mainly due to the growth in non-resident applications. However, the number of utility model and design patent applications declined. The number of invention patent applications filed by domestic enterprises (7,454 cases) fell by 3%, mainly because the applications in small and medium enterprises (1,332 cases) decreased. On the other hand, those from large enterprises (6,122 cases) grew by 3%, maintaining a robust R&D capability.In terms of resident applications, most of the top 10 invention patent applicants and top 5 design patent applicants were enterprises. TSMC (1,163 cases) outnumbered other applicants for the sixth consecutive year. Both Nanya (249 cases) and Innolux (179 cases) reached their respective all-time-high records and best rankings ever since TIPO first published the record in 2016. The latter, in addition, saw a staggering growth of 59 times compared to the same period last year (Figure 2). As for design patents, Acer (74 cases) filed the most applications among the top 5 applicants (Figure 3).The number of invention patent applications filed by domestic colleges & universities (840 cases) rose by 3%, whereas that of research institutions (131 cases) fell.In terms of non-resident applications, those for invention patents (14,960 cases) grew by 6%, accounting for the majority of all patent applications (Table 1). Of these, Japan took the lead with 6,193 invention patent applications among the top 5 filling countries (regions). The USA (3,759 cases) saw double-digit growth at 16%, and the others also registered positive growth except for mainland China (Figure 1). Moreover, the number of design patent applications filed reached 1,864 cases, and Japan came out on top with 519 applications (Table 1, Figure 1).As for top non-resident applicants, Applied Materials filed 438 invention patent applications and saw a growth of 44%, outnumbering all other applicants (Figure 2). Among design patent applicants, Ford Global occupied the leading place with 89 applications, and design patent applications of Cartier (43 cases) grew by 13 times, a significant surge compared to the same period last year (Figure 3).Trademark ApplicationsCompared to the same period (first half) last year, trademark applications (46,578 cases) received by TIPO showed a 0.4% increase; the number of classes covered (60,963 classes) also showed a 2% increase. The number of resident applications (36,449 cases) was up by 4%, while that of non-residents (10,129 cases) was down by 11% (Table 1). The share of resident applications was 78%, marking a 2% increase over the same period last year.In terms of application classes, resident applicants filed the most applications (7,378 cases) in Class 35 “Advertising, Business Management, Retail and Wholesale Services, etc.” and saw the highest growth rate with 67% in Class 30 “Coffee, tea, pastries, etc.” (Figure 4). All the trademark applications filed by the top 10 applicants saw positive growth. Of these, Uni-President filed 548 applications and saw a significant growth of 294%, ranking first among resident applicants (Table 3).On the other hand, non-resident applicants filed the most trademark applications (2,329 cases) in Class 9 “Computer and Technology Products, etc.” and saw the highest growth rate with 11% in Class 42 “Scientific and Technological Services and Research.” (Figure 5). 9 out of the top 10 applicants filed more applications even though the total number of trademark applications filed by all non-residents fell (Table 1 & 4). Of these, Guangdong Longshun International Logistics filed 85 applications, outnumbering all other non-resident applicants (Table 4).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (15,092 cases), and resident applications (13,240 cases) represented the larger share. The agriculture industry also saw the largest difference (11,388 cases) in the number of applications between residents and non-residents. Among the top 3 industry categories, resident applications filed under “Agriculture” and “Business Services” and non-resident applications under “Research and technology” saw growth for two consecutive years. - 78
TIPO Signs MOU with the National Science and Technology Museum (NSTM) and Organizes the “Rising Stars in Invention” Special Exhibition
On June 24, 2022, the Taiwan Intellectual Property Office (TIPO) of the MOEA signed an MOU with the National Science and Technology Museum (NSTM). The event was witnessed by an inventor who represented recipients of the National Invention and Creation Award. TIPO and NSTM shall collaborate on the donation, collection, exhibition, advocacy, education, and promotion of award-winning entries for the National Invention and Creation Award to preserve important artifacts and maintain a record of the timeline for national inventions and creations. TIPO also hopes this will provide public service and education by facilitating the collection and exhibition of artifacts. The “Rising Stars in Invention” Special Exhibition was also held on the same day.The NSTM is located in Kaohsiung and is Taiwan’s first applied science museum. The NSTM is also one of the six museums under the management of the Ministry of Education. Therefore, in addition to preserving artifacts, it also bears the responsibility of promoting education. NTSM’s partnership with TIPO began in 2014 when they co-organized the donation and collection of award-winning entries for the National Invention and Creation Awards. Over 90 entries in 49 categories have been collected through 8 years (and four competitions) of effort. The official signing of the MOU will serve as a basis for the systematic collection of outstanding Taiwanese inventions and creations.The name of the exhibition, “Rising Stars in Invention,” compares the brilliance of each award-winning recipient and entry of the National Invention and Creation Award to that of a new star that shines a light into our lives. The hope is also that future inventors may visit the exhibit and become rising stars in the field of invention themselves. The exhibit is divided into five major areas: “Inventions are Everywhere,” “The Devil is in the Details,” “We Want You!,” “Creative Invention Mindset: TRIZ,” and “Classics for Posterity,” allowing visitors to view and experience excellent and representative inventions and creations up close. The exhibition is open until August 21, 2022, and all interested are welcome to visit Kaohsiung.The “Rising Stars in Invention” Special Exhibition is the first exhibit of its kind curated from award-winning entries and organized by TIPO and NSTM. Both shall continue to collaborate in the future and tap into their individual core strengths and advantages to collectively promote outstanding inventions and creations – ensuring widespread and comprehensive development for innovative technology and education. - 79
Partial Draft Amendments to the Copyright Act Passes Third Reading at Legislative Yuan to Meet Distance Learning Needs
