News
1The 2022 Copyrights – Education & Cultural Creative Experience Camp Comes to a Successful Close!
TIPO organized the 2022 Copyrights – Education & Cultural Creative Experience Camp at the Huashan 1914 Creative Park on August 19, 2022. The camp is directed at high school or vocational school students, and TIPO invited Mr. Tai Chih-Chuan, partner at Peng Yao Law Office, to explain fundamental copyright concepts. Students were also introduced to the history and architectural highlights of the Huashan 1914 Creative Park on a guided tour.Professionals from the cultural creative industry, such as Chin-Ming Yu of FISHERDESIGN and Director Michael Liu of Zhen Ji Creative Marketing, were also invited to share their practical experience with graphic design, ad design, videography, and other cultural creative endeavors. Through interactive games, students gained a better understanding of and cultivated a sense of respect for copyrights. A total of 31 students attended the camp.
2The Industry Patent Analysis Report on WBG Power Semiconductor Devices is Now Available!
Wide-Bandgap (WBG) semiconductors have become a crucial component in the future development of many major industries, with silicon carbide (SiC) and gallium nitride (GaN) being the most critical power components. The analysis report describes the differences between WBG power semiconductor GaN or SiC devices and silicon-based power semiconductor devices, as well as the role that GaN and SiC power components will play in the future. GaN and SiC power components of WBG semiconductors are the main objects of analysis within the report.The report examines patent application trends, top 10 applicants, top 10 regions, life-cycle analysis, technology classification analysis, competitiveness of private R&D, interpretations of core patents, interpretations of country-specific industry applications, and analysis of industry applications of major patent owners, etc. By analyzing and cross-referencing the aforementioned aspects, a current overview of the industry technology is created within the report.The world's most highly developed industry of semiconductor manufacturing is in Taiwan, and our wealth of experience in the field can furnish greater opportunities for Taiwan to develop industrial applications and manufacturing of WBG semiconductor GaN or SiC power components in the future – which will serve to bolster Taiwan's ICT and energy tech development.Through the report, TIPO provides future development suggestions, as well as an overview of the technology landscape, to domestic industries. TIPO hopes that it will facilitate their understanding of the overall development trends in the technology and help them secure a place in the future blue ocean market of WBG semiconductor power components.
3Pilot 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.
4TIPO 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.
5TIPO Adds Strategic Manual for the Protection of Trade Secrets 3.0 to the Trade Secrets Section
To ensure more comprehensive protection for corporate trade secrets, TIPO has compiled a strategic manual since 2013, and the second version was compiled in 2019. TIPO continues to draw from the experiences of corporations that have successfully protected their trade secrets, as well as to follow the court's latest interpretations of Taiwan's trade secrets regulations.TIPO compiled the Strategic Manual for the Protection of Trade Secrets 3.0 in 2022. New chapters include the latest insights from the courts, updated protection strategies for enterprises in response to the current pandemic, QA on trade secret protection practices, and a new perspective from CEOs who lead successful enterprises to provide more practical and concrete practices. TIPO hopes that the manual will serve as a reference for all sectors in the promotion of trade secret protection.
62021 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
7TIPO 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.”
8TIPO 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.
9“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.
10Revisions 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.
11Revisions 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)
12TIPO 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.
13TIPO has Compiled the “Patent IPC and Standard Industrial Classification Concordance Table and Statistical Application Analysis Report” for Public Reference
TIPO has referenced established international patent-and-industry concordance tables and government statistics to construct a “Patent IPC and Standard Industrial Classification Concordance Table.” By following the table, TIPO has completed Taiwan's first ever industry-scale analysis of patent trends. Also, TIPO has determined Taiwan's IP-intensive industries for the first time as well according to international definitions and government statistics.The purpose of the report is to establish a link between patent and industry information and integrate patent and industry data through automated forms, which will facilitate analysis of industry-wide patent portfolio trends and the connection between patent activities and industry economies. TIPO hopes that early data from companies’ patent portfolios can quickly reflect the market development and possible future trends of the industry, which will support IPR-based economic activities. The report is available for public reference.
14TIPO Releases Report on “The Relationship Between the Metaverse and Design Patents”
The Metaverse is all the latest buzz, and in the field of intellectual property, there are increasing discussions on its relationship to trademarks and copyrights as infringements have already occurred. In light of the fact that there are very few cases of Metaverse-related design patent applications filed both domestic and abroad, as well as a conspicuous lack of academic journals, adjudications, and media reports on the subject, TIPO decided to compile a report on the matter for public reference. The report covers whether a Metaverse design patent can be filed, how the application would be examined, and the validity of such a patent.
15Starting from August 1, 2022, TIPO Will Implement WIPO Standard ST.26 for Nucleotide and/or Amino Acid Sequence Listings Disclosed for Invention Patent Applications
WIPO has announced that the WIPO Standard ST.26 applies to international applications with nucleotide and/or amino acid sequence listing filed on or after July 1, 2022.TIPO will fully implement WIPO Standard ST.26 from August 1, 2022. All nucleotide and/or amino acid sequences presented in invention patent applications must comply with the new Standard.In addition, to facilitate the needs of those filing international patent applications, TIPO shall accept all applications between July 1 and 31, 2022, even if the disclosed sequences do not comply with the new Standard. TIPO has published a Q&A on the new listing requirements of WIPO Standard ST.26 on its website for public reference.
16The General Information Session on IPR Services for Cultural and Creative Industries Comes to a Successful Close
In order to expand the services offered to cultural and creative industries, TIPO partnered with the National Palace Museum to host the online and on-site General Information Session on IPR Services for Cultural and Creative Industries on May 21 and 31, 2022. The event attracted approximately 240 people to attend both in person and online, and attendees came from cultural and creative industries, the design industry, arts and culture related educational institutions, government agencies, and IP related industries.The information session covered four major topics, including design patents, trademarks, copyrights, and indigenous peoples’ traditional intellectual creations. In addition to introducing common IP protection measures for each topic, TIPO also touched upon IP portfolios for the Metaverse. Participants engaged in eager discussions with experts from various fields, and the satisfaction rate with both information sessions reached 97%. Upwards of 95% of all attendees also agreed that the information session helped them gain a better understanding of related fields.
1722 New FAQs Added to Trade Secrets Section on TIPO’s Official Website!
TIPO has compiled some of the questions that have been asked at trade secrets promotion events in recent years – with regard to internal and external problems concerning corporate trade secret protection measures – and provided answers in simple terms on how companies can protect their trade secrets more comprehensively. The 22 FAQs cover topics such as the definition and inventory of trade secrets and how companies can better protect their own trade secrets when dealing with vendors or customers. TIPO has published the 22 new FAQs on its official website under the "Trade Secrets Section" for public reference.
18TIPO 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.
19Partial 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.
20Partial 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.
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