2021 年 10 月 1 日

Introduction to the ‘Copyright Collective Management Organization’s Personal Data Safety Maintenance Guide’ (Taiwan)

Jane Tsai, Doris Hsu and Lilian Hsu The economic rights holder  may commission the Copyright Collective Management Organization (‘CMO’) as its proxy to exercise holdership rights via entering a managing agreement for the convenience of copyright management in today’s diverse […]
2021 年 10 月 1 日

Is the sale and manufacture of “Ubox clean version” which doesn’t contain any infringing apps, against the law? (Taiwan)

Jane Tsai and Weke Chen In August this year, the Olympic craze swept across Taiwan. While celebrities began posting on social media photos of them supporting their favorite athletes, some eagle-eyed netizens found in those photos their use of Ubox, […]
2021 年 10 月 1 日

【Firm News】We are delighted to be a contributing firm to the International Arbitration 2021 Guide with Chambers Global Practice Guides. Our commentary on the International Arbitration sector in Taiwan provides expert insights on the current laws and regulations, the trends and developments, cross-jurisdictional issues and more. Read our chapter for more expert commentary on the legal issues around International Arbitration.

Aaron Chen and Jaime Cheng International Arbitration 2021
2021 年 9 月 1 日

Introduction of the Draft Amendments to the Copyright Act (Taiwan)

Jane Tsai and Jiselle Ong To accommodate the rapid development of digital technologies and the Internet, the Executive Yuan adopted the draft Partial Amendments to the Copyright Act on April 8, 2021 and submitted them to the Legislative Yuan on […]
2021 年 7 月 1 日

Means of proof that may defeat the originality of “interior design” (Taiwan)

Yuki Chiang The Supreme Court handed down the 109-Tai-Shang-2725 Decision of January 20, 2021, with the following facts underlying this decision.  The Appellant plagiarized and reproduced the guest rooms and furniture and furnishings of Hotel A (hereinafter, “Hotel A’s Interior […]
2021 年 5 月 17 日

Photographs and design drawings on product catalogs should be copyrightable (Taiwan)

Yuki Chiang According to the facts underlying the 109-Min-Zhu-Shang-2 Decision of October 22, 2020 judged by the Intellectual Property Court, Appellant, Company A, sought to help its customers and vendors better understand various products by editing and creating product brochures […]
2021 年 2 月 1 日

Copyright Law (Mainland China)

Jolene Chen On November 11, 2020, the 23rd Session of the Standing Committee of the 13th National People’s Congress adopted the Third Amendment to the Decision on Amending the Copyright Law of the People’s Republic of China.  The third amendment […]
2021 年 2 月 1 日

The scope of the lawful exploitation of a work under Article 12, Paragraph 3 of the Copyright Law which provides that the commissioning party may exploit the work, should be determined by the purposes of the commission or of the contract (Taiwan)

Albert Yen The Supreme Court rendered the 109-Tai Shang-3948 Decision of September 17, 2020 (hereinafter, the “Decision”), holding that the scope of the lawful exploitation of a work under Article 12, Paragraph 3 of the Copyright Law which provides that […]
2021 年 1 月 1 日

Patent Law (Mainland China)

Jolene Chen On October 17, 2020, the Standing Committee of the National People’s Congress promulgated the Decision on Amending the Patent Law of the People’s Republic of China (2020), and the newly amended Patent Law will come into force on […]
2020 年 12 月 1 日

Mere provision of a hyperlink does not constitute an act of public transmission (Taiwan)

Yuki Chiang The Supreme Court rendered the 109-Tai-Shang-2616 Criminal Decision of June 30, 2020 (hereinafter, the “Decision”), holding that mere provision of a hyperlink does not constitute an act of public transmission, but if the actor is obviously aware that […]
2020 年 12 月 1 日

Opinions of the Supreme People’s Court on Increasing Punishment for Intellectual Property Rights Infringement Property Rights Infringement (Mainland China)

