TIPO holds a working-level meeting with the KIPOOn July 12, TIPO held its fourth working-level meeting with the Korean Intellectual Property Office (KIPO) in Taipei. Senior Deputy Director Jinyong Lee and Deputy Director Jun-Jae Lee of the KIPO took part in the meeting, and exchanged views and experiences with their Taiwanese counterparts on issues such as the Cooperative Patent Classification (CPC) system, trade secrets protection measures, as well as the protection regime for IP in general. The two sides were satisfied about the fruitful results achieved at this exchange meeting and looked forward to next working-level meetings in the future to continue their discussion on issues of mutual concern.
Patent and trademark applicants failed to comply within a statutory period for their application as a result of the Typhoon Maria may apply for a reinstatementAccording to Article 17 of the Patent Act, Article 12 of the Enforcement Rules of the Patent Act, Article 8 of the Trademark Act, and Article 9 of the Enforcement Rules of the Trademark Act, in the event when an applicant of a patent or trademark fails to comply within a statutory period, if such delay is caused by a natural calamity, then the applicant may apply for a reinstatement. As such, for patent or trademark applicants who failed to comply within a statutory period for their application as a result of the typhoon that hit Taiwan on July 10 and resulted in the cancel of work in certain counties or cities on July 11, if they apply for a reinstatement, TIPO will have a review of the applications and make the final decision on a case-by-case basis.
TIPO will hold its first hearing on a patent invalidity case on July 27, 2018, which will open to the public for observationTIPO has announced the Guidelines on the Hearing System for Patent Invalidity Cases on March 30, 2018. By holding hearings on patent invalidity cases, it is hoped that the two parties of a patent invalidity case will have an opportunity to fully express their views. In addition, with the collegiate panel made up of three examiners, and as the hearing will be public, it is hoped that the accuracy of patent examination will be further improved. To encourage both parties of a patent invalidity case to make use of the new system, currently, it is free of charge to apply for a hearing. TIPO will hold its first hearing on a patent invalidity case on the morning of July 27.General public can visit the Patent/Hearing section on TIPO’s website and apply to observe the hearing.Applying for observation
Director General Hong Shu-min gives a talk at a luncheon held by AmCham TaipeiOn June 22, 2018, Director General Hong Shu-min gave a keynote speech, entitled “Forward-moving TIPO”, at a luncheon invitated by AmCham Taipei. In her presentation, Director General Hong shared what TIPO has been doing to enhance IPR protection, including its efforts to reduce patent backlog, improve examination quality, and promote cooperation with other IP offices. In addition, she also talked about TIPO’s plans to draw up draft amendments to IP laws this year, efforts to improve examination quality, practices to provide greater protection to trade secrets, as well as measures to create an environment conducive to convenient patent search and utilization. Last but not least, she also responded to concerns raised in AmCham’s White Paper this year. The exchange has allowed members of AmCham Taipei to gain a better understanding about TIPO’s policies, thereby allowing them to make better use of services provided by the Office.
Patent and trademark applicants who failed to comply within a statutory period as a result of the earthquake that hit Osaka on June 18, 2018, may apply for a reinstatementAccording to Article 17 of the Patent Act, Article 12 of the Enforcement Rules of the Patent Act, Article 8 of the Trademark Act, and Article 9 of the Enforcement Rules of the Trademark Act, in the event when an applicant of a patent or trademark fails to comply within a statutory period, if such delay is caused by a natural calamity, then the applicant may apply for a reinstatement. As such, for patent or trademark applicants who failed to comply within a statutory period for their applications as a result of the earthquake that hit Osaka on June 18, 2018, if they apply for a reinstatement, in principle, the lenient decision will be made by TIPO on a case-by-case review.
TIPO holds an information session on trends regarding Fintech patents and technologies as well as on patent application statistics of the financial industry in TaiwanTo help the Fintech industry gain a better understanding about trends regarding Fintech patents and technologies as well as about patent application statistics of the sector in Taiwan, TIPO is to hold an information session on the topic at its meeting hall on the 18th floor of its office building on July 18, 2018. The session covers topics such as trends regarding Fintech patents and relevant core technologies, as well as an analysis on statistics regarding Fintech patent applications made by domestic financial institutions, including information about the grant/rejection rate of such applications, as of the first quarter of this year. By so doing, TIPO hopes to provide greater support to Fintech-related industries, thereby allowing them to get hold of the latest trends of Fintech patents and technologies in a timely manner while avoiding possible mistakes in their patent application, so as to improve the grant rate among their patent applications.
