Newly Passed Amendment to Taiwan’s Patent Law: Relaxation of D.A. Requirement, Longer Term of Design Protection, Revised Invalidation Procedure

The amendment bill to Taiwan’s Patent Act approved by the Executive Yuan in late 2018 was passed on April 16, 2019, by the Legislative Yuan. It extends the term of protection for design patents from 12 to 15 years. The bill, originally proposed by the Intellectual Property Office (TIPO) early last year, aims to create a more robust patent protection system, enhance the case review efficiency of patent remedies and promote industrial innovation.

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TSMC, Qualcomm, SEL Lead the Patent Rankings 2018 in Taiwan

According to newly released government statistics in Taiwan, TSMC (Taiwan Semiconductor Manufacturing Company) has been ranked No. 1 in residents’ patent applications with 944 cases, for three straight years since 2016, and No.1 in residents’ patent grants with 430 patents for the first time in 2018. As for non-residents’ patent activities, Qualcomm Inc took the first place with 1,011 applications and SEL (Semiconductor Energy Labor) with 474 grants.

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China’s Supreme Court Will Hear Appeals on IP Lawsuits Involving Strong Technical Background

According to a decision made by the Standing Committee of National People’s Congress on October 26, 2018, appeal cases involving strong technical backgrounds will be heard by China’s Supreme People’s Court ( SPC ), effective January 1st, 2019. Such legislation that aims to unify standards for hearing intellectual properties (IP) cases and further enhance the judicial protections for IP rights covers disputes on invention patent, utility model patent, new varieties of plants, layout design of integrated circuits, technical secret, computer software, anti-trust, etc. 

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How EPO’s Internal KPI System Impact on EP Application Nowadays

To increase efficiency and quality of EPO service, the office has introduced a set of key performance indicators (KPIs) to monitor examiners’ performance in recent years. The performance rating system greatly boosts the office productivity but has its downsides, too. Under the current KPI system, search report in each case is awarded most points, meanwhile, a refusal action is awarded more points than a further written opinion or oral proceeding.

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左起冠群陳怡安副理、吳珮琪副所長 、Kim&Chang律師 Duck Soon Chang、HL 資深律師 Michael Conwey、Dr. Daniel Chew、BSKB 資深合夥人 Robert Kenny、徐振康律師、Michael Smith律師、林佳慧律師、謝沛肴副理

Joint Seminar by Top Team, BSKB and HL: Regulation Updates and Practice in Taiwan, US and EU

Experts from Birch, Stewart, Kolasch & Birch, LLP (BSKB) and Haseltine Lake LLP (HL) were invited to speak at a joint seminar organized by Top Team on November 28, 2018. They presented a variety of topics including the “Trademark Use in Commerce” requirement and the Post Registration Proof of Use Audit Program in the US; Brexit’s Impact on EU trademarks and designs, and an Update on EPO’s Guidelines for Examination.

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左起隆天事務所律師郁舜、合夥人吳滌女士、張梅珍女士、洪燕博士、鄭泰強董事長(右四 )、本所吳珮琪(右五)及顏錦順副所長、林佳慧及曾靜芝律師

Cross-Strait Exchange Seminar on Trademark and Patent Practices

Boosted by government policies, the number of valid registered trademarks in China grows fast and is now close to 15 million. That also brings along challenges such as trademark squatting, confusing similarity among other issues for trademark owners. As for patent prosecution and enforcement, any company with an expanded market reach or with an increase in patenting activities may find strategic thinking has become crucial in the face of the baffling complexity of patent protection.

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