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Lee and Li is a full-service law firm and understands the need to diversify and specialize. In response to the rapid developments in trade and…
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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 | 6 Sep 2021

TIPO explanations on draft amendments to Copyright Act concerning sound recordings

Some practitioners have raised concerns that the recent draft amendments to the Copyright Act could discriminate against the copyright of sound recordings. The Taiwan Intellectual Property Office has published explanations to address such concerns. The explanations were made in response to the content of the draft amendments passed by the Executive Yuan and are not formal regulations or orders.
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Lee and Li Attorneys at Law | Taiwan | 30 Aug 2021

Overview of Copyright Act draft amendments

In keeping with the rapid development of digital technology and the Internet, the Taiwan Intellectual Property Office has proposed draft amendments to the Copyright Act after considering various international treaties and the copyright legislation of other countries. The draft amendments add nine new articles to the Copyright Act and revise 37 other articles. This is the most significant......
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Lee and Li Attorneys at Law | Taiwan | 23 Aug 2021

IP Court determines trademarks must be used for actual trading in Taiwan

According to the Trademark Act, the Intellectual Property Office can revoke a trademark registration if the trademark has not been used without a justifiable reason for three years. In a recent non-use revocation case, the IP Court held that if a trademark is advertised in Taiwan but the trademark registrant has no shop in Taiwan and carries out no transaction services in Taiwan, this does......
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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 | 28 Jun 2021

Technical evaluation reports of utility model patents and due care obligation of patentees

Article 117 of the Patent Act clearly provides that a patentee's exercise of a utility model patent right should be carried out based on the contents of an associated technical evaluation report and with due care. Due attention should be paid to this provision as it offers important evidence of a patentee's exemption from infringement liability.
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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 | 14 Jun 2021

Draft amendment to Examination Guidelines for Computer Software-Related Inventions

In recent years the development of technology has led to new types of applications and inventions in various fields. To adapt to such changes while continuing to meet the practical necessities of examination, the Taiwan Intellectual Property Office has released a draft amendment to the Examination Guidelines for Computer Software-Related Inventions, the third such amendment since their......
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