Di Wu After reviewing the actual practice in intellectual property cases, the Supreme People’s Court formulated its Opinions on Increasing Punishment for Intellectual Property Rights Infringement on September 14, 2020(the “Opinions”) to strive for fair trials, more effectively deter infringement […]
2020 年 11 月 1 日

When a court sets the amount of damages for copyright infringement, a decision against the defendant should be rendered within the scope of the compensation admitted by the defendant (Taiwan)

Yuki Chiang The Intellectual Property Court rendered the 109-Min-Su-48 Decision of June 30, 2020 (hereinafter, the “Decision”), holding that when a court sets the amount of damages based on the circumstance of the infringement, if the defendant admits to the […]
2020 年 11 月 1 日

Official Reply of the Supreme People’s Court on the Application of Law in Internet-related Intellectual Property Rights Infringement Disputes (Mainland China)

Joyce Wen On September 12, 2020, the Supreme People’s Court issued its Official Reply on the Application of Law in Disputes Internet-related Intellectual Property Rights Infringement Disputes (the “Reply”).  The Reply mainly sets down clear provisions on the application of […]
2020 年 11 月 1 日

Guiding Opinions of the Supreme People’s Court on the Trial of Civil Cases Involving the Intellectual Property Rights on E-commerce Platforms (Mainland China)

Joyce Wen On 10 September 2020, the Supreme People’s Court issued the Guiding Opinions on the Trial of Civil Cases Involving Intellectual Property Rights on E-commerce Platforms (the “Opinions”).  The Opinions marked the first time that the Supreme People’s Court […]
2020 年 10 月 1 日

The objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of works,” and their use right can only be obtained by a transfer of possession rather than a transfer of ownership (Taiwan)

Albert Yen The Intellectual Property Court rendered the 109-Min-Zhu-Su-14 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that the objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of […]
2020 年 7 月 1 日

Opinions of the Supreme People’s Court on the Comprehensive Strengthening of Judicial Protection of Intellectual Property Rights (Mainland China)

Di Wu Strengthening the protection of intellectual property rights is the most important element of improving the property rights protection system and is also the greatest driver to enhance the competitiveness of our economy.  The Supreme People’s Court thus issued […]
2020 年 7 月 1 日

The creativity of photographic works should not be determined by whether a photographer has made the adjustments of traditional photography techniques to the works. (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Zhuan-Su-103 Decision of December 30, 2019 (hereinafter, the “Decision”), holding that since mobile phones have different shooting modes, the creativity of photographic works should not be determined by whether a photographer has […]
2020 年 5 月 1 日

Interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the broadest reasonable interpretation at the time of application (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 108-Pan-556 Decision of December 5, 2019 (hereinafter, the “Decision”), holding that interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the […]
2020 年 4 月 1 日

Although the Copyright Law protects the right of the commissioning party to exploit the works, nevertheless such exploitation right is not without restriction and still needs to meet legal or contractual requirements (Taiwan)

Nora Shih The Intellectual Property Court rendered the 108-Xing-Zhi-Shang-Yi-32 Decision of August 29, 2019 (hereinafter, the “Decision”), holding that although the Copyright Law protects the right of the commissioning party to exploit the works, nevertheless such exploitation right is not […]
2020 年 3 月 1 日

Since the components of a product in the electronics industry come from different companies in different fields, the mere fact that they may be used in combination shall not be grounds for finding that the products are similar (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 108-Pan-375 Decision of July 30, 2019 (the “Decision”), holding that because the components of a product in the electronics industry come from different companies in different fields, it is improper to conclude […]
2019 年 12 月 31 日

If an invention can be easily achieved by person having ordinary skills in the art, an invention patent shall not be granted (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 108-Pan-420 Decision of August 23, 2019 (hereinafter, the “Decision”), holding that although an invention is not subject to any of the circumstances in Article 22, Paragraph 1 of the Patent Law, still […]
2019 年 11 月 30 日

