IP Resources

IP News

Taiwan Introduces Accelerated Examination for Trademark Applications in May 2023.

Taiwan’s Intellectual Property Office (TIPO) introduced an Accelerated Examination for trademark applications in May 2023. Criteria for Applying for Accelerated Examination:   Criteria for Applying for Accelerated Examination:   Immediate Necessity to Obtain Rights: This criterion can be further divided into cases (A) where some goods or services have been used or are prepared for use with commercial necessity and urgency (e.g., third-party infringement, receipt of infringement warnings, third-party requests for authorization, planned launches with contracts in place, planned exhibitions with contracts in place, and other necessary and urgent circumstances), as well as cases (B) where all goods or services have been actually used or prepared for use.   Specification of Facts and Reasons: Relevant evidence should be attached to

Read More
IP News

New Initiatives on Taiwan Design Patent Examination: Accelerated Examination and Postponement of Substantial Examination

The Taiwanese Intellectual Property Office (TIPO) has announced two new initiatives to improve the efficiency and effectiveness of the design patent examination process.   Effective Date: September 1, 2023   Accelerated Examination The TIPO will now offer accelerated examination of design patents that meet one of the following three criteria. Design patents that are applied for accelerated examination will be examined within two months of the filing of all required documents. (1)The design is being commercially implemented by a third party. (2) The design has received a prestigious design award, such as: ‧The Taiwan Golden Pin Design Award, ‧The German iF Design Award, ‧The German Red Dot Design Award, ‧The Japanese Good Design Award ‧The American International Design Excellence Awards

Read More
IP News

TIPO: “Translation Requirements for XML Serialization have been Relaxed in Compliance with WIPO ST.26 Standards”

“Only the invention title, applicant, and inventors need to be translated into Chinese.” “With the Changes Effective Immediately” Please see the TIPO announcement dated May 26, 2023, for details. https://www.tipo.gov.tw/en/cp-896-923020-8dbb9-2.html?utm_source=edm-en&utm_medium=edm&utm_campaign=edm-en-20230527-200&utm_term=Translation%20Requirements%20for%20XML%20Serialization%20have%20been%20Relaxed%20in%20Compliance%20with%20WIPO%20ST.26%20Standards%20%E2%80%93%20With%20the%20Changes%20Effective%20Immediately-cp-896-923020-8dbb9-2

Read More
IP News

CHINA – IP NEWS (Architecture IP)

China and Architecture IP   Architecture & IP rights IP protection for architectural designs in China most commonly relies on copyright and related rights. Protection is under the Chinese Copyright Law for “architectural works”, mostly for drawings and models. Works should be original, replicable and aesthetic. The use of raw materials; elements of designs common to other buildings of public spaces; and building interiors are generally not protected by copyright law in China.   Design rights Are provided a protection for novel and aesthetic external appearances of buildings.   Patents/utility models Are available for functional and inventive elements of buildings. Thus, patents and designs should be  novel (i.e., new), patent, utility model and design applications are potentially need to be

Read More
IP News

TAIWAN : IP NEWS (Bid to join CPTPP)

Bid to join Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP)     To facilitate the accession to CPTPP, Taiwan amended the copyright and Trademark acts. The purpose of these amendments is to harmonize the differences regulations between the Trans-Pacific Partnerships and those from Taiwan. – Copyright Act: For safeguard of copyright holders, the new act which is included illegal digital piracy, distribution, and public transmission constituting which are considered an offense that is indictable (without complains), “infringement of work provided not for free by another person”, “reproduction in their original form (100% reproduction)”, “infringements causing damages exceeding one million New Taiwan Dollars” are listed as the three conditions which are determined an instance of serious infringement (Article 100).

Read More
IP News

New Taiwan Patent Examination Guidelines for Computer Software-Related Inventions

July 29, 2021 The new Taiwan Patent Examination for Computer Software Related Invention is came in force on July 1st 2021. The new guidelines provide a better understanding for both applicant and examiner to the requirement for computer software patents in Taiwan. Please find the summary of this new guidelines as follow: 1. Principles of Invention At the present practice, TIPO as European Patent Office judges on the eligibility of a computer software related patent application as an invention application which can produces a technical effect on the whole system. However, this current guidelines are included some opinion of United Stated Patent and Trademark Office (USPTO) before 2014, which considerate whether the invention is “nothing more than the idea” of

Read More
IP News

China: Bad Faith Trademark Filing and Chinese Trademark Law

July 20, 2021 China’s first-to-file system has contributed to a rise in malicious trademark filings and hoarding, at the same time bad-faith trademark applications are increased significantly. These bad faith trademarks have seriously affected the trademark registration procedure, and worsened the market infringement and the interests of the Chinese market. Article 4 of the Chinese amended Trademark Law states: CNIPA rejects any Trademark applications, which are not intended to be used and provides the grounds for initiating an opposition or invalidation action and effectively cracking down on malicious filings. Among other provisions, it gives examiners a legal grounds to reject bad-faith applications during the substantial examination stage. The updates to the law provide a clear legal basis for regulating malicious

Read More
IP News

Amendment to Taiwan’s “Design Patent Substantive Examination”

July 13, 2021 The Taiwan Intellectual Property Office (TIPO) in Taiwan announced an amendment to “Volume 3–Design Patent Substantive Examination” of the Patent Examination Guidelines (hereinafter referred to as “Guidelines”) on 29 September 2020. The amended Guidelines took effect on 1 November 2020. The main key points of the revision are as follows: 1. A specific section, “Description of Design Section”, is added: applicant uses this specific section to describe the relevant drawing wherein applicant may stipulate the disclosure of the colors. Applicant may specify in this Description of Design:” The subject design is represented by black-and white photos (computer generated drawing in grayscale”. The tone shown in the drawings only helps to show the contour of the subject design,

Read More