TIPO amended its Article 19 of the Enforcement Rules of the Trademark ActArticle 19 of the Enforcement Rules of the Trademark Act has been amended to stay current with the regular updates of the WIPO’s International Classification of Goods and Services. Specifically, the Schedule stipulated in Article 19 was deleted, and the Registrar Office now has the authority to publish the Classification of Goods and Services according to the latest headings of classes under the International Classification of Goods and Services published by the WIPO.
TIPO to hold briefings on IPR affairs for 2018, starting from July 3. Registration is now openTo share with the public what TIPO has been doing, and to communicate more directly with people from all circles, TIPO is to hold its 2018 briefings on IPR affairs on July 3, 6, 12, 13, and 18 in Taipei, Taichung, Tainan, Kaohsiung, and Hsinchu, respectively. The briefings will be hosted by Director General Hong Shu-min of TIPO, with other TIPO senior officials also present. The briefings will cover three major topics; they are: introduction of highlights of the draft amendments to the Patent Act; the analysis of evidence for the examination on the invalidity of patents, covering written evidence, physical evidence, and information on the Internet; as well as an introduction to the Taiwan Global Patent Search System (GPSS). In addition, there will also be Q&A sessions on general IP topics for the industrial sector and IP agents at the end of each briefing. Registration is now open and TIPO welcomes participants from all circles.More information
TIPO field offices to hold IP awareness classes at SMEs and industrial parksTo help SMEs gain a better understanding about IP issues involved in the process of commercialization and production, and to support them in their application of IPs as well as their access to IPR protection information, field offices of TIPO have started running IP awareness classes for SMEs and industrial parks for the year of 2018. The service is free of charge and tailor-made courses are available at request. Businesses will be able to choose one of the following types of courses: 1. On-site classes: provided by TIPO field office directors on venues designated by SMES. 2. Video classes: provided by senior TIPO officials specializing in patents, trademarks, copyright, or trade secrets, to SMEs at TIPO field offices through video calls. Under the scheme, in March, the Hsinchu field office talked to local businesses about the advantages and disadvantages of expanding their patent portfolios of utility models; while the Kaohsiung field office introduced itself, what services it provides, classes it offers, and its support for SMEs, at an opening ceremony of a cultural and creative industry cluster—which was also a presentation event showing results of promoted vendor exchanges—held by the National Pingtung University. In May, the Tainan field office held a patent promotional event for local SMEs, while the Kaohsiung field office talked about IP protection and IP application at the Neipu Industrial Park. These customized patent classes have all been very well received by local businesses.Travel directions to and contact details of TIPO branch offices
Workshop on Copyright CMO Licensing Practices: Must-knows for Copyright Users held on June 19Business owners have a tendency to play music in their business establishments as it is an effective way to attract clients. However, some of them just have no idea that they are required to obtain a license before they can play music at a public venue, while some others simply do not know how to get a license. To help users gain a better understanding about this, TIPO held the Workshop on Copyright CMO Licensing Practices: Must-knows for Copyright Users on June 19, introducing to micro business operators (including owners doing business in high street premises or of individual stores)—who usually have a tendency to play music in their business venues—as well as owners of performance venues topics such as the collective management organization (CMO) system in Taiwan, how it works, licensing practices, as well as how to obtain legal copyright licensing and why it is important. Representatives of major CMOs in Taiwan have been invited to share their experience in licensing copyright with users through face-to-face dialogue. By so doing, it is hoped that more users will be encouraged to obtain a license before making use of copyrighted works.
An information session on copyright issues involved in teaching and relevant real-world cases held by TIPO on June 27It is not uncommon for teachers to make teaching materials by making photocopies of other people’s copyrighted books or articles, or by making use of articles or images created by others, or materials provided by publishers in their teaching. And these are all activities that involve the use of various types of copyrighted works. To improve teachers’ knowledge about copyright matters, TIPO held an information session on copyright issues involved in teaching and relevant real-world cases at the Dadun Cultural Center in Taichung on June 27. In the event, Assistant Professor Chang Chung-hsin of the School of Law of the Soochow University was invited to talk about possible copyright matters involved in teaching and share relevant real-world cases, in the hope of helping participants gain a better understanding about copyright while promoting intellectual property rights protection on campus.