In response to current technological developments, educational policies, and pandemic measures, the Legislative Yuan passed partial draft amendments to the Copyright Act by a third reading on May 27. The amendments target aspects of distance learning as an extension of the classroom, such as the rules for fair use of copyrighted works, allowing teachers to provide classroom instruction without worry. In accordance with digital education policies, the amendments also allow textbook preparers to transmit digital copies to teachers and students to promote the use of e-schoolbags and alleviate the burden of heavy backpacks for students. Additionally, to facilitate the cultural development of Taiwan, the amendments also enable the National Central Library (NCL) to digitally reproduce its collection, under certain conditions, for readers to access online within the library.Main amendments include:1. Fair use of copyrighted works by schools for registered students during distance learningCurrent law only allows teachers to print and distribute – to a reasonable scope – copies of copyrighted works to students during class. In response to technological developments and to ensure that teachers can provide remote education as they do in the classroom, the amendments stipulate that – within the necessary scope of classroom instruction – teachers may offer reference materials or information to students online. The amendments come in response to distance learning needs after school shut-downs due to the pandemic and aim to make education more effective, as well as to align with international and technological development trends.In addition, to avoid excessive infringement of copyrights, schools are required to take reasonable technical measures (e.g.: account passwords) to prevent students not taking the class from accessing the courses. Because remote education is instrumental to public interest, school teachers are exempt from obtaining paid authorization for the use of copyrighted works in their lessons to ensure that teaching activities can resume unimpeded. (Article 46)2. Not-for-profit remote education may use copyrighted works and are required to pay remunerationWith regard to remote education directed at the general public (e.g.: not-for-profit MOOCs education platform eDX, etc.,), current law only regulates television-based education like that of open universities and does not include rules for the fair use of copyrighted works for online education. As such, amendments were drafted to regulate the fair use of copyrighted works by educational institutions or schools for the purpose of distance online learning. Because use may vary from traditional and tv broadcasts to synchronous or on demand online transmissions, and the courses are aimed at the general public – a broader and different base than the aforementioned registered students – these institutions must still pay for copyright authorization within the necessary scope of education to ensure the rights of copyright holders.As for-profit distance learning activities (e.g.: online education provided by cram schools, etc.,) are not directed at public interests, the amendments stipulate clearly that paid authorization is required for use of copyrighted works to protect the rights of copyright holders. (Article 46-1 )3. Textbook preparers may transmit digital copies to teachers and students to meet the need for e-schoolbagsCurrent regulations stipulate that although textbook preparers may use copyrighted works to examine or compile textbooks, they may only provide paper copies of textbooks to teachers and students, which is unable to meet the need for e-schoolbags for students in the digital era. Therefore, amendments were drafted to allow textbook preparers to digitally transmit textbooks under reasonable conditions. In order to ensure the rights of copyright holders, remuneration must be paid for the authorized use of copyrighted works for the aforementioned situation. (Article 47)4. The National Central Library (NCL) may create a digital collection that is only accessible to visitors on the library's intranetWith the aim to facilitate cultural development with the National Central Library, the amendments allow NCL to digitally reproduce its collection in advance as a precaution against damage or loss, so that contemporary works may be better preserved at the NCL. Another amendment stipulates that the NCL and other library institutions may, under certain restrictions, allow readers to access the digital collection via computers within the libraries, in lieu of lending or allowing physical access to the original paperback. The amendments not only aid in the digitalization of library services but also facilitate the preservation of physical library collections. (Article 48)The MOEA emphasizes that digital development facilitates the diversified use of copyrighted works. The world has been impacted by the global pandemic in recent years and as such, distance learning has become an important form of education. The amendments were drafted in response to technological developments that facilitate educational instruction, the use of e-schoolbags, and the need for libraries to preserve their collections and provide digital services. These amendments to the Copyright Act – approved by the Legislative Yuan – align with Taiwan’s current need for digital education policies, promote development of diverse educational modes, and hold profound significance for the distribution of knowledge. - 80
Partial Draft Amendments to the Copyright Collective Management Organization Act Passes Third Reading at the Legislative Yuan
The Legislative Yuan passed partial draft amendments to the Copyright Collective Management Organization Act at the third reading on April 29. The amendments ensure smooth operation, increased transparency, and prudent management of Taiwan’s collective management system to protect the rights of members and facilitate circulation of copyrighted works. After adjustment, a total of 6 amendments were additions, and 15 were revisions – the main highlights of which are as follows:I. Introduction of a public consultation mechanismWhen a CMO applies for an establishment permit, TIPO shall make the information publicly available on their official websites for general copyright users to leave comments, which shall serve as reference for TIPO when processing the permit application.II. Term limits for management-level positions and internal controlsTo ensure that a CMO can fulfill its duty of good governance, the amendment would curtail the duration and number of terms for the positions of director and supervisor, reducing the possibility of a monopoly or any abuse of power. The amendments also stipulate the need for internal controls to manage personnel, finances, and operations, etc.; royalties must also be deposited in designated accounts to ensure CMOs conduct operations in a reasonable, prudent, appropriate, and transparent manner.III. Use of Technology to Enhance Management and Operations of CMOsTo facilitate the development and use of technology, a new amendment has been added that stipulates TIPO’s responsibility to counsel CMOs in the use of innovative technology for more efficient management and operations thereof, as well as to lower the cost of copyrights licensing.IV. Expansion of TIPO’s Supervisory and Guidance CapacityAmendments have been added ensuring TIPO’s authority to supervise and penalize any CMOs in violation of the law. TIPO is authorized to request that CMOs submit financial declarations and plans for improvement within a specified timeframe. TIPO also has the power ex officio to suspend or dismiss any directors or supervisors found guilty of illegal conduct. If the CMO commits a major violation of the law by misappropriating allotted funds or not allocating royalties in accordance with the law and fails to rectify their actions, then TIPO has the power to revoke its establishment permit and eliminate any CMOs not adhering to prudent management practices. - 81
Taiwan Signs MoU with India to Bolster IPR Cooperation
