TIPO to Incorporate Changes Introduced by Locarno Classification (13th Edition) September 1st, 2021TIPO has updated its classification list of industrial designs in accordance with the 13th edition of the World Intellectual Property Organization’s Locarno Classification for Industrial Designs (effective since 2021); changes include newly added categories for various arrangements of shop interiors and window displays as well as emerging technologies such as virtual reality devices.The new classification list has been published on the TIPO website and is applicable to design applications submitted after September 1st, 2021.
Registration for Copyright Advocacy Online Seminar Series Now Open!To circumvent any misconceptions or negligent conduct that leads to copyright infringement, TIPO continues to hold Information Sessions on Protection of Internet Copyright, Information Sessions on Copyright in Cultural and Creative Industries, and Seminar for Copyright Knowledge and IPR Infringements and Enforcement Practices for Online Sellers and Influencers in 2021. This seminar series has been held starting from August 18th, aiming to provide clear information regarding copyrights for both related rights holders and users in the cultural and creative industries as well as social media managers, namely those who run e-commerce businesses or operate on platforms such as Youtube channels, Facebook fanpages, and blogs.Due to the COVID-19 pandemic, TIPO will host the seminars virtually via livestream. Legal experts and practitioners are invited to give lectures on common copyright cases and answer questions from the attendees. All are welcome to sign up for the upcoming seminars!
Online Seminar on IPR of Indigenous Peoples’ Traditional Intellectual Creations and Cultural and Creative Industries Registration Open!An online seminar on “Issues related to Intellectual Property Rights of Indigenous Peoples' Traditional Intellectual Creations and Cultural and Creative Industries” will be held by TIPO on September 15th, 2021. TIPO aims to facilitate, enhance the value, and promote IPR protection of indigenous peoples' traditional intellectual creations and cultural and creative industries.This seminar will cover four major topics, including the protection of design patents and cultural and creative goods, trademark application and related case studies, concepts of copyright essential to cultural and creative industries, and the practice of licensing exclusive rights for traditional intellectual creations of indigenous peoples. We sincerely welcome all cultural and creative workers, designers, and practitioners of intellectual property rights to participate.
TIPO holds Information Sessions on Patent Laws and Regulations 2021Due to the impact of the COVID-19 pandemic, TIPO is holding the Information Sessions on Patent Laws and Regulations via live webcast on September 9th. The information sessions will provide explanations on the Requirements for Design Patents’ Descriptions and Drawings announced in May, the Examination Guidelines for Computer Software-Related Inventions announced in July, and other important amendments to the patent examination guidelines.
2021 APEC Workshop on the Potential for Use of Alternative Dispute Resolution (ADR) in the Field of IPR Wrapped Up!The 1.5-day 2021 APEC Workshop on the Potential for Use of Alternative Dispute Resolution (ADR) in the Field of IPR was held by TIPO on July 29th and 30th. This workshop facilitated in-depth knowledge exchanges among APEC member economies; more than 450 participants from various member economies of APEC joined online, including Australia, Canada, Hong Kong, Mexico, New Zealand, Peru, Singapore, Thailand, Vietnam, etc.In order to effectively evaluate the potential for use of alternative dispute resolution (ADR) in the field of IPR, TIPO has actively proposed relevant initiatives. With support from Canada, Japan, Thailand, and the United States, TIPO was granted subsidies by APEC in 2020 for the project on “Potential for Use of Alternative Dispute Resolution in the Field of IPR”. This very workshop is one of the main outputs of the project.The online workshop was held as scheduled even under the challenges posed by the COVID-19 pandemic. Government officials, lawyers, patent attorneys, patent agents, and other practitioners from related fields actively participated. Moreover, TIPO invited experienced government officials, judges, lawyers, mediators, and arbitrators from the Philippines, Singapore, Thailand, the United States, the International Trademark Association (INTA), and Taiwan to serve as lecturers, who presented the basic concepts of ADR and further extended the discussions to the field of IPR. Together, the participants explored the advantages and limitations of mediation, arbitration, and online dispute resolution (ODR) in the field of IPR as well as the relevant legal and practical experiences of different economies along with the lecturers. The comprehensive discussion and exchanges of views and diverse perspectives brought forth a fruitful and conducive event, providing participants the opportunity to thoroughly explore the potential for the use of ADR.The conclusions of the discussion session and discern insights attained through the workshop will be compiled into the workshop report, which will be published on both APEC and TIPO’s websites, aiming to assist market participants including women, youth, and MSME (Micro, Small, and Medium Enterprises) operators in learning about more economically feasible and effective options that can be adopted to resolve IPR-related disputes and enhance their abilities to protect IPRs.
