Patent Act Amendment Concerning Border Protection Measures for Patents Passes in Legislative Yuan - 2014.01.08

On January 3, 2014, the Legislative Yuan passed the Patent Act amendment that includes the addition of 4 border protection provisions (Article 97-1 to 97-4) and a wording revision in Paragraph 2 of Article 143. According to an Additional Resolution at the Legislative Yuan, the coordinating procedures and regulations in regard of this amendment shall be established within 2 months after its promulgation and the new Act shall enter into force therefrom.

The main purpose of this latest amendment is to strengthen the protection of patentees. Legislator Lee Guei-min and her colleagues, having consulted relevant foreign legislations, Taiwan’s Trademark Act and Copyright Act, proposed that a mechanism of “request to detain” be introduced to the Patent Act. Accordingly, a patentee may provide security and request the customs to detain importing goods suspected of infringing the patent right. The owner of the detained goods, on the other hand, may also provide counter security and request to repeal the detention. Major points of this amendment are listed in the following table:

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