Taiwan IP Updates

 By Lyndon 

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Derivative Design Patents in Taiwan

When a designer develops a new product, it often happens that they would like to create several similar designs at the same time.  Under the old Patent Law system, there was an associated design that could be applied for in order to get more thorough protection.  If it were necessary for the court to deal with a patent infringement lawsuit, the first step would be to see if the allegedly infringing item was the same or very similar to the patented design in outer appearance.  In this way, the associated design patent system helped set the scope of the original design patent and made it more precise.  However, the patent right of an associated design under the old Patent Law was subordinate to the original design patent, and an associated design patent could not be independently enforced against similar designs.  In 2013, the Patent Law was overhauled and the derivative design patent system was established.  That means a derivative design patent can be independently enforced making for a less complicated process.  For design patent owners, it is worth considering filing derivative design applications to secure the best possible protection..

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Patent and Trademark Filings in Taiwan Semi-Annual Report 2021

The Taiwan Intellectual Property Office has published the figures for patent and trademark filings for the first half of 2021.  35,264 new patent applications and 46,379 new trademark applications were filed making a 4% and 7% increase respectively from last year.  Patent applications by local large enterprises applications increased by 21% with TSMC filing a record 1,263 applications. Also, the number of invention patent applications by domestic applicants increased by 10% to 23,876.  The number of utility model and design patent filings from foreign applicants also increased by 22% and 5% respectively.  Japan was the source of the highest number of invention and design patents filed by a foreign applicant.  China was top of the list for foreign applicants for utility model applications.  As for trademark filings, the number of trademark applications by local applicants reached a total of 35,048, many of which were in class 35 (advertising, business management, retail and wholesale services).  All in all, the patent and trademark fields are proving to be resilient in a challenging global economic environment.

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TIPO Issues Statement about Set-Top Boxes

In a recent statement, the Taiwan Intellectual Property Office clarified that users who buy and use set-top boxes are not copyright infringers.  A set-top box, also known as a cable box, is an information appliance device that contains a TV-tuner and displays output to a TV set and an external source of signal, turning the source signal into content in a form that can then be displayed on the TV screen.  It allows simultaneous access to television broadcasts and internet applications.  During the Tokyo Olympic Games various stories appeared in the media about certain high profile individuals taking selfies celebrating a favorite athleteˇ¦s victory with the screen shot showing an absence of the logo of the local channel licensed to broadcast the games.  The revelation was somewhat controversial as the transmission of the infringing content is ultimately initiated by the viewer.  Such celebrities felt obliged to apologize and make an excuse that they inadvertently used a set-top box wrongly.  Technically, set-top boxes on the market donˇ¦t usually contain any copyright-infringing software, but via different ways itˇ¦s possible for unauthorized streaming channels to be located.  For example, some set-top boxes on the market have software aggregating illegal audiovisual links or providing preset paths for the buyer to download or the boxes are sold with built-in apps.  All of the above contravene the Copyright Act and come with a fine of NTD500,000.  Therefore, TIPO and the National communications Commission (NCC) wish to remind the public that a set-top box should not be misused to facilitate copyright infringement.  This harms the legally authorized OTT service providers and affects the development of the content industry in Taiwan.

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