Important News

Mutual acceptance of cross-strait priority right claims begins as of November 22, 2010

Taiwan and Mainland China both sides agreed to commence mutual acceptance of priority right claims for patents, trademarks, and plant varieties as of November 22, 2010. Priority right claims for first applications may be accepted retroactive to September 12, 2010 (enactment date of the Cross-Strait Agreement). (Nov. 22, 2010, News Source: TIPO)

Statistics of crackdown on IP infringement by NPA police authorities

In August 2010, the National Police Agency (NPA) uncovered 287 cases of IPR infringement (155 trademark cases and 132 copyright cases). The copyright infringements of overseas products included 17 cases involving parties from the U.S. and 12 cases involving parties from Japan. (Nov. 15, 2010, News Source: TIPO)

MOEA establishes special inspection team for suspicious imported goods

The MOEA has taken a positive step toward improving management and inspection of imported goods with the adoption of the “Implementation Program for Joint Inspection Team on non-compliant Products.” The plan is a collaboration of efforts by the Ministry of Economic Affairs, Ministry of Finance, Department of Health, Council of Agriculture, and Coast Guard Administration, and will be responsible for special inspection of suspicious import goods entering Taiwan. The establishment of the Joint Inspection Team will help prevent these goods from entering Taiwan and hindering the development of domestic industries and protect the rights of both consumers and law-abiding business operators in Taiwan.

The main features of this new mechanism include: (1) special inspection audits: conducted when information concerning suspicious imported goods is reported; (2) Random inspection: when no specific information or evidence is reported, inspectors may conduct random inspection of suspicious goods or imports from suspicious regions that threaten to harm or negatively influence domestic industries ; (3) Regular inspection: regularly-scheduled inspection of suspicious goods or imports from suspicious geographic origin will be conducted one or more times per month. Inspection will examine for violations that include false indication of geographic origin, product name or other content, and other forms of trademark or copyright infringement. The Program was launched May 5 and will continue until December 31, 2010. An evaluation of progress will be made during the final month to determine whether to extend the program into the following year. (July 15, 2010, News Source: TIPO)

TIPO has already updated the “Well-known Trademark Case Directory” annually

There are multiple channels in Taiwan to recognize and protect well-known trademarks. An abundant supply of well-known trademark cases has accumulated over the years, but such information has not been compiled for reference for all interested sectors.

To fill this void, TIPO commissioned outside sources in 2008 to collect all cases within the last five years, from 2003 to mid. 2008, which include well-known trademarks recognized by the courts, Fair Trade Commission, Taiwan Network Information Center and TIPO. These cases were compiled into a central directory for use by enforcement agencies, industries, scholastic institutions, and other interested sectors conveniently.

This project, entitled “Well-Known Trademark Case Directory and Studies,” also lists common guidelines and criteria for recognizing well-known trademarks and facts and evidence, as well as suggestions for future amendments to the currently existing well-known trademark protection mechanism.

TIPO has already updated the Case Directory in 2009. The cases in the latest version of the Directory are recognized in the period of five year from July 1 2004 to June 30 2009.  Related Links: http://www.tipo.gov.tw/ch/Download_DownloadPage.aspx?path=3526&Language=1&UID=
8&ClsID=31&ClsTwoID=208&ClsThreeID=0