Disputes over patent ownership often arise between companies and research and development personnel. Such disputes can involve disagreement over whether an invention is a service invention and whether any specific agreements exist which govern patent ownership between the two parties. Opposing views have been presented regarding whether the fact that a company has paid for a patent application and annual patent fees can evidence that an invention is a service invention.
The Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademarks state that trademark owners must identify whether seized goods constitute infringement within 24 hours of the seizure, an obligation which often proves burdensome. In light of this, the Customs Administration of the Ministry of Finance recently proposed a draft amendment which offers an alternative to on-site determination of infringement: the use of accurate and reliable photo-taking technology.
The Taiwan Intellectual Property Office (TIPO) recently published draft amendments to 53 articles of the Trademark Act. Among other changes, the amendments introduce a new TIPO Appeal and Dispute Board, which will be responsible for deliberating on trademark remedy cases. This article summarises the main changes that the amendments introduce.
The Judicial Yuan recently published the IP Court's judgment in Taiwan's first patent linkage case. The IP court granted an injunction to prevent the manufacture of a generic drug which was found to have infringed a new drug's patent based on the doctrine of equivalents. The IP Court's watershed decision in this case will significantly affect both the patent linkage system and patent linkage litigation for years to come.
In 2018 the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association signed a memorandum of understanding on the exchange of patent file wrappers to facilitate the sharing of file histories and other relevant information sought by applicants and patent examiners between Taiwan and Japan. The Taiwan Intellectual Property Office recently announced the pilot of a shared platform for accessing patent examination documents.