TIPO publishes the English language version of its 2017 annual reportTIPO has focused its work on improving IP quality, supporting the industry, and promoting international exchanges in the year of 2017. By so doing, it has improved the value of IPs in Taiwan, provided better IP services to SMEs, and worked with international partners across a wide range of issues. For example, in terms of examination efficiency, the average first-action pendency and the average disposal pendency for invention patents have dropped to 9 and 16 months, and those for trademarks have dropped to 5 and 7 months, respectively, the best over the past five years. As for examination quality, TIPO has published guidelines on patent examination quality review, and launched the Patent Examination Quality Review 2.0, a project dedicated to further improving the framework for patent examination quality reviews while introducing the Patent Application Face-to-face Interview 2.0 project, in the hope of cultivating patents of even better quality. In terms of its support of SMEs, TIPO, along with its branch offices, have provided tailor-made classes to SMEs to equip them with the basic knowledge of IP matters and how to improve patent quality. Moreover, information sessions were held for IP professionals to improve their competence in design patent. TIPO also published trend analysis on important industries. By doing so, TIPO aimed to provide the industries with the professional and just in-time support they needed to expand their IP portfolio around the world. As for international exchanges, TIPO’s MOU on Patent Prosecution Highway (PPH) with its Japanese counterpart has been extended for another three years. In addition, an MOU on IPR enforcement cooperation has been signed with the US; an MOU on PPH cooperation signed with Poland, and an MOU on the mutual cooperation in the field of deposit of biological material for the purpose of patent procedure was signed with the UK, showing TIPO’s multidimensional cooperation with many international partners.2017 Annual Report
TIPO Director General Hong Shu-min gives talks in JapanOn March 18-21, 2018, TIPO Director General Hong Shu-min visited Tokyo and gave talks to Japanese businesses on such topics as the legal regime and examination practices concerning non-traditional trademarks, as well as new patent–related measures adopted in Taiwan, at the invitation of the Japan-Taiwan Exchange Association. In the talks, real-world cases were illustrated to elaborate on Taiwan’s legal regime for non-traditional trademarks as well as the IP Court. Other topics touched upon include the extension of patent terms and the introduction of the patent interview 2.0” system. By holding such exchanges, it is hoped that Japanese business will gain a better understanding about Taiwan’s IP environment.
TIPO representatives attend the 46th meeting of the Asia-Pacific Economic Cooperation (APEC) Intellectual Property Rights Experts Group (IPEG 46)On February 27-28, 2018, TIPO officials attended the 46th meeting of the Asia-Pacific Economic Cooperation (APEC) Intellectual Property Rights Experts Group (IPEG 46) in Port Moresby, Papua New Guinea. During the meeting, TIPO officials briefed on four topics, including “Trade Secrets Protective Legal Regimes and Practice”, “Measures to Enhance Patent Examination Quality” “Guidelines on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs” and “Measures to Help Right Holders and Advertisers Avoid Placing Advertisement on Infringing Websites”, and shared experiences with other member economies. Earlier, on February 25, TIPO officials also attended “Trademark Infringement Determinations in a Border Enforcement Context”, a seminar held by the US in the same city, to exchange views with representatives of other countries about the determination of trademark infringement at the border.