The Taiwan-India MoU on Intellectual Property Rights was signed by Representative Baushuan Ger of the Taipei Economic and Cultural Center in India and Director General Gourangalal Das of the Indian Taipei Association at the High Level India Taiwan Business Roundtable on May 18, 2022. The signing ceremony was witnessed by Vice Minister Chuan-Neng Lin of the Ministry of Economic Affairs and Director General Shu-Min Hong of the Taiwan Intellectual Property Office. The exchange of diplomatic instruments was subsequently completed on June 6, opening a new chapter of cooperation between Taiwan and India in the field of IPR.Under the framework of this MoU, both sides will jointly facilitate activities such as expert exchange programs, training courses, and experience exchange regarding IP awareness campaigns. Other collaborative efforts are also underway, such as facilitating the protection of traditional knowledge and setting up a joint committee to coordinate the implementation of related cooperation activities.India is an exceedingly important country in Taiwan’s New Southbound Policy. Not only will the signing of the MoU deepen both Taiwan and India’s understanding of each other's IP fields, but also enhance an IP protection environment for the benefit of industrial development and applicants of both sides. - 82
TIPO’s Q1 2022 IPR Statistics Report
In Q1 2022, TIPO received a total of 17,498 patent applications (including invention, utility model, and design patents), marking a 2% increase from the same period last year, whereas trademark applications (24,450 cases) grew by 0.3%. As for invention patents, applications from domestic colleges and universities saw a growth of 16%, and non-resident applications increased by 10%. TSMC came out on top (723 cases) among resident applicants, and Qualcomm (242 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry with resident applications taking a larger share; as for non-residents, applications in “Research and Technology” outnumbered other industries. Uni-President (220 cases) and Guangdong Longshun International Logistics (76 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsThe number of invention patent applications (12,534 cases) saw a growth of 5% compared to the same period last year and accounts for a majority of all patent applications received by TIPO. The increase is mainly due to a 10% increase in the number of non-resident applications. However, the number of invention patent applications filed by residents (4,697 cases) decreased somewhat. As for design patents, 1,636 applications were filed: the number of applications filed by residents grew marginally by 0.4%, whereas that of non-residents declined (Table 1).The number of invention patent applications from domestic enterprises (3,745 cases) fell by 2% mainly due to a decrease of applications in small and medium enterprises (748 cases). On the other hand, the applications filed by large enterprises (2,997 cases) remained steady.As for resident applications, all top 10 invention patent applicants and top 5 design patent applicants were enterprises. Although the number of invention patent applications filed by enterprises declined, 6 out of the top 10 invention patent applicants saw double-digit growth. TSMC topped the list with 723 invention patent applications - hitting a record high since TIPO first published the record in 2012. Both Innolux and Nanya also reached their respective all-time-high records by tying at 98 cases. Moreover, Acer and Crown MFG tied for first place, each filing 18 applications in design patent (Figure2, Figure 3).Except for enterprises, domestic applications filed by colleges and universities (371 cases) surged by 16%. Conversely, applications by research institutions (76 cases) decreased.For non-resident applications, those for invention patents (7,837 cases) accounted for the majority of all patent applications, growing by 10%. Among non-resident applicants, Japan took the lead with 3,555 invention patent applications. The number of invention patent applications of all top 5 filing countries (regions) increased. Of these, the USA and Germany saw double-digit growth. The number of design patent applications filed reached 859 cases, and Japan came out on top with 251 applications (Table 1, Figure 1).As for top non-resident applicants, Qualcomm led the list of top 10 invention patent applicants by filing 242 applications and Intel outnumbered others by a staggering increase of 914% (Figure 2). Among design patent applicants, PSA occupied the leading place with 38 applications, and BMW saw significant growth of 88% (Figure 3).Trademark ApplicationsCompared to the same period (Q1) last year, trademark applications (22,450 cases) received by TIPO showed a 0.3% increase; the number of classes covered (30,024 classes) also showed a 4% increase. The number of resident applications (17,358 cases) was up by 2%, while that of non-residents (5,092 cases) were down (Table 1). The share of resident applications was 77%, marking a 1% increase over the same period last year.In terms of application classes, resident applicants filed the most applications (3,501 cases) in Class 35 “Advertising, Business Management, Retail and Wholesale Services, etc.”, marking an 8% increase (Figure 4). Uni-President filed 220 applications and saw staggering growth of 358%, ranking first among resident applicants (Table 2).Mainland China filed the most applications (1,130 cases) among non-resident applicants (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,208 cases) in Class 9 “Computer and Technology Products, etc.” and saw the highest growth rate with 26% in Class 42 “Scientific and Technological Services and Research” (Figure 5). Guangdong Longshun International Logistics filed 76 applications, outnumbering all other non-resident applicants (Table 3).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (6,346 cases), and resident applications (5,337) represented the larger share. The agriculture industry also saw the largest difference in the number of applications between residents and non-residents (Figure 6). Among the top 3 industry categories, resident applications filed under “Agriculture” and “Business and Financial Services” saw continued growth for two consecutive years. - 83
Chinese and English “Briefs of Classic Trademark Cases in Recent Years” Now Available
To assist domestic and foreign market participants and people from different sectors in further understanding the latest development of trademark-related laws and judicial opinions, TIPO has selected classic judgements made by Intellectual Property and Commercial Court in the past 5 years to accomplish 7 case briefs and their English translations. The content of these case briefs contains many important issues in the field of trademark, including how to determine the scope of goods in connection with which the trademark has been put to genuine use, the territorial limitation on genuine use of the trademark, the determination of likelihood of confusion between trademarks with low degree of similarity, whether the protective scope varies among well-known trademarks due to different levels of fame, the determination of the parody defense related to trademark infringement, keyword advertising and the determination of trademark infringement, the application of the defense of trademark exhaustion, etc., and it is believed that these case briefs can be very beneficial for those interested to have more complete understanding of trademark-related laws and practices in Taiwan. Welcome to access the case briefs below. - 84
NT$ 250,000 in Prizes: Registration for the 2022 Competition for Patent Portfolio Analysis is Now Open!
