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 […]
2018 年 12 月 31 日

The provision concerning computer programs or other technologies in Article 87, Paragraph 1, Subparagraph 7 of the Copyright Law does not merely prohibit illegal transmission via peer-to-peer technologies as a type of infringement (Taiwan)

2018.10.1 Jenny Chen The Intellectual Property Office of the Ministry of Economic Affairs issued the Zhi-Zhu-10700064350 Circular of October 1, 2018 (hereinafter, the “Circular”) to communicate that the provision concerning computer programs or other technologies in Article 87, Paragraph 1, […]
2018 年 10 月 31 日

Whether an artistic work created by computer software is protected under the Copyright Law depends on whether the work’s spirit sufficiently conveys the personality of the author, and there is no direct relationship with whether source materials provided by the computer software are used for its creation (Taiwan)

2018.7.26 Ankwei Chen The Intellectual Property Court rendered the Xing-Zhi-Shang-Yi-67 Criminal Decision on July 26, 2018 (the “Decision”)in which it held that whether an artistic work created by computer software is protected under the Copyright Law depends on whether the […]
2018 年 9 月 30 日

The court may award the amount of damages by considering circumstances such as the degree of creativity of works, the defendant’s use of works and the impact on the defendant’s creation of its corporate image and the defendant’s awareness in respecting intellectual property rights (Taiwan)

2018.8.2 Jane Tsai The Intellectual Property Court rendered the 106-Min-Zhu-Su-10 Civil Decision of August 2, 2018 (hereinafter, the “Decision”), holding that if the amount of damages cannot be substantiated, the court may award the amount of damages by considering circumstances […]
2018 年 5 月 31 日

If the individual figures in a single image all have vivid styles, they are all individually copyrightable (Taiwan)

2018.3.19 Jane Tsai The Intellectual Property Court rendered the 106-Min-Zhu-Su-41 Civil Decision of March 19, 2018 (hereinafter, the “Decision”), holding that if the individual figures in a single image all have vivid styles, they are all individually copyrightable. According to […]
2018 年 4 月 27 日

Since the selling price of the second-hand tour bus only covered the vehicle per se, the transfer of the karaoke machine containing illegally reproduced songs along with the tour bus still did not constitute an offense of unauthorized reproduction due to an intent of sale or lease under the Copyright Law. (Taiwan)

2017.12.27 Angela Wu The Intellectual Property Court rendered the 106-Xing-Zhi-Shang-Su-28 Criminal Decision of December 27, 2017 (hereinafter, the “Decision”), holding that since the selling price of the second-hand tour bus only covered the vehicle per se, the transfer of the […]
2018 年 4 月 26 日

Copyright protects the objective forms of expression of works rather than the ideas conveyed by the works (Taiwan)

2018.2.22 Angela Wu The Intellectual Property Court rendered the 106-Min-Zhuan-Shang-25 Civil Decision of February 22, 2018 (hereinafter, the “Decision”), holding that copyright protects objective forms of expression of works rather than the ideas conveyed by the works. According to the […]
2018 年 4 月 26 日

Computer programs are works consisting of a combination of instructions which cause computer hardwire to directly or indirectly produce specific results; the ultimate objectives or functions of suchworks are ideas and thus fall beyond the scope of copyright protection (Taiwan)

2017.12.13 Ankwei Chen The Supreme Court rendered the 106-Tai-Shang-1726 Civil Decision on December 13, 2017 (the “Decision”) in which it held that  that computer programs are works consisting of a combination of instructions which cause computer hardwire to directly or […]
2018 年 4 月 26 日

Measures on Exporting Intellectual Property Rights (Trial Implementation) (Mainland China)

2018.3.18 Joline Chen To thoroughly establish the overall national security philosophy, improve the national security institution and system, maintain national security and major public interests, and regulate the order of exporting intellectual property, the General Office of the State Council […]
2018 年 2 月 28 日

Catalogue of Intellectual Property Rights Supported Major Industries (2018 Edition) