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.
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Taiwan Intellectual Property Office-News-Partial Draft Amendments to the Copyright Act Passes Third Reading at Legislative Yuan to Meet Distance Learning Needs (tipo.gov.tw)
The Taiwan-India MoU on Intellectual Property Rights was signed by Representative Baushuan Ger of the Taipei Economic and Cultural Center in India and Director General Gourangalal Das of the Indian Taipei Association at the High Level India Taiwan Business Roundtable on May 18, 2022. The signing ceremony was witnessed by Vice Minister Chuan-Neng Lin of the Ministry of Economic Affairs and Director General Shu-Min Hong of the Taiwan Intellectual Property Office. The exchange of diplomatic instruments was subsequently completed on June 6, opening a new chapter of cooperation between Taiwan and India in the field of IPR.
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Taiwan Signs MoU with India to Bolster IPR Cooperation
In Q1 2022, TIPO received a total of 17,498 patent applications (including invention, utility model, and design patents), marking a 2% increase from the same period last year, whereas trademark applications (24,450 cases) grew by 0.3%. As for invention patents, applications from domestic colleges and universities saw a growth of 16%, and non-resident applications increased by 10%. TSMC came out on top (723 cases) among resident applicants, and Qualcomm (242 cases) led all non-resident applicants. Most trademark applications were filed under the “Agriculture” industry with resident applications taking a larger share; as for non-residents, applications in “Research and Technology” outnumbered other industries. Uni-President (220 cases) and Guangdong Longshun International Logistics (76 cases) ranked at the top among resident and non-resident applicants, respectively.
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TIPO’s Q1 2022 IPR Statistics Report
To assist domestic and foreign market participants and people from different sectors in further understanding the latest development of trademark-related laws and judicial opinions, TIPO has selected classic judgements made by Intellectual Property and Commercial Court in the past 5 years to accomplish 7 case briefs and their English translations. The content of these case briefs contains many important issues in the field of trademark, including how to determine the scope of goods in connection with which the trademark has been put to genuine use, the territorial limitation on genuine use of the trademark, the determination of likelihood of confusion between trademarks with low degree of similarity, whether the protective scope varies among well-known trademarks due to different levels of fame, the determination of the parody defense related to trademark infringement, keyword advertising and the determination of trademark infringement, the application of the defense of trademark exhaustion, etc., and it is believed that these case briefs can be very beneficial for those interested to have more complete understanding of trademark-related laws and practices in Taiwan. Welcome to access the case briefs below.
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Chinese and English “Briefs of Classic Trademark Cases in Recent Years” Now Available
The Legislative Yuan passed draft amendments to the Copyright Act, the Trademark Act, and to Article 60-1 of the Patent Act on April 15, 2022. The amendments, which cleared the third reading, ensure that Taiwan’s IPR laws comply with the CPTPP’s regulations and will hopefully facilitate future negotiations for Taiwan to join the CPTPP.
I. Main amendments to the Copyright Act:
Instances of illegal digital piracy, distribution, and public transmission which constitute serious infringement are now considered offenses indictable without complaint. “Serious infringement” is determined by the following three criteria: infringement of work provided not for free by another person; reproduction in their original form (100% reproduction); and infringements causing damages exceeding NT$1 million.
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Bid to Join CPTPP: Legislative Yuan Approves Draft Amendments to the Copyright Act, Trademark Act, and Patent Act
台湾特許出願
特許等明細書の翻訳文献翻訳
出願前・審査請求時に行う調査
意見書・手続補正書の作成
料金納付 - 設定登録
料金納付 - 年金納付
その他審判事件(無効・訂正)
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