The 2022 Competition for Patent Portfolio Analysis has officially commenced and will run from now until June 17. Anyone with an interest in the development of IP strategies and portfolios are invited to participate and exchange views on industry trends and patent portfolio analysis.The competition, organized by TIPO, has reached its second year. TIPO aims to encourage commercial use of strategic patent portfolios and foster future patent portfolio professionals in industry and academia with the competition and has therefore, tied the theme with the NDC’s Six Core Strategic Industries.Contestants will conduct patent searches, statistical and chart analysis on the Global Patent Search System (GPSS), which is the main platform where the competition shall take place. GPSS also allows for advanced analysis, such as technology function matrixes, directly on the platform.Patent search analysis can reveal information of interest to businesses, such as the level of core technologies, industry positioning, competitor relations, the evolution of technology, and future trends in technology development. Patent searches can also explore valuable patents to help businesses build their patent portfolios and develop competitive strategies.TIPO is offering a free 12-hr course on patent searches and industry analysis, which will hopefully provide them with valuable practical training. The courses will delve into the field of patent searches, industry analysis, and patent portfolios, as well as instruct contestants on the various search and analysis functions of GPSS. TIPO hopes that with the additional training, contestants will be able to enhance their understanding of patent search and analysis – fostering IP professionals for the future and ensuring Taiwan’s competitive edge in the global community.NT$ 250,000 has been allocated for prizes to attract greater participation, and TIPO will be hosting a series of warm-up events online during the registration period. An expert seminar is scheduled for May 12, and patent experts with many years of practical experience have been invited to share their knowledge and explain important concepts.A warm-up workshop on May 19 will provide practical information on how to build a technical framework before conducting patent searches, and then apply the knowledge to the ongoing competition. TIPO hopes this will help emphasize the importance of having a thorough understanding of the industry before conducting the patent search. Individuals with an interest in the development of IP strategies and portfolios are invited to sign-up. Contestants must register in groups of three to five, and registration will close on June 17, 2022. Please register online or submit the registration form via mail. - 85
TIPO & Taiwan Patent Attorneys Association Co-host the Awards Ceremony for the Patent Specification Drafting Competition for the Youth
The Taiwan Intellectual Property Office (TIPO) partnered with the Taiwan Patent Attorneys Association (TWPAA) on April 26 to host Embracing IP to Chase Dreams – the 2022 Entrepreneur’s Forum, which is part of the 2022 World IP Day event series. The top three contestants - “WIPO’s Penghu Bay (WIPO的澎湖灣)”, “Tokkyo Heidan (特許兵團)”, and “the IPR Trio (智權王道三人眾)” - of the Patent Specification Drafting Competition for the Youth were acknowledged in an awards ceremony just before the forum began.The Patent Specification Drafting Competition for the Youth was held concurrently in three separate locations (i.e., North, Central, and South Taiwan) and attracted many contestants. In fact, registration closed before the deadline when a total of 29 teams of students from 19 Taiwan colleges and universities signed up and filled the registration limit.Contestant teams took classes and competed over a period of two days (April 16 & 17), and the three winning teams were selected by a panel of judges consisting of industry experts and government officials.Each year, TIPO hosts various events to celebrate World IP Day. The theme this year - IP and Youth: Innovating for a Better Future – focuses on encouraging the younger generation to cultivate curiosity and creativity in the post-pandemic era, emphasizing that those brave enough to innovate and change will always remain competitive.This year’s main event is the Patent Specification Drafting Competition for the Youth (翻轉青年:創意專利寫手獎), which uses the Chinese characters “翻轉” to express change, disruption, and new creations. It hopes to inspire creative thinking amongst the younger generation, so that one day, they may turn these dreams into reality. During the two days of the event, undergraduate students were introduced to basic concepts in IPR and patent specifications, in hopes that with the guidance of professional instructors, youths may practice converting creative ideas into tangible IP assets.Among the contestants, several teams were composed of students from different universities: “Long Sheng Boys (龍昇大帥哥)” from National Chung Hsing University and Chung Shan Medical University; “Growing Profits (利來順收)” from Shu-Te University and Sun Yat-sen University; “REVERSAL DESTINY” from National Central University and Chung Yuan Christian University; “the IPR Trio (智權王道三人眾)” from National Defense Univeristy, National Central University, and Taipei Tech; “Taiwan Corgy Loves Dumplings (台灣柯基吃餃子)” from National Tsing Hua University and Taiwan Tech; and “IP NOVICES (智財NOVICES)” from National Chung Hsing University and Fu Jen Catholic Univerisity.In addition to teams with students from different universities, participants also included several graduate and doctoral students, as well as students majoring in the STEM sciences (e.g., electrical and mechanical engineering) and IP-related disciplines. Other fields of study include law, applied mathematics, biomedical sciences, and senior citizen services – even students majoring in Chinese and history were enrolled in the competition. The diversity of majors attests to the fact that invention and creation is an endeavor that transcends the boundaries of traditional disciplinaries – anyone brave enough to innovate can become an inventor. - 86
Bid to Join CPTPP: Legislative Yuan Approves Draft Amendments to the Copyright Act, Trademark Act, and Patent Act
The Legislative Yuan passed draft amendments to the Copyright Act, the Trademark Act, and to Article 60-1 of the Patent Act on April 15, 2022. The amendments, which cleared the third reading, ensure that Taiwan’s IPR laws comply with the CPTPP’s regulations and will hopefully facilitate future negotiations for Taiwan to join the CPTPP.I. Main amendments to the Copyright Act:Instances of illegal digital piracy, distribution, and public transmission which constitute serious infringement are now considered offenses indictable without complaint. “Serious infringement” is determined by the following three criteria: infringement of work provided not for free by another person; reproduction in their original form (100% reproduction); and infringements causing damages exceeding NT$1 million.Optical disc piracy is no longer a major source of infringement and will therefore revert back to general liabilities for reproduction and distribution. As such, provisions which increased penalties for the reproduction and distribution of pirated optical discs, as well as for confiscation and forfeiture thereof, have been deleted accordingly.II. Main amendments to the Trademark Act:To increase the sales and profit of trademark owners and enhance the protection of trademarks, criminal provisions for counterfeiting labels of trademarks or collective trademarks have been added, and criminal liabilities now apply to some preparatory and contributory acts of infringement including the importation of counterfeit labels and packaging of trademarks.According to the existing Trademark Act, the subjective condition for counterfeiting labels to be held civilly and criminally liable is that the acts were carried out “knowingly.” This condition has since been deleted and civil liability will revert to “intentional” and “negligent” acts, whilst criminal liability will be determined by “intentionality”.III. Main amendments to the Patent Act:The CPTPP provides a patent linkage system, a mechanism that enables patent holders to resolve disputes with generic drug manufacturers prior to their marketing of an allegedly infringing product. The patent linkage system was implemented on August 20, 2019, under the Pharmaceutical Affairs Act. As such, the Patent Act was amended accordingly to clearly stipulate that should a generic drug manufacturer make a P4 declaration when applying for a generic drug permit, the patent holder may file an infringement suit against said manufacturer.If the patent holder does not file a suit within the stipulated time period, the generic drug manufacturer may file a declaratory judgement to ascertain whether any infringement has occurred, which will prevent future infringement lawsuits after the generic drug is launched. - 87
