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Lee and Li Attorneys at Law | Taiwan | 27 Sep 2021

Newly adjusted draft amendments to Patent Act

Having deliberated on comments received from various parties regarding the draft amendments to certain articles of the Patent Act released in December 2020, the Taiwan Intellectual Property Office has released a second draft of amendments. The amendments concern, among other things, the suspension of procedures, the timing of divisional applications, the circumstances in which new evidence......
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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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Shay & Partners | Taiwan | 20 Aug 2021

NCC issues alerts on purchase and use of OTT TV boxes

"Over-the-top (OTT) TV boxes", also known as "internet protocol TV boxes", are small home electronic devices that can be used to download and stream media content. They are subject to the National Communications Commission's (NCC's) prior inspection and type approval before their introduction to the market. The NCC specifically prohibits device suppliers from offering any firmware or software......
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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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Shay & Partners | Taiwan | 13 Aug 2021

NCC completes consultation on 5G vertical applications in 4.8–4.9GHz bands

The National Communications Commission (NCC) recently completed its consultation on 5G vertical applications in the designated frequencies of 4.8–4.9GHz. It plans to enact a specific regulation for the operation of the designated mobile broadband networks no later than the end of 2021, subject to the results of spectrum clearance in the 4.8–4.9GHz band. The NCC will use the consultation to......
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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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