The nature of industrial and commercial secrets and trade secrets is not exactly the same (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Xing-Zhi-Shang-Yi-10 Decision of May 2, 2019 (hereinafter, the “Decision”), holding that since the nature of industrial and commercial secrets and trade secrets is not exactly the same, the definition of trade secrets […]
2019 年 10 月 31 日

If a trademark owner requests to eliminate or prevent trademark infringement by an infringer, it is only necessary to determine if the infringer objectively engages in any factual infringement or is likely to infringe with no need to explore the subjective criteria for the infringer (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Shang-Su-1 Decision of May 7, 2019 (hereinafter, the “Decision”), holding that if a trademark owner asserts an inaction claim to eliminate or prevent trademark infringement by an infringer, it is only necessary […]
2019 年 9 月 30 日

Provisions on Electronic Trademark Applications (Mainland China)

Joyce Wen The State Intellectual Property Office (the “SIPO”) promulgated the Provisions on Electronic Trademark Applications (the “Provisions”) on August 27, 2019.  Consisting of 13 articles, the Provisions clarify the scope and filing requirements for electronic trademark applications and confirm […]
2019 年 8 月 31 日

Announcement on Adjustments to the Conditions for Reducing Patent and Trademark Registration Fees (Mainland China)

Joyce Wen The State Intellectual Property Office issued the Announcement on Adjustments to the Conditions for Reducing Patent and Trademark Registration Fees (the “Announcement”) on June 28, 2019.  The Announcement is aimed for reducing taxes and fees to reduce social […]
2019 年 6 月 30 日

Attention should be paid to the overall feel of the entire works in order to determine if artistic or aesthetic works such as artistic works are plagiarized, and this should be based on the reactions or impressions of the general rational mass audience and is not necessitated by the examination or determination by professionals (Taiwan)

2018.12.27 Nora Shih The Intellectual Property Court rendered the 107-Xing-Zhi-Shang-Su-16 of December 27, 2018 (hereinafter, the “Decision”), holding that attention should be paid to the overall feel of the entire works in order to determine if artistic or aesthetic works […]
2019 年 6 月 30 日

The Copyright Law is amended, and operators providing set-top boxes or Apps which link to infringing websites will be deemed copyright-infringing (Taiwan)

2019.4.16 Tiffany Hsiao The Legislative Yuan adopted amendments to Article 87 and Article 93 of the Copyright Law (hereinafter, the “Law”) during the 9th Meeting of the 7th Session of the 9th Term of the Legislative Yuan on April 16, […]
2019 年 3 月 31 日

To determine if a work is plagiarized, it is also necessary to consider the quality and quantity of exploitation; and even in the absence of massive plagiarism, if the plagiarized portions are essential or important cores, infringement is still constituted (Taiwan)

2018.11.7 Sean Liu The Supreme Court rendered the 106-Tai-Shang-2673 Civil Decision of November 7, 2018 (hereinafter, the “Decision”), holding that under Article 7, Paragraph 1 of the Copyright Law, compilation works of authorship which involve the selection and compilation of […]
2019 年 1 月 31 日

The industrial or commercial secrets under the Criminal Code require a certain degree of confidentiality, and the owners of confidential information are required to take certain confidentiality measures so that others cannot easily learn about the contents of such information (Taiwan)

2018.8.30 Ankwei Chen The Intellectual Property Court rendered the 106-Xing-Zhi-Shang-Su-42 Criminal Decision on August 30, 2018 (the “Decision”) in which it held that industrial or commercial secrets under the Criminal Code require a certain degree of confidentiality, and the owners […]
2019 年 1 月 31 日

Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in the Preservation of Conduct in Intellectual Property Disputes (Mainland China)

2018.12.12 Karl Zhang The Supreme People’s Court recently imposed certain requirements for preservation issues in intellectual property disputes by promulgating the Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in Preservation of Conduct in Intellectual […]