2022 National Invention and Creation Award
The Taiwan Intellectual Property Office (TIPO) of the Ministry of Economic Affairs (MOEA) holds the 2022 National Invention and Creation Award to celebrate creativity in research and development and motivate the public to engage in innovation. Entries are accepted from April 11 to July 28, 2022, and inventors, utility model creators, or designers who have been granted a patent within the last 6 years are encouraged to vie for the highest accolade by entering their best works.TIPO has established the National Invention and Creation Award to honor innovative achievements and recognize exceptional patents in Taiwan. Its $100,000-400,000 NTD grants are intended to encourage outstanding creative efforts and acknowledge awardees' inventive contributions, aiming to act as a catalyst that unleashes the innovative potential of Taiwan.Please visit the website (available only in Chinese), call 02-2325-6800 #820, or email [email protected] for detailed information on the 2022 National Invention and Creation Award registration process. - 88
2022 World IP Day Celebratory Event – Patent Drafting Competition for the Youth!
The theme of the 2022 World Intellectual Property Day on April 26 is IP and Youth: Innovating for a Better Future, highlighting the creativity, ingenuity, and curiosity of the younger generation. The youth are the driving force of change and active creators of a better future, expressing their opinions fearlessly and boldly challenge the status quo. In celebration of World IP Day, TIPO seeks opportunities to promote the importance of IPR and the role it plays in encouraging innovation and creativity.TIPO and the Taiwan Patent Attorneys Association (TWPAA) jointly organize the Patent Drafting Competition for the Youth, inviting students from universities and colleges (including graduate students) to participate. In addition, TIPO will provide pre-competition courses, offering lessons that cover the strategies of acquiring and utilizing intellectual property rights, the means to patent an idea, and case analyses and discussions. Said concepts will be explained in simple terms, allowing the participants to gain an in-depth understanding of patents and the ability to complete a patent specification. Experience-sharing and feedback sessions will also provide participants with additional opportunities to learn and grow. The event will be held in Taipei, Taichung, and Kaohsiung on April 16 and 17.As part of World IP Day celebrations, in addition to the Award Ceremony of the Patent Drafting Competition for the Youth, TIPO and TWPAA will also be holding the Embrace IP and Pursue Your Dreams - 2022 Entrepreneur Seminar, where young entrepreneurs will be invited to share their successful experiences.A series of events will also be held that week in celebration of the special day: seminars such as Social Media and Virtual Reality vs. IPR, Careers in IP, and Laws regarding IP and Creations in the New Age. Moreover, throughout April, Information Session for Trademark-Related Laws will be held for the youth, young startups, as well as burgeoning industries in general; IP Training Camp on Campus, a promotional activity focusing on copyright protection, will also be underway.The series of activities in celebration of World Intellectual Property Day are designed to foster respect and a deeper understanding of intellectual property, push forth and implement the protection of IPR, and create an environment where domestic innovation and R&D can continue to flourish and thrive. - 89
Remote Patent Application Interviews Available March 1, 2022
An effective interview can expedite the patent examination process. However, applicants may not always be available to be interviewed at TIPO in person or join video interviews at TIPO service centers. The Ministry of Economic Affairs has thus amended the sixth point of the "Operation Directions of TIPO, MOEA for Patent Interviews" and implemented the new measure of Remote Video Interviews for Patent Applications on March 1, 2022. Applicants and patent agents are able to select a remote location to conduct trilateral video interviews at their convenience. For example, a video interview can still be held when the patent applicant is in Japan, the agent at their own office in Taiwan, and the examiner at TIPO. This measure applies to patent application and reexamination cases but does not apply to invalidation cases. - 90
The 2022 EU-Taiwan Seminar on Design Protection a Success Thanks to Everyone’s Participation and Support!
The Taiwan Intellectual Property Office (TIPO) has partnered with the European Economic Trade Office (EETO) to host the 2022 EU-Taiwan Seminar on Design Protection on March 9th, 2022 (Wed.) at the GIS MOTC Convention Center.For the seminar, Pieter Veeze (Senior Lawyer at the Benelux Office for Intellectual Property), Adriana (Rianne) van Rooden (Policy Officer at DG GROW, European Commission), Stephan Hanne (Policy Officer at DG Trade, European Commission), Professor Chung-Hsin Chang (Assistant Professor at Soochow University), Ming-Feng Hsu (TIPO Senior Patent Examiner) were invited to share and exchange on the differences in Taiwan’s and the EU’s approach to design protection, the challenges and opportunities arising from global digitalization, and the interaction between copyright and design protection.Over 188 attendees from the private sector, government agencies, and academia participated in this seminar either online or in-person to exchange experiences and perspectives with Taiwan and European experts and cultivated a space for active discussion. - 91
TIPO’s Updated Online Trademark Registration System Now Available!
TIPO has updated the trademark online registration process and interface to make it easier for applicants to apply for trademarks online. With our new guided design, users can complete registration in just 5 steps.The new system was launched for service on February 15, 2022 for three forms: traditional trademark applications, amendments, and withdrawals. TIPO is planning to add color, sound, and 3D trademark applications as well as divisional applications and applications for change prior to registration in the third and fourth quarters of 2022. Among the planned additions, the scope of the trademark application service will be expanded to include collective trademarks, certification marks, and collective membership marks at the same time. TIPO will be overhauling the online trademark registration system to ensure user convenience.The new system will be compatible with different browsers and mobile devices. New complementary functions include converting wordmarks into images, image conversion online, a search engine for trademarks, etc. Please feel free to log on and browse through our latest services. - 92
Registration Now Open for the Seminar on Increasing Patent Capacities and Values!