Registration for TIPO’s 2021 IPR Affairs Online Seminar on September 10th Now OpenDue to the COVID-19 pandemic, TIPO will host the 2021 IPR Affairs Seminar virtually on September 10th. The seminar will address four specific topics: (1) The latest amendments to the Patent Act; (2) New measures for Industry Collaborative Patent Interview Program, (3) Post-Grant Amendment to Examination practices－Case Illustrations for Reasons and Requirements, (4) Reminders for Conducting Patent and Trademark-Related Proceedings. In addition, a discussion session will follow. TIPO welcomes all to participate!
TIPO’s Interpretations of the Patent Act Available!To facilitate all to better understand the Patent Act, TIPO compiled the Interpretations of the Patent Act and published it on the website on July 2nd.This year, Interpretations of the Patent Act mainly focused on revising the interpretations for the key amendments from 2017 and 2020, including “Relaxing grace period”, “Loosening rules regarding division of patent applications after decisions for approvals are served”, “Restrictions on timing for resubmitting grounds for patent invalidation”, “Time period for post-grant amendment of utility model patent and its examination procedure ”, “Extending the protection period for design patents from 12 years to 15 years", and other regulations. Furthermore, court judgments of significant reference values are included to construe the interpretations of the Patent Act. All information is available to the public.
Compilation of Selected Court Rulings on Trade Secret Cases Published on TIPO’s WebsiteTo assist businesses in catching up with Taiwan’s relevant judicial practices and trends and to build a more complete trade secret protection mechanism, TIPO studied civil and criminal cases relating to trade secrets from courts at all levels from July 1st, 2019 to December 31st, 2020. A total of 40 cases of great value for reference, including 17 civil cases and 23 criminal cases, were selected and excerpted. Compilation of Selected Court Rulings on Trade Secret Cases was compiled in accordance with the three requirements for trade secrets, civil remedies and damages claims, and criminal charges for trade secret infringements. The compilation is available on TIPO’s website!
Misuse of Copyright Infringing Set-top Boxes Punishable by up to 2-Year ImprisonmentThe Tokyo Olympics had drawn a significant number of Taiwanese viewers, and the discussion on set-top box audiovisual content infringement has thus arisen. The Taiwan Intellectual Property Office of the Ministry of Economic Affairs emphasizes that, in accordance with the Copyright Act, manufacturing, importing, or selling set-top boxes that stream infringing audiovisual content is a violation of the law and is punishable by up to two years in prison and/or a fine of $500,000 NTD. TIPO once again appealed to the public to avoid using set-top boxes from unknown sources and support legal copyrighted content in order to ensure quality audiovisual content.In recent years, some set-top boxes or applications that are available on the market have provided users with convenient access to infringing websites that offer illegal audiovisual content, thereby reaping huge profits and gravely harming the rights of copyright owners or legally authorized OTT service providers, which further hinders the development of the content industry in Taiwan. TIPO points out that in order to put a halt to this illicit activity, subparagraph 8 of Paragraph 1 of Article 87 and Article 93 of the Copyright Act were passed and implemented on May 1st, 2019, stating that violators are punishable by a sentence of up to two years imprisonment or detention, or in lieu thereof or in addition thereto, a fine of not more than $500,000 NTD.TIPO states that the following circumstances are punishable by law:To publish applications that aggregate illegal audiovisual network links (commonly known as “binge-watching apps” 追劇神器) on Google Play Store, Apple Store, other platforms or websites, etc. for the public to download.To provide guidance, assistance, or preset paths for the public to download, although not involving the aforementioned illegal applications, are also deemed illegitimate actions. Set-top boxes, for example, albeit having no prohibited apps built-in, remain illicit given that they provide instructions or presets for users to install and use.To manufacture, import, or sell equipment or devices preloaded with such illegal applications, e.g., the set-top boxes with built-in apps on the market.After the passage of the abovementioned amendment, a number of cases of manufacturing illegal set-top boxes have been referred to judicial authorities for investigation or trial. In addition, in order to rectify the order in the market as soon as possible, TIPO coordinates with online platforms and sales channels to remove illegal set-top boxes and strongly urges the public to support and watch our 2020 Tokyo Olympics national team through legal streaming services.
