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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…
Lee and Li Attorneys at Law | Taiwan | 25 Sep 2023
Unauthorised use of Taiwan-registered trademarks in China does not Violate Taiwan Trademark Act
Whether using a Taiwan-registered trademark in China without the consent of the Taiwanese trademark registrant violates the Trademark Act of Taiwan is a very controversial issue in practice. The Intellectual Property and Commercial Court recently tackled a specific case of selling trademarked goods on online platforms in China and ruled that this did not violate the Trademark Act. The key......
Lee and Li Attorneys at Law | Taiwan | 18 Sep 2023
Drawing content of other people's photos may constitute copyright infringement
An object in a photograph does not receive copyright protection. Nonetheless, a recent judgment from the Intellectual Property and Commercial Court stated that drawing the content of another person's photo constitutes an infringement of that person's copyright to the photo by reproducing the photo. This article explores the case and the Court's decision.
Lee and Li Attorneys at Law | Taiwan | 18 Sep 2023
Ministry of Economic Affairs invites public comments for registration and management of trademarks regulations
The Ministry of Economic Affairs, pursuant to article 6(4) of the Trademark Act, has prepared a draft version of the Regulations on the Registration and Management of Trademark Agents. These aim to certify professional competence alongside the registration and management of a trademark agency business, enhance the transparency of trademark agents, and protect the rights and interests of......
Lee and Li Attorneys at Law | Taiwan | 17 Sep 2023
Climate Regulation in Taiwan
Lee and Li Attorneys at Law | Taiwan | 17 Sep 2023
Environment in Taiwan
Lee and Li Attorneys at Law | Taiwan | 12 Sep 2023
Introduction to the pilot Accelerated Design Patent Examination
In order to provide patent applicants greater flexibility in filing strategy and thereby strengthen patent portfolios and facilitate patent…
Lee and Li Attorneys at Law | Taiwan | 11 Sep 2023
Legal actions based on defective infringement assessment report may be considered patent misuse
Article 58 of the Taiwan Patent Act provides that patent holders are entitled to preclude others from implementing their patented invention without their consent. While the patentee may enforce this exclusive right under the Act, the exercise of these rights has its limits. Exceeding these limits may be deemed a misuse of patent rights, which could even constitute a tort under article 184 of......
Lee and Li Attorneys at Law | Taiwan | 11 Sep 2023
Supreme Administrative Court provides opinion on commercial success
Based on an overview of decisions from various courts, there does not seem to be any standard or consensus as to how commercial success affects the assessment of inventive step and how the courts examine inventors' claims and evidence of commercial success. This article looks at a recent Supreme Administrative Court judgment, which held that "commercial success is only an auxiliary factor in......
Lee and Li Attorneys at Law | Taiwan | 4 Sep 2023
Photocopy of priority basis application cannot be used as proof of priority for patent application
If a patent applicant fails to submit a priority certificate issued by a patent authority by the deadline and instead provides a photocopy of the priority basis application as a substitute, can this be considered proof of priority? The Supreme Administrative Court did not think so in a recent judgment.
Lee and Li Attorneys at Law | Taiwan | 29 Aug 2023
Reform in Remedies Following Dismissal of Reconsideration for Non-Prosecution
On June 21, 2023, Article 258-1 and other concerned provisions of the Code of Criminal Procedure ("CCP") were amended and promulgated, changing the…