TIPO is hosting a Seminar on Increasing Patent Capacities and Values to share patent practices with corporations and advance the quality of their patents. For the seminar, TIPO will be offering customized patent courses, to be delivered by patent examiners at TIPO, based on company demands. We are accepting applications from SMEs until March 31st. - 93
TIPO Publishes Case Studies on IT Patent Examination
In order to protect innovation and establish clear standards for patent examination, TIPO has updated Part II, Chapter 12 of the Examination Guidelines for Computer Software-Related Inventions, in response to industry changes. The revisions came into effect on July 1, 2021.TIPO also provides 20 case studies across the five major fields of IT – AI, IoT, blockchain, cloud applications, and big data – to help applicants better understand the basis on which patent applications are assessed and ensure that patent examiners utilize the same concepts during examination. The compendium of case studies, Case Studies on IT Patent Examination, is available to the public and includes both patentable and non-patentable requests to illustrate, step-by-step, how the patentability of each request is considered.Case Studies on IT Patent Examination explains patentability criteria such as the definition, clarity, and inventive step of the invention, as well as whether it can be carried out by a person ordinarily skilled in the art. Also included within the compendium are detailed, step-by-step descriptions of how each criterion is considered, making it easy for IT patent applicants to follow the process and facilitate their own application. This will also ensure better quality software-related patents for Taiwan in the future. - 94
TIPO Sets Up Net Zero Emissions IP Info Section to Facilitate Industry Use of Carbon Reduction Technologies
Reaching net zero emissions by 2050 is considered a collective goal by the global community, and as such, TIPO has set up a dedicated Net Zero Emissions IP Info section to provide information on green technologies and AEP requests for related patents, including:Green Technology Patent Analysis: Includes the Carbon Reduction Technology Development Patent Map, as well as patent analysis reports for hydrogen fuel cell vehicles, smart grid, electric assisted bicycles, off-shore wind energy.AEP Requests for Green Technologies: The scope of eligibility for the Accelerated Examination Program has been revised and expanded from “green-energy technologies” to encompass “green technologies”, and the examination time has been shortened from nine to six months.Quick Green Technology Patent Search: Established the “Green Technology Section” in the Global Patent Search System (GPSS). The new section includes search criteria such as biofuel, wind energy, thermal energy storage, allowing users to quickly search through global patents of a particular field through one simple click.TIPO will continue to compile information on IP research related to green technology and make it available to the public by uploading it to the Net Zero Emissions IP Info section. - 95
2022 EU-Taiwan Seminar on Design Protection
To facilitate the bilateral exchange of intellectual property rights-related discussions between Taiwan and the EU, TIPO has partnered with the European Economic and Trade Office (EETO) to host the 2022 EU-Taiwan Seminar on Design Protection. The seminar will focus on differences in Taiwan’s and the EU’s approach to design protection, the challenges and opportunities arising from global digitalization, and the interaction between copyright and design protection. Everyone interested in the design protection systems of Taiwan or the EU is welcome to register.Date:9 March 2022, 15:50-18:45 (Taipei Time) / 08:50-11:50 (Brussels Time)Venue:3F GIS MOTC Convention Center【You can also participate in the virtual meeting at the Information Center of TIPO in Taichung, Tainan and Kaohsiung. 】 - 96
Executive Yuan Approves Draft Amendments to the Copyright Act and the Trademark Act on January, 20, 2022 for Bid to Join CPTPP
In order to facilitate Taiwan’s accession to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), TIPO has proposed amendments to the Copyright Act and the Trademark Act based on differences in regulations found in 2016 between the Trans-Pacific Partnership (TPP) Agreement (CPTPP’s original incarnation) and those of Taiwan. As the review procedure of the proposed amendments were not finished by the Legislative Yuan during the previous (9th) term, they were resubmitted to the Executive Yuan in 2020 and have just been approved by the 3787th meeting on January 20th, 2022. The drafts have been submitted to the Legislative Yuan for review and once ratified into laws, will be able to enhance deterrence against copyright and trademark infringement, further protect the interests of consumers and copyright holders, and facilitate Taiwan’s international participation and regional competitiveness in economic trade.Main draft amendments to the Copyright Act:To better safeguard the rights of copyright holders, amendments have been made such that instances of illegal digital piracy, distribution, and public transmission constituting a serious infringement are now considered an offense that is actionable without complaint (i.e., indictable), and “infringement of work provided not for free by another person,” “reproduction in their original form (100% reproduction),” “infringements causing damages exceeding one million New Taiwan Dollars” are listed as the three conditions for determining an instance of serious infringement (amendments to Article 100).As optical discs no longer constitute a main source of infringement and are included within the scope of digital piracy defined in amendments to Article 100, the increased penalties under the current law for the indictable offense of reproduction and distribution of pirated optical discs have become redundant and thus been deleted, and will revert to general liabilities for reproduction and distribution. Corresponding provisions of confiscation and forfeiture have also been deleted accordingly (deletion of Article 91 paragraph 3, Article 91-1 paragraph 3, Article 98, and Article 98-1).Main draft amendments to the Trademark Act:According to the existing Trademark Act, the subjective condition for counterfeiting labels to be held civilly liable is that the acts were carried out “knowingly.” This condition has been deleted and will revert to “intentional” and “negligent” acts, i.e. the subjective conditions for general civil damages (amendments to Article 68).To enhance the sales and profit of trademark owners and ensure the protection of trademarks, criminal provisions for counterfeiting labels of trademarks or collective trademarks have been added, and criminal liabilities now apply to some preparatory and contributory acts of infringement including the importation of counterfeit labels and packaging of trademarks (amendments to Article 95).With respect to counterfeiting labels of certification marks and selling or intending to sell infringing goods made by another person, the subjective condition for these acts to be held criminally liable is that the acts were carried out “knowingly.” To meet social expectations of justice, this subjective condition has been deleted and will revert to “intentional” acts for criminal penalties, which includes indirectly intentional acts that can be foreseen to cause infringement (amendments to Articles 96 and 97). - 97