TIPO Releases IPR Statistics for the First Half of 2021In the first half of 2021, TIPO received a total of 35,264 patent applications (including invention, utility model, and design patents) as well as 46,379 trademark applications; this represents a 4% and 7% increase respectively compared with the same period last year. Invention patent applications filed by resident applicants saw a rapid increase mainly due to a 21% growth in the number of large enterprise applications. TSMC took the lead among resident applicants (1,263 cases), and Qualcomm among non-resident applicants (454 cases). Trademark applications, combined with resident and non-resident applicants, hit a record high again by going up 7%. In general, patent and trademark applications saw steady growth in the first half of 2021.Patent ApplicationsAmong the three types of patent applications in Taiwan, there were 23,876 invention patent applications filed. The applications from resident and non-resident applicants both increased compared with the same period last year, with the growth rate of the former (13%) higher than that of the latter (6%). On the other hand, utility model and design patent applications filed by non-resident applicants grew by 22% and 5% respectively.The applications from enterprises (7,650 cases) accounted for 79% of the domestic invention patent applications. The applications from enterprises not only grew for five consecutive years but also saw the highest growth rate in the first half of 2021, thanks to the 21% increase contributed by large enterprises. TSMC, a resident applicant that plays a pivotal role in Taiwan’s R&D innovation, filed 1,263 invention patent applications, setting a new historical record by exceeding 1,000 cases for one single applicant. For design patent applications, Coplus topped the list with 59 cases filed.On the other hand, the number of invention patent applications filed by domestic universities/colleges reduced slightly, with National Yang Ming Chiao Tung University claiming first place with 59 cases. The number of applications submitted by domestic research institutes grew by 4%, among which ITRI filed the most applications (101 cases). As for fintech patents, CTBC Bank filed 19 invention patent applications, outnumbering all other banks, insurance companies, and securities and futures companies.Among non-resident applicants, Japan took the lead with 6,044 invention patent applications and 512 design patent applications, while Mainland China claimed the top spot by filing the most utility model patent applications (358 cases). Qualcomm and Harry Winston topped the list by filing 454 invention patent applications and 97 design patent applications respectively.Trademark ApplicationsIn comparison to the same period last year, the number of trademark applications has increased 7%, as TIPO received 46,379 applications (covering 59,814 classes). Resident and non-resident application numbers both grew, of which resident applications stood at 35,048, hitting an all-time high.In terms of application classes, resident applicants filed the most applications (6,919 cases) in class 35 (advertising, business management, retail, and wholesale services, etc.). A total of 2,333 non-resident applications from Mainland China outnumber other foreign countries/regions. Regarding classifications, Class 9 (computer and technology products, etc.) has the most applications (2,115 cases).Resident and non-resident applicants both saw tremendous growth. Top filer Taiwan Familymart, with 145 cases, ranked first among resident applicants; the Bunny Girl and Ulao Group, which were not applicants in the first half of 2020, ranked first and second among non-resident applicants.Furthermore, a total of 10,621 trademark applications classified under “Agriculture” were filed by resident applicants, a much higher number than other industries. Non-resident applicants had filed the most under the “Health” industry at the number 3,654, outperforming other industries.
