Pursuant to registration protection principle, Taiwan provides enhanced
statutory protection for renowned trademarks to assure market access and fair competition, allowing right-holders seek recognition and protection by multiple means that are in place for years. Earlier in 2008, TIPO had outsourced to gather together cases administered by courts, Fair Trade Commission, Taiwan Network Information Center and TIPO in previous 5 years and to complete case compilation. Since then, it has been updated annually. Recently the renowned trademark case compilation from July 2011 to June 2016 has completed update. Now it is published online for public reference.
A complete version for renowned trademark case compilation from July 2015 to June 2016 is available to download
http://www.tipo.gov.tw/ct.asp?xItem=569026&ctNode=7746&mp=1
The Trademark Act is enacted since May 6, 1930. Till now it has been refined with 13 amendments besides numerous additions of ordinances and regulations. Although many promulgated laws are no longer effective, the historical movement is valuable reference either for regime adjustification policy formulation or academic research in the future as it mirrors how the society has evolved and how the laws have been enforced. Not to mention that each revision manifests a fusion of deliberation and debate. Therefore, to record the evolvement in a comprehensive and precise manner, this year TIPO compiles the major events in trademark regime by including the typical representative changes. The compilation is now available for public reference. Where any amendment is necessary please do not hesitate to advise us. The link is as follows:
http://www.tipo.gov.tw/ct.asp?xItem=599760&ctNode=7127&mp=1
On June 23, 2016, TIPO’s draft partial amendment and amendment to Articles 98 and 111 of the Trademark Act passed review at the Executive Yuan and will later be reviewed by the Legislative Yuan. This is to facilitate TPP accession, as well as to stay current with the Criminal Code’s new confiscation provision.
Key revisions made to meet TPP requirements include: 1. The “knowingly” subjective assessment provision applied to determine civil or criminal liability for counterfeiting trademark labels is deleted. In its place, the general subjective assessment provision is restored and applied. 2. A new criminal penalty provision on counterfeiting trademarks or collective trademark labels is added. 3. Acts such as counterfeiting trademarks, collective trademarks or certification mark labels are clearly defined. The provision on banning sale of infringing goods is revised to include sale via electronic media or the Internet...read more
IPR Trends Jan-Jun 2016: Patent and Trademark Statistics
A. Patent Applications
1. New applications for all three types of patents were down by 2.55% to 34,494 cases.
2. Applications for invention (20,622) and utility model (9,927) patents were down by 2.17% and 6.23%, respectively. Meanwhile, design (3,945) applications were up by 5.74% (Table 1).
3. Invention applications (7,447) by residents were down by 6.84%; those by non-residents (13,175) were up by 0.69% (Table 1).
4. Breakdown by country, Japan (5,994) topped the list, followed by the US (3,409), South Korea (807), China (649), and Germany (631) (Fig.1).
5. The top five domestic invention filing corporations were Hon Hai (176), AU Optronics (133), Acer (109), Industrial Technology Research Institute (ITRI) (87), and China Steel (78) (Fig.2).
6. Among the top five invention filing foreign corporations, Intel (375) continued to stay on top, followed by Qualcomm (313), Semiconductor Energy Laboratory (SEL) (204), Tokyo Electron (166), and Applied Materials (148) (Fig.2)...read more
A. Patent
1. New applications for all three types of patents came down by 3.32% to 16,649 cases.
2. Inventions (10,306) and utility models (4,551) decreased by 2.08% and 7.07%. Designs (1,792) were slightly down by 0.39% (Table 1).
3. Inventions by residents (3,505) dropped 11.65% but jumped 3.71% for non-residents (6,801) (Table 1).
4. By country, Japan (3,375) came on top, followed by the US (1,645), South Korea (416), Germany (313), and China (264) (Fig.1).
5. The top five domestic corporations filing new invention patents were AU Optronics (74), Industrial Technology Research Institute (ITRI) (53), Acer (50), Hon Hai (48), and Ability Opto-Electronics Technology (38) (Fig.2).
6. In foreign corporations, Intel (151) came on top, followed by Qualcomm (150), Toshiba (122), Semiconductor Energy Laboratory (105), and Hewlett-Packard Development Company (90) (Fig.2).
7. Inventions by domestic corporations (2,467) and universities (310) were down 13.65% and 23.46%, respectively. National Tsing Hua University came on top with 27 applications. Domestic individual applicants (601) and research institutes (127), contrarily, saw 1.18% and 14.41% growth, respectively (Table 3, Fig. 2, Fig.3)...read more
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