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This update provides an overview of the key amendments to the laws, including the fact that criminal liability now applies to certain preparatory and contributory acts of trademark infringement.
07 June 2022
A raft of suggested changes to the current Trademark Act could have a big impact on the IP landscape for many years to come. In particular, the draft amendments propose establishing a new committee that would be responsible for reviewing all formally rejected cases and examining invalidation and cancellation actions.
26 May 2022
An online retail platform manipulating internet search algorithms to drive traffic to its website has been found to violate the Fair Trade Act and to be “taking a free ride on the competitor’s business efforts”.
19 May 2022
The court ruled that trademark owners shall not be at fault in non-use revocation actions when the TIPO has changed its interpretation of the goods/services classification.
12 April 2022
The Supreme Administrative Court has found in a rights holder’s favour in a case involving shifting class categories. However, rulings in this area are inconsistent and IP owners should take steps to shore up their marks.
07 April 2022
A prior right owner may demonstrate an applicant’s bad faith under Article 30(I)(12) of the Trademark Act if the two parties are competitors in the same industry or are engaged in related fields, even if they have no direct business relationship.
21 January 2022
The emergence of e-commerce, in which a wide range of goods are readily accessible, is leading to increasing overlap between the sales channels and target consumers of goods or services designated by different marks.
13 January 2022
Covid-19 lockdowns have forced some businesses to stop using their trademarks. While there is no word from Taiwan’s government on how this may affect non-use cancellations, owners can take pre-emptive steps to keep their marks valid.
02 December 2021
This decision of Taiwan’s IP Court demonstrates what type of evidence is required to prove trademark use when the mark at issue is used on a website that does not have a ‘.tw’ top-level domain.
09 November 2021
In a case currently before the Supreme Administrative Court, a registered trademark that was advertised in Taiwan could be vulnerable to non-use cancellation in the absence of any actual business transaction. Such a finding could have far-reaching consequences for trademark owners that offer their services offered outside of Taiwan.
29 September 2021
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