In January 2020 the Intellectual Property Office announced draft amendments to the Copyright Act which aim to address the exploitation of copyrightable works in the era of digital convergence and cloud technology, the regulation of fair use, the reconciliation of rights and the perfection of copyright regulations. This article discusses the main points of the draft amendments.
The National Communications Commission (NCC) recently published a new compliance approval regulation for telecoms devices. The regulation clarified that the NCC may void approval issued to handsets supplied by Chinese telecoms manufacturers for changing the built-in region caller ID setting from 'Taiwan' to 'Taiwan, China' if this issue is not fixed promptly.
The National Communications Commission recently reached an agreement with the Ministry of Education that due to possible school closures during the COVID-19 pandemic, Channel 3 of Public Television Services will be assigned to provide support for distance learning to meet the needs of junior and high schools nationwide.
Research and development (R&D) efforts for COVID-19 diagnosis and treatment methods are in full swing. To promote and protect the results of this R&D, the Taiwan Intellectual Property Office (TIPO) has verified the Taiwanese patent database by comparing it with the COVID-19-related clinical trials currently registered in the US clinical trial database. Further, TIPO has released current Taiwanese patent information regarding COVID-19-related clinical trial drugs for public reference.
Taiwan has swiftly adopted the 'digital fence' system, whereby the location of anyone required to undergo home quarantine due to COVID-19 is monitored via their phone's cellular signal. This approach seems less intrusive than other options and has been an efficient tool for containing the virus. However, deploying these technologies on such a large scale without undertaking testing has incited criticism that law enforcement departments are bypassing the Communication Security and Surveillance Act.
In December 2019 the Legislative Yuan passed a third reading of amendments to the Trade Secrets Act, expressly stipulating that any unrecognised foreign juristic person may file a complaint for public prosecution, private prosecution or civil action pursuant to the Trade Secrets Act. In addition to solving inconsistencies in past judicial practice, the amendments establish the Protective Order in Criminal Investigation system.
The National Communications Commission has requisitioned selected airtime from 213 TV channels and 161 radio stations nationwide. Each of the selected TV channels must allocate 24 minutes each weekday and 10 minutes each weekend day to broadcast a one-minute short film with open captions every hour offering health-related information and updates from the Taiwan Centre for Disease Control in response to the COVID-19 pandemic.
Taiwan's 5G spectrum auction came to an end on 21 February 2020. The five incumbents secured the 5G spectrum following a competitive auction with total bids reaching NT$142.191 billion (approximately $4.7 billion) which will be paid within 30 days following the National Communications Commission's notice. The regulation governing mobile broadband services requires operators to file for an amendment to their deployment plan and information security plan subsequent to the bid price being paid.
In disputes relating to the ownership of patent rights, rights holders can petition for a pre-final enforcement order to preserve their rights before a judgment becomes final and irrevocable in addition to requesting the title transfer recordation of the disputed patent. However, in a recent Supreme Court ruling, it was explicitly stated that the pre-final enforcement of a patent transfer recordation was unnecessary and that the enforcement court will reject any such related petitions.
According to the Patent Examination Guidelines, in order to determine whether a patent application can be easily accomplished by persons ordinarily skilled in the art in view of the citations, it is necessary to consider whether there is motivation to combine multiple citations. Further, such motivation depends on whether the multiple citations are relevant or common in their technical contents.
In the ever-changing fashion industry, every signature handbag design represents the designer's endeavour and the brand's goodwill. However, whether a handbag design is protected under the Copyright Act remains controversial. In recent civil decisions, the IP Court has demonstrated how the Taiwanese courts approach this issue.
The Cybersecurity Act came into effect in Taiwan in 2019 and introduced new compliance requirements for reporting cybersecurity incidents that affect the telecoms, banking and transport industries in particular. In addition, Taiwan has just finished the first stage of the 5G spectrum option and the security by design of the network will be further developed in 2020. This video discusses the implications of the Cybersecurity Act for businesses as well as 5G network security developments.
A patent's scope is defined by the language of the claim. Due to the polysemy of language, a term may have different meanings to different people. Divergent interpretations of a term can influence a claim's scope and affect the determination of infringement or patent validity. Therefore, disagreements and debates regarding claim constructions always exist in patent litigation. The Supreme Administrative Court ruled on this issue in a recent case involving the patent for an electronic payment system.
Before the amended Patent Act took effect on 1 November 2019, a request for post-allowance division could be filed within 30 days of receiving an allowance decision only if the parent invention application had been allowed at the first examination stage. Under the amended Patent Act, a request for division can be filed within three months of receiving an allowance decision irrespective of whether the parent invention application has been allowed at the first examination or re-examination stages.
The current Patent Act was amended on 18 January 2018 and took effect on 1 May 2018. Subsequently, in April 2019 the Legislative Yuan amended the act once again in order to relax some of the requirements – in particular, to reflect adjustments to international patent laws and practice and upgrade Taiwan's patent examination practice. The latest amendments took effect in November 2019. This article examines the major changes introduced by the amendments.
In September 2019 a landmark appeal court decision found an online information service provider liable for consequential damages of data theft. Before this decision, most data theft cases in civil actions were resolved by a summary judgment under the Personal Data Protection Act, which offers claimants statutory compensation for non-pecuniary damages of between NT$500 and NT$20,000 per incident.
The Taiwan Intellectual Property Office recently announced a new measure to manage design patent application priority claims. Now, the examination of a design patent application priority claim will align with that of an invention patent application – namely, the priority claim will not be substantively examined first. Thus, applicants can claim multiple priorities.
Further to the Unmanned Vehicles Technology Innovation Experimentation Act, which entered into force on 1 June 2019, a new regulation for drone use under the latest amendment to the Civil Aviation Act will take effect on 31 March 2020. Among other requirements, under the new act, drone operators in Taiwan will need to register with and pass an exam conducted by the Civil Aeronautics Administration to obtain an operator licence.
The new Telecommunications Act, which enters into force in June 2022, will replace the conventional Type I and II telecom licence categories (ie, facility-based and service-based operators, respectively) which were adopted in 1996 with a more liberal approach and give the National Communications Commission more scope with regard to spectrum management and licensing.