Top 100 Patent Applicants in 2021
According to TIPO’s 2021 Statistical Rankings for Patent Applications and Grants, TSMC was the top domestic applicant for invention, utility model, and design patents, with 1,950 applications filed. The company has held on to its lead for the sixth consecutive year now. As for foreign applicants, Qualcomm claimed the top spot for the second year in a row, having filed a total of 845 applications. With respect to the number of patents granted for all three patent types, TSMC led the pack for domestic applications (1,053 patents granted), and Applied Materials was the most successful foreign applicant (492 patents granted). Invention patent applications by domestic corporations and research institutions of the top 100 went up by 17% and 11% respectively.TSMC is top domestic applicant for the sixth year in a rowAs regards domestic applicants, TSMC has consistently filed the most applications since 2016. In 2021, that number surged by 78% to 1,950 cases, followed by AU Optronics (471 cases). Realtek Semiconductor (442 cases) and Nanya Tech (290 cases) each filed their highest number of applications ever, coming in fourth and sixth, respectively. Delta Electronics moved back into top 10 with 205 applications (+18%) (Table 1).The top 100 domestic patent applicants filed 12,234 cases in 2021, a year-on-year increase of 8%. This is mainly driven by a 13% rise in the number of invention patent applications (share of 75%), which came from corporations (+17%) and research institutions (+11%). The filings in design patent applications also grew by 1%. However, the filings in utility model patent applications fell by 7%, mainly due to a decrease of 20% in school applicants (Figure 1, Figure 2).Six banks among top 100 domestic applicants – MEGA International Commercial Bank takes lead; Hua Nan Bank applies for the most invention patentsThere were six banks among the top 100 domestic patent applicants in 2021. MEGA International Commercial Bank (165 cases) headed the list of patent applications, followed by CTBC Bank (155 cases) and Taiwan Cooperative Bank (144 cases). All the top 3 domestic banks marked a growth of 53% - 85%. For a second consecutive year, Hua Nan Bank (46 cases) remained in the top position for bank invention patent applications (Table 3).Among school applicants, Taipei City University of Science and Technology leads in overall patent applications, while National Yang Ming Chiao Tung University is most active in invention patentsTwenty-eight schools were among the top 100 domestic applicants for overall patents. The Taipei City University of Science and Technology ranked first with 170 applications. Meanwhile, National Yang Ming Chiao Tung University (135 cases) claimed first place in school rankings for invention patent applications. This is followed by National Cheng Kung University (102 cases), National Taiwan University (86 cases) and National Tsing Hua University (86 cases) (Table 4).Industrial Technology Research Institute remains in top position for invention patent applications filed by research institutionsFive research centers were also among the top 100 domestic applicants for patents of any type. Placing fifth in the overall rankings was the Industrial Technology Research Institute with 404 applications. Behind it was the Metal Industries Research & Development Centre (89 cases) (Table 5).Qualcomm heads foreign patent applicants for a second consecutive yearAs for the top 10 foreign applicants, Qualcomm remained at the top with 845 patent applications, marking an increase of 17%. Altogether, there were four semiconductor equipment manufacturers in the top ten: Applied Materials (793 cases), Tokyo Electron (477 cases), and DISCO (225 cases) came in second, fifth and tenth, respectively. In addition, ASML (265 cases) filed its highest number of applications and moved up to number eight. Samsung Electronics ranked fourth with 520 cases, marking the highest growth rate of 98% among the top 10 (Table 2).The top 100 foreign patent applicants filed 14,149 cases (+5%) in 2021, of which invention patent applications accounted for 87%. The filings in invention patent applications rose by 5%, while utility model and design patent applications also grew by 3% and 6% respectively (Figure 3). - 98
TIPO Statistics Report: Patent and Trademark Applications in 2021
In 2021, overall patent applications increased by 1% to 72,613 cases. Of these, invention patent applications (49,116 cases) grew by 5%, while utility model (15,796 cases) and design patent applications (7,701 cases) decreased by 10% and 4% respectively. For trademark applications, 95,917 cases were filed—the highest number recorded ever since TIPO was founded in 1999. As to examination efficiency, the average disposal pendency was 14.0 months for invention patent applications and decreased to 6.2 months for trademark applications.Resident invention applications highest since 2014 with growth seen in industry and research institutes Invention patent applications (19,547 cases) filed by residents hit their highest level since 2014. This was due to a 6% rise in the number of applications by corporations, with those filed by large enterprises alone increasing by 9%. Meanwhile, applications by research institutes also saw a growth of 2%. However, utility model (14,543 cases) and design applications (3,534 cases) went down by 12% and 10% respectively due to the decreases in the corporation and individual sectors (Table 1, Figure 2, Figure 3). As for non-residents, there was an overall increase in applications for invention (29,569 cases), utility model (1,253 cases), and design (4,167 cases) patents, seeing a growth of 7%, 13%, and 2% respectively (Table 1, Figure 2).Japan claims top spot in non-resident patent applicationsA breakdown by applicant nationality shows that Japan continued to top the list with 13,324 overall applications, followed by the US (7,986 cases) and mainland China (4,253 cases), while South Korea (2,388 cases) had the highest growth rate among the top 5 countries. Japan also led in the number of invention and design patent applications, and mainland China surpassed other countries in utility model applications (Figure 4).Overall trademark applications reach record high due to growth in resident and non-resident applicationsAs for trademarks, the number of applications reached 95,917 cases (covering 123,217 classes), showing a growth of 2%. This was mainly due to a 2% and 3% increase in resident (73,374 cases) and non-resident applications (22,543 cases) respectively (Table 1, Figure 5, Figure 6).Among the top 5 trademark-filing countries or regions, mainland China (4,929 cases) took the lead, followed by the US (4,032 cases) and Japan (3,437 cases). Applications filed by mainland China and