Asian Patent Attorneys Association By Thomas Q.T. Tsai The Recognized Group of Taiwan Group Report.
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Transcript of Asian Patent Attorneys Association By Thomas Q.T. Tsai The Recognized Group of Taiwan Group Report.
Asian Patent Attorneys Association
By
Thomas Q.T. Tsai
The Recognized Group of Taiwan
Group Report
Patent Practice Patent and Trademark Applications
Year Patent Trademark
2002 61,402 61,729
2003 65,742 65,907
Increase/
Decrease
+7.06% +6.77%
IP Litigation before District Prosecutors’ Offices
Patent Practice (cont.)
Year New Cases
Dissolved Cases
Indicted Cases
The Average Days to Dissolve One Case
2002 5627 5704 2670 114.99
2003 6567 6545 2866 80.67
Increase/
Decrease
+940 +841 +190 -34.32
New IP Practices Newly Effective Patent Law
- Effective as of July 1, 2004 New Trademark Practices
- Registration of Sound Marks and 3D Marks
- Determination of the Likelihood of Confusion
- Effective as of July 1, 2004 2004 Copyright Law Amendment
- Effective as of September 3, 2003
Patent Law Amendment
Deadlines for Submitting Priority Documents Extended
“Involuntary Disclosure” as Exception to Novelty Bar
Deadline for Requesting a Re- examination Extended
Post-Grant Invalidation only
Patent Law Amendment (cont.)
Examining Cases Involving Infringement Litigation on a Priority Basis
Patent Annuity Reduction Formality Examination for Utility Model
Patent Applications Complete Decriminalization of Patent
Infringement Acts
New Trademark PracticesEffective as of July 1, 2004
Guidelines for Examination of Sound Marks
Guidelines for Examination of 3D Marks
Guidelines for Determining the Likelihood of Confusion
Guidelines for Examination of Sound Marks Sound Marks: commercial tunes, rhythms, human
voices, bells, ring tunes, or animal calls. Represented by musical score, numerical musical
score, or a written description, music notes, or literal description, along with a CD-ROM recording the sound.
Distinctiveness Requirement must be met. If the sound represent the quality, function, or
description of the goods/service, it is not distinctive. No registration for generic sound.
Guidelines for Examination of 3D Marks
3D Marks: consist of height, width, and length. Described by 3D drawing. Perspective drawings
or samples are optional. Distinctiveness Requirement must be met. 5 Types: shapes of goods; shapes of packaging;
3D logos; interior or exterior decoration of shop; combination of words, images, symbols, colors and 3D shapes.
3D marks must be distinctive and non-functional.
Guidelines for Determining the Likelihood of Confusion
Factors:1. The strength of the marks
2. The degree of similarity between the marks
3. The degree of similarity between the goods/services of the marks
4. The extend of the trade operation of the senior right owner
Guidelines for Determining the Likelihood of Confusion (cont.)
5. The actual Confusion
6. The degree of the consumer recognition of the marks
7. Whether the applicant of the junior mark is in good faith
8. Other factors, such as the channels of trade or the service types.
2004 Copyright Law Amendment- Effective as of September 3, 2004
Adding Anti-Circumvention Provision Eliminating the Distinction between “Int
ent for Profit” and “Not-Intent for Profit” for Criminal Penalty
Increasing the Penalties for Manufacturing and Selling Pirated CDs
2004 Copyright Law AmendmentEffective as of September 3, 2004
Clarifying Definition for Fair Use Suspending the Release of Alleged
Copyright Infringement Goods at the Custom
First Patent Compulsory License
Condition:1. non-profit seeking use in case of national
emergency or to improve the welfare of the Public, or
2. where the applicant is unable to reach a license agreement under a reasonable commercial condition for a certain period.
Limits:
Practice can only to supply the domestic market; in other words, export is not allowed.
Thank You for Your Attention
The Recognized Group of Taiwan