July 18, 2022
Taiwan’s Judiciary Says Intellectual Property Complaints Can Be Made Online The Judicial Yuan’s electronic litigation and online indictment platform has begun taking complaints about intellectual property infringements.  This new service is partly in response to the Covid-19 pandemic and also because digitization is more environmentally friendly.  For civil and administrative suits involving intellectual property, the system receives requests to upload only legal documents involving provisional attachments, the preservation of evidence, provisional injunctions maintaining a temporary status quo, and the enforcement of a suspension of action.  In the event that the plaintiff in an intellectual property case agrees to an administrative lawsuit, the Intellectual Property and Commercial Court can also upload the litigation documents and the official copy of the ruling to the platform.  Once the upload has been completed and the files are in the system archives, it is considered legally binding and any rulings on the document would be effective immediately.  The Judicial Yuan has urged the public to use the platform as it is in accord with the government policy of becoming carbon neutral by 2050. TIPO Publishes Patent Applications Data. The Intellectual Property Office in Taiwan has published the statistics for patent applications for the first quarter in 2022.  In that time period, TIPO received a total of 17,498 patent applications which was a 2% increase year on year.  There were 12,534 invention patent applications (a 5% increase), 3,328 utility model patent applications (a 6% decrease), and 1,636 design patent applications (a 5% decrease).  8,983 patent applications were filed by foreign applicants, which was an increase of 7% mainly attributed to a jump in the number...
July 7, 2022
TIPO Finalizes Draft Amendments to Taiwan’s Patent Law The Taiwan Intellectual Property Office recently submitted the draft Patent Law Amendment to the Executive Yuan and is expected to be passed soon.  Some of the key aspects of the amendment are as follows: A Patent Trial and Appeal Board (PTAB) will be established.  This new agency will deal with appeals of TIPO’s rejections of patent applications, patent term extension requests and procedural requests.  Also, post-grant amendments, compulsory license requests and invalidation actions will be handled by the board whose official name will be The Patent Committee for Review and Dispute Resolution.  The PTAB will be composed of senior patent examiners and legal experts, and a panel of 3 or 5 members will be formed to hear each case. The administrative appeal system will be adjusted.  The Petitions and Appeals Committee will be replaced by the PTAB, and the PTAB will replace the existing re-examination mechanism within the TIPO, thus becoming the first tribunal to hear an invalidation action.  For invalidation actions, the PTAB will examine invalidation actions on the basis of the adversary system by holding oral hearings. The time limit for filing divisional applications will be changed.  The time limit in future will be before issuance of the PTAB decision on an application or within 3 months from the date of receipt of a Notice of Allowance issued to an application.  These rules will also apply to design and utility model applications too. The grace period of 6 months after the disclosure of a design application and before filing will be extended to 12 months. In a dispute over...
January 28, 2021
With increasing financial sanctions imposed on Chinese companies by the US government in recent years, the practice of long-arm justice is ever more relevant for international business. In this article, we will discuss long-arm justice in the US once we have looked at a brief introduction to similar practices historically in China and international institutions like the UN.