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Korea Introduces Treble Damages in Infringement Cases and Reverses the Burden of Proof

Korea has officially adopted punitive damages for willful infringements of a patent right or a trade secret. Effective July 9, 2019, any intentional infringement of a patent right or its exclusive license in Korea shall be imposed punitive damages. The amount is up to three times the damages recognized by the court. The adoption of punitive measures is to ensure that the infringed right holders can be fully compensated and to curb unethical business practices in which competing market players prefer to infringing and paying damages, rather than negotiating and paying the appropriate licensing fees as provided by law.

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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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中國最高人民法院

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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EPO專利審查程序講座

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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