TIPO releases an analysis report on trends regarding FinTech patentsThe FinTech industry has booming in many countries, and the number of FinTech patents has been on the increase over the years. In contrast, the number of FinTech-related patents in Taiwan is relatively low, and the island lacks many of the core technologies to develop the industry. To provide support, in 2017, TIPO made an analysis report on statistics concerning FinTech-related patent applications on the international stage over the past ten years, in an attempt to find out the direction of technology development and application for the FinTech industry in the future. The report also covers patent documents of international core technologies, contents of such technologies, as well as analysis on the future trends of them. It is hoped that the report can serve as a reference point for domestic financial-related industries interested in expanding their FinTech patent portfolios.Report
The Guidelines on the Hearing System for Patent Invalidity Cases will come to effect on March 30, 2018TIPO has published contents of the Guidelines on the Hearing System for Patent Invalidity Cases on March 1 this year and made changes of wording according to public opinions collected since then. The Guidelines will come into effect on March 30, 2018. Major provisions in the Guidelines include: (1) Parties concerned in a patent invalidation case can make a suggestion about holding a hearing. TIPO can also decide to hold a hearing on a case-by-case basis when necessary. (2) Hearings of patent invalidation cases will be conducted by a panel made up of three examiners before an examination decision is made to ensure that the examination is carried out in a detailed and comprehensive manner. (3) Parties concerned in a patent invalidation case can make an oral statement when a point of contention is confirmed, allowing them to have all of their opinions heard, which can help clear things up and unearth the truth. (4) In general, hearings concerning patent invalidation cases are open to the public. In addition to stakeholders of the patent in dispute, the public can also attend and observe the hearing by making an application online, allowing the participation of a wider audience. By introducing practices such as a panel and a public hearing—which allows greater participation of the public—to the Guidelines on the Hearing System for Patent Invalidity Cases, it is hoped that the accuracy of examination results on patent invalidity cases will improve, and that people will develop a greater trust in the decisions.More information
TIPO is to hold four information sessions on trademark laws and relevant casesTIPO is to hold four information sessions on April 25, April 26, May 3, and May 4, respectively, to inform the public legal opinions of the Petitions and Appeals Committee and the IP Court over disputed trademark cases. A variety of topics will be covered, such as “the eight main reasons causing trademark confusions”, “the confusion or dilution of well-known trademarks”, “the attempt to copy, imitate, or use unregistered trademarks”, and “the use of registered trademarks”. By looking at trademark cases, relevant laws, and prerequisites for the application of the laws (including the types of trademarks), TIPO aims to clarify the key points of contention in disputed trademark cases.
TIPO is to hold three seminars on appropriate confidentiality measures for businesses to protect their trade secretsDue to lack of knowledge about the law, a lot of times businesses find it extremely difficult to seek legal remedies when their trade secrets are stolen. In addition, in the event when complicated technologies are involved in trade secret thefts, businesses will have to learn about how to respond and how to prepare materials needed—such as a checklist for reporting an intellectual property crime—in a short span of time, which is necessary to help law enforcement officers gain an understanding about what has happened right away. Such issues are all things that businesses need to have a grasp of to afford greater protection to their trade secrets. To better support businesses on this front, TIPO will team up with the Taiwan Association for Trade Secrets Protection (TTSP) and jointly hold three seminars on appropriate confidentiality measures this summer. Law enforcement officers as well as business managers with relevant real-world experience are invited to talk about topics such as the checklist for trade secret thefts, current investigation practices, as well as measures can be adopted to ensure appropriate confidentiality. TIPO representatives will also brief the audience on the Trade Secrets Act, in the hope of supporting businesses to establish an effective system to protect trade secrets and to develop their response strategies for possible damages in the future. Three seminars will be held this time around, in National Taiwan University (May 4), National Cheng Kung University (June 8), and the Central Taiwan Science Park (June 29).
Application for the service of TIPO’s IPR Protection Service Group in 2018 is now openEvery year, TIPO would recruit IPR experts and scholars and form the IPR Protection Service Group, which would tour the country giving promotional talks. The talks are interactive, allowing participants to gain a better knowledge about IPR matters in a lively manner. Businesses, schools, and government agencies are welcome to apply for such service if they have a crowd of 30 people (20 people for businesses). Applicants could also decide on the date and the topic. The two-hour talk would be totally free, and application for the service this year is now open.
TIPO updates its Cross-strait Concordance List of Similar Group Codes (Corresponding to Nice Classification 11th edition, Version 2018 (NCL 11-2018))As the 2018 version of the 11th edition of the Nice Classification (NCL) of WIPO has come into force, TIPO has updated its Cross-strait Concordance List of Similar Group Codes (corresponding to NCL (11-2018). By so doing, it is hoped that the list can serve as a reference point when people try to identify the classification of designated goods and/or services or to carry out a search for similar trademarks already pending or registered, thereby affording users across the Taiwan Strait an opportunity to develop better advance planning before they file trademark applications.More information