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Lee and Li Attorneys at Law | Taiwan | 13 Sep 2021

Does selecting and playing unauthorised songs on a jukebox for the purpose of evidence collection constitute public performance?

If musical works loaded onto a jukebox are not authorised by the copyright owners, the act of making the jukeboxes available to unspecified persons may infringe the public performance rights of the musical works. A judgment rendered by the Taiwan Intellectual Property Court considered whether a copyright owner or agent selecting and playing unauthorised songs on a jukebox for the purpose of......
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Lee and Li Attorneys at Law | Taiwan | 16 Aug 2021

IPO publishes five-year statistics on revoked administrative decisions

In the recent Patent Examination Quality Advisory Committee, the Intellectual Property Office (IPO) published statistics on administrative remedies for patent cases, including revocations of administrative decisions. The number of administrative lawsuits filed with the IP Court reduced to 67 cases in 2020 but the revocation rate remained around 26.32%.
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Lee and Li Attorneys at Law | Taiwan | 9 Aug 2021

Choice of grounds for post-grant amendment request matters

A recent case concerned whether the term "a bicycle DC generator" in the claim of an invention patent could be corrected to the term "a bicycle AC generator" post-grant. While the patentee held that the subject matter of the claim was an obvious error that had been unreasonably recorded, the courts held that since it is well known to people who have ordinary skill in the art that "DC......
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Lee and Li Attorneys at Law | Taiwan | 2 Aug 2021

IPO to launch industry collaborative interview programme

The Intellectual Property Office recently stated that it would like to launch an industry collaborative interview programme in the near future to benefit patent applicants' portfolios and enhance the efficiency and quality of its patent examination. It is recommended that patent applicants pay close attention to the implementation of the industry collaborative interview programme and......
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Lee and Li Attorneys at Law | 21 Jun 2021

How to present evidence to claim prior user rights

When facing an infringement action before the Intellectual Property Court, defendants seeking to assert prior use face an uphill evidentiary battle to convince the court that their product existed before the patent filing date. A look back at the most relevant decisions of the past two years reveals that success or failure hinges on the probative value of the evidence.
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Lee and Li Attorneys at Law | Taiwan | 17 May 2021

How to determine whether patent infringement is intentional or results from negligence

The Intellectual Property Court (IPC) recently rendered a civil judgment which clearly indicates how to determine whether patent infringement is intentional or whether it results from negligence. In the case discussed, the defendant had participated in an exhibition together with the plaintiff and had thus become aware of the patented products. The IPC found that this was sufficient to adopt......
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Lee and Li Attorneys at Law | Japan, Taiwan | 12 Apr 2021

Taiwan-Japan patent file wrapper exchange piloted

In 2018 the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association signed a memorandum of understanding on the exchange of patent file wrappers to facilitate the sharing of file histories and other relevant information sought by applicants and patent examiners between Taiwan and Japan. The Taiwan Intellectual Property Office recently announced the pilot of a shared......
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Lee and Li Attorneys at Law | Taiwan | 29 Mar 2021

Draft amendments to Patent Act introduce significant changes to patent remedy system

The Taiwan Intellectual Property Office recently published draft amendments to certain articles of the Patent Act which substantially revise the litigation procedures for patent cases and consolidate the appeal levels. The amendments amount to the biggest change to the Patent Act in recent years. Patent owners and related professionals should pay close attention to the changes to the act and......
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Lee and Li Attorneys at Law | Taiwan | 8 Mar 2021

Approved characteristics used to assess plant variety right infringement in war of the roses

Article 40 of the Plant Variety and Plant Seed Act provides legal remedies for plant variety rights holders or exclusive licensees whose rights have been infringed. The Taiwan Intellectual Property Court recently rendered a civil judgment that specifically indicates how to determine whether an allegedly infringing plant is an infringing variety.
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Lee and Li Attorneys at Law | Taiwan | 25 Jan 2021

TIPO issues Q&A on examination practices of new Patent Act

In 2019 the new Patent Act took effect, setting stricter time limits for parties to propose attack and defence methods in invalidation procedures to avoid delays in and improve the effectiveness of invalidation examinations. Following public confusion, the Taiwan Intellectual Property Office recently issued a Q&A on the examination practices of the Patent Act, to provide more detailed......
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