the US were up 8% and 6% respectively, while those by Japan were down 14% from last year (Figure 7).Class 35 (business operation) and Class 9 (computer and technology products) of the Nice Classification reports the strongest growth in resident and non-resident trademark filings respectivelyWith regard to resident trademark applications, Class 35 (advertisements and business operation) topped the list with 15,034 classes, marking an increase of 13% (Figure 8). Among resident applicants, UNI-PRESIDENT ranked first with 567 classes, followed by TAIWAN FAMILYMART (180 classes) and KING CAR FOOD (147 classes) (Figure 9).Regarding non-resident trademark applications, Class 9 (computer and technology products) led with 4,502 classes, while Class 42 (scientific and technological services) recorded the strongest growth with 20% (Figure 8). Among non-resident applicants, BUNNY GIRL led with 135 classes, followed by XIAOMI (132 classes) and SHISEIDO (107 classes) (Figure 9).Invention patent and trademark application pendency remain stableTIPO went full throttle to step up examination efficiency. As a result, the average disposal pendency was less than 14 months for invention patent applications. For trademark applications, average disposal pendency dropped to 6.2 months—a record low since 2009. Pending applications for both invention patent and trademark applications were maintained at about 50,000 cases (Figure 10, Figure 11) to help businesses quickly obtain IP rights and begin developing portfolios. - 99
TIPO’s Q4 2021 IPR Statistics Report
In Q4 2021, TIPO received a total of 19,210 patent applications (including invention, utility model, and design patents), marking a less than 1% decrease from the same period last year, whereas trademark applications (24,839 cases) grew by 1%. As for invention patent applications, ITRI (252 cases) came out on top among resident applicants for the first time, and Applied Materials (234 cases) led non-resident applicants. Most trademark applications were filed under the agriculture industry. Uni-President (178 cases) and Cognosphere (56 cases) ranked at the top among resident and non-resident applicants, respectively.Patent ApplicationsAmong the three types of patent applications, there were 12,992 invention patent applications filed this year, a growth of 2% compared to the same period last year. This was mainly due to an increase in non-resident applications. On the other hand, the number of utility model and design patent applications dropped. All three types of patent applications filed by non-resident applicants saw growth anywhere from 6% to 20% (Table 1).The number of applications from domestic enterprises (3,528 cases) fell mainly because those from large enterprises (2,631 cases) decreased. On the other hand, the number of applications filed by small and medium enterprises (897 cases) rose by 1%.As for resident applications, ITRI topped with 252 invention patent applications while Acer with 23 design patent applications. Most of the top 10 enterprises of invention patent applications saw growth even though the total number of invention patent applications filed by all enterprises fell. Of these, Realtek (137 cases), Nanya (83 cases) and Nuvoton (56 cases) reached a new high in ten years (Figure 2). Invention patent applications filed by research institutes (454 cases) saw an increase of 17%, with ITRI (252 cases) outnumbering the others.The number of non-resident applications (9,466 cases) grew by 10%, mainly due to a 10% increase in invention patents (Table 1). Among non-resident applicants, Japan took the lead with 3,117 invention patent applications. The number of invention patent applications of the top 5 filing countries (regions) saw an increase anywhere from 6% to 23% (Figure 1).The number of design patent applications filed by non-resident applications (1,094 cases) were up by 6% (Table 1). Of these, the US came on top with 272 applications, outnumbering Japan in Q4 2021 (Figure 1).As for the top 10 non-resident applicants, Applied Materials topped the list of invention patent by filing 234 applications; Harry Winston occupied the leading place in design patents with 53 applications. Both the two applicants saw significant growth - the former at 64% and the latter, 382% (Figure 2, Figure 3).Trademark ApplicationsCompared to the same period (Q4) last year, trademark applications (24,839 cases) received by TIPO showed a 1% increase; the number of classes covered (31,809 classes) also showed a 1% increase. The number of resident applications were up by 2%, while that of non-residents down by 3% (Table 1).In terms of application classes, resident applicants filed the most applications (3,937 cases) in Class 35 (advertising, business management, retail, wholesale services, etc.), marking a 12% increase (Figure 4). Uni-President filed 178 applications, ranking first among the top 10 resident applicants (Table 2).As to non-resident applicants, mainland China filed the most applications (1,230 cases) compared to other countries (regions) (Figure 1). In terms of application classes, non-resident applicants filed the most applications (1,163 cases) in Class 9 (computer and technology products, etc.)(Figure 5). Cognosphere, which was not an applicant in Q4 2020, filed 56 applications, outnumbering all other non-resident applicants (Table 3).As for industry categories, most trademark applications received by TIPO were classified under “Agriculture” (6,947 cases), and resident applications (5,877) represented a larger share. Non-resident applications were mostly filed under “research and technology” (2,039 cases) (Figure 6). “Business and financial services” stood at the second spot for resident applications, marking growth for two consecutive years. - 100
Seminar on IP Landscape in New Southbound countries
To actively assist Taiwanese companies in building IP portfolios in New Southbound countries, on August 27 (Tuesday) and 28 (Wednesday), 2019, TIPO will hold a seminar on IP Landscape practices in New Southbound countries with Taiwan Patent Attorneys Association (TWPAA) at Tsai Lecture Hall, College of Law, National Taiwan University in Taipei.The seminar has the intellectual property office officials and patent attorneys of Malaysia, the Philippines, Thailand, Vietnam, Indonesia, and India as guest lecturers. They will speak about the invention patent and utility model patent systems (such as application requirements, the time limit for OA response, and patent term), patent examination practices, and the things to note when filing applications and protecting patents for Taiwanese companies in New Southbound countries. IPR can protect a company’s business achievements while generating more value for the company. When entering the local market of a New Southbound country, if using the country’s IPR system properly and setting appropriate IP portfolio strategies, the company shall be able to leverage its advantages more. TIPO expects the seminar to help attendants learn more about the IPR practices in New Southbound countries.For more information, please keep a close eye on TIPO’s website and our Facebook fan page.