Region: Taiwan

Intellectual Property Office reveals plans for IP reform

According to Wang Mei-Hua, the new director general of the Taiwan Intellectual Property Office, the office is planning to amend the Patent Act, the Copyright Act, the Trademark Act and the trademark examination guidelines. The amendment to the Trademark Act aims to bring Taiwan into line with international treaties.

18 February 2008

Registrability of CONFUCIUS re-examined

The Taiwanese Intellectual Property Office has re-examined the registrability of the name of the famous Chinese philosopher Confucius (in Chinese characters) as a trademark. The office found that the trademark CONFUCIUS, which was registered by the China National Office for Teaching Chinese as a Foreign Language, lacked distinctiveness.

14 January 2008

IP Court is delayed until Summer 2008

Taiwan's long awaited IP Court will not begin hearing cases until July 1 2008. The director of the Judicial <i>Yuan</i>'s Department of Administrative Litigation and Discipline has announced that although the court's preparatory office is now up and running, it will need another 10 months to be certified and complete renovations.

16 October 2007

Guidelines on special types of marks issued

The Intellectual Property Office has issued its "Examination Guidelines on Certification Marks, Collective Trademarks and Collective Membership Marks". The guidelines define the requirements for registration for certification marks, collective trademarks and collective membership marks.

12 September 2007

Guidelines on amendments to Trademark Act issued

The Intellectual Property Office has issued a set of guidelines on amendments to the Trademark Act. The guidelines are designed to help Taiwan better fulfil its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights and to render the law more relevant to the developing needs of modern trade and industry.

05 July 2007

New IP Court set to start hearing cases in September

Following the implementation of the Examination Act for Intellectual Property Rights Cases and the Organization Act of Intellectual Property Rights Court, Taiwan will set up a specialist IP Court. The court is expected to start hearing civil and administrative IP cases by September 2007. The new court will also act as an appellate court for criminal IP matters.

27 March 2007

Joint ownership of trademark rights now available in Taiwan

The Taiwan Intellectual Property Office has decided to accept trademark applications filed in the name of multiple owners. The Guidelines on Joint Ownership of Trademarks provide, among other things, that joint owners should appoint a representative from among themselves; failing that, the first owner listed on the application form will be deemed to be the representative of the joint owners.

06 November 2006

Use of MICHELIN and third-party marks on clothing not infringing

The HsinChu District Court has dismissed a trademark infringement complaint filed by Michelin, holding that use of the MICHELIN mark, along with various other third-party marks, on clothing did not constitute trademark infringement because the trademarks were serving not as badges of origin but as decoration.

12 July 2006

Landmark building protected by trademark law

The Taiwanese Intellectual Property Office has issued an opinion recognizing that the owners of the Taipei 101 building, the tallest building in the world, have exclusive rights in the use of the configuration of the building based upon a three-dimensional mark registration in various classes of the Nice Classification.

11 April 2006

Taiwan's plan for new IP Court takes shape

The Taiwanese government's plan to set up a specialized court for the examination of IP cases is taking shape with discussions of draft legislation under way. Under the proposed IP Court Organization Act and Examination Act for IP Cases, the new court will have jurisdiction over civil, criminal and administrative proceedings involving IP rights to speed up and improve the quality of the resolution of IP disputes.

07 December 2005

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