Revised Examination Guidelines for Computer Software-Related Inventions, Effective July 1st, 2021Technologies such as AI (artificial intelligence) and big data have been booming in recent years, and the number of patent applications for computer software-related inventions has increased accordingly. The Examination Guidelines for Computer Software-Related Inventions has thus been updated by TIPO and came into effect on July 1st, serving as a guide for examiners to handle related cases and reference for applicants.The key points of the amendment include:Introduced examination procedure and flow chart for computer software inventions evaluations, supplemented by case examples, as a principle for assessing the eligibility of inventions.In line with the principle of TIPO’s assessment of inventive step in the current examination basis, sections “Factors Denying Existence of Inventive Step” and “Factors Determining Inventive Step” are introduced.Added AI-related examination instructions and application cases for reference.
Changes Made to the Name of Designated Goods and Services for Trademark RegistrationIn response to the periodic revision of the 11th edition (Version 2021) of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 24 items have been added and 8 items deleted from the names of goods/services designated for trademark application and registration. Among the categories/subcategories, 4 items have been added, 4 remarks made, and 2 names altered.The changes above have been implemented as of July 1st, 2021, and the Designated Names of Goods and Services for Trademark Registration on the electronic trademark application system will be updated simultaneously. Applicants are recommended to download the latest changes from the updated system featuring all incorporated changes. Filling out an application with names of goods and services not found on the system’s current list means missing out on a fee reduction of NT$300.
TIPO Releases English Edition of the 2020 Annual ReportAs the global COVID-19 pandemic kept raging in 2020, TIPO launched epidemic prevention and response measures in January to protect the interests of applicants and rights holders, as well as to provide domestic industries valuable insights into patent filing information pertaining to the development of global epidemic prevention technologies.TIPO continues to deliver expeditious and quality examination services for applicants, the average first office action pendency for invention patents and trademark applications are 8.7 and 4.7 months respectively. The fast-track examination of trademark registration applications went under a trial run in May, the process proven to be 1.5 months shorter than that of an ordinary trademark application case.TIPO also strives to optimize the legal regime of intellectual property rights. The Enforcement Rules of the Patent Act amendment in June relaxed the time frame for submitting third-party observations, the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof were revised in August to ensures conformity to the Copyright Act and judicial judgments, and the draft amendment to partial articles of the Trademark Act was proposed to specifically regulate the management mechanism of trademark agents and introduce accelerated examination, which was completed for review and will be submitted to MOEA in October.In addition, TIPO aims to support the innovative development of the industry on all fronts and expand and strengthen international cooperation. The results and statistics for the year 2020 are compiled into the Annual Report, which is available on the TIPO website.
SME Trade Secrets Protection Mechanism Checklist Available!To assist SMEs review and improve their trade secret protection mechanism, TIPO compiled an SME Trade Secrets Protection Mechanism Checklist, made available under the “Trade Secrets” subsection on the TIPO website on June 11th, 2021.This checklist contains 5 major parts, including trade secrets policy, employee management, paper and electronic file management, educational training and audit, and outsourcing and collaborative staff management. This checklist, consisting of 10 items and 67 indicators, is available on the TIPO website (mandarin webpage.)
Updated Information under “Trademark Agent” Available on the TIPO Website!TIPO replaced the “Trademark Agent” section of the official website with “Business of Trademark Agents” and updated the reference list of trademark agents that have 20 or more applications for trademark registration per year for 5 consecutive years. This section will be updated annually.
TIPO Announced Updated Version of "Requirements for Design Patents Descriptions and Drawings"To be in line with the Substantive Examination Guidelines for Design Patents amended last year (2020), TIPO has comprehensively updated the “Requirements for Design Patents’ Descriptions and Drawings” as well as added pictures to clearly illustrate examples, in hopes of making said requirements more understandable. The key revisions are as follows:Added the specific section “Instructions for Writing Descriptions” to help applicants compose descriptions according to relevant drawingsRevised instructions and examples for “Graphical Designs” descriptions and drawings.Added instructions and examples for “Spatial Design” descriptions and drawings (including architectural and interior designs).
TIPO has Established the Podcast Channel “Copyright x I Support Originals” on Major PlatformsTo raise public awareness on copyrights and copyright protection, TIPO has established the exclusive podcast channel Copyright x I Support Originals on major platforms. The show invites creators from all walks of life to share everyday copyright cases with the audience, helping the listeners to better understand copyright issues in various fields.This channel has successively invited illustrators, writers, and teaching instructors from Teach for Taiwan, a non-profit organization that dedicates itself to improve education equality in Taiwan. They have shared with the audience details to pay closer attention to when using pictures found on the Internet, survival strategies for novice writers, and copyright issues that teachers may encounter. TIPO is planning to invite founders from curation companies, professional lawyers, and well-known online film critics to share their practical experiences as well. Subscribe to the podcast and enjoy!Link to the Podcast Copyright x I Support Originals (in Mandarin):Apple Podcast Google PodcastSoundsOnSpotifyKKbox
Registration for the Online Seminar on Interpretations and Practices of the Amendments Concerning Malicious Trademark Registrations in Mainland China is Now OpenMainland China passed the fourth amendment to the Trademark Law that took effect on November 11, 2019. A key objective is to curb bad faith trademark filings. Also, the State Administration of Market Regulation (SAMR) issued the "Provisions on Regulating Trademark Registration Applications", listing the comprehensive considering factors when judging if the trademark registration applications are malicious applications.TIPO subsidized the Chinese National Federation of Industries (CNFI) to host the “Online Seminar on Interpretations and Practices of the Amendments Concerning Malicious Trademark Registrations in Mainland China” on June 23 to help Taiwanese businessmen and domestic enterprises better understand the relevant regulations.
Welcomes to Participate in the Competition for Patent Portfolio Analysis“Competition for Patent Portfolio Analysis” held by TIPO was officially launched, inviting all those who are creative and interested in strategies for developing patent portfolio to exchange the industry trends as well as the knowledge of building patent portfolios.In order to help the enterprises to enhance their patent portfolios as well as fostering the talents for building strategic patent portfolios, TIPO has launched the ”Competition for Patent Portfolio Analysis”. In the competition, the Global Patent Search System (GPSS) will be the designated patent search database. Meanwhile, TIPO will provide competitors with training courses, such as "Patent Search Course" and "Industry Analysis Course", starting from the introduction of patent search to in-depth knowledge about analyzing industry trends and developing strategic patent portfolios. These courses are expected to assist participants to better construct the knowledge of patent search as well as analysis skills.Training certificates will be awarded to each participant upon completion of the courses. Not only can participants highlight these professional achievements on their resumes, but also it provides a valuable platform for participants to exchange the industry trends and the knowledge of building patent portfolios through the competition. It is hoped that the event can boost diversified methods and ideas for patent analysis as well as patent portfolio development among domestic industries, academies and research institutes.Major themes for the competition will be focused on industries that are in line with the government's current industrial policy, and there will be preliminary and final rounds. Domestic enterprises, organizations, research institutes, IP law firms as well as college students are all welcomed to team up (three to five individuals) to join the event. In addition, participants can invite scholars and experts with technical expertise in analyzing and building patent portfolios as their advisors, thereby stimulating collaborations among domestic industries, academies and research institutes.For all those interested in this competition, welcome to participate. The registration process has already begun and the cut-off date is July 16. Please register online or submit the registration form via mail.
The 2021 Seminar for “Copyright Knowledge and IPR Infringements and Enforcement Practices for Online Sellers and Influencers" is now open for all to register, starting from May 5. Welcome to participate in!With the rise of online auctions and we-media marketing, many pictures of products used by online auction entrepreneurs or influencers may inadvertently infringe on copyright. In order to help everyone better understand the copyright regulations related to online auctions and we-media marketing, TIPO will hold seminars in Taipei on July 16 as well as in Taichung on June 25. Copyright experts and officials from National Police Agency, Ministry of the Interior are invited to give lectures to provide everyone with a broad understanding of copyright. For online sellers, influencers, Youtubers and those who are interested in this topic, please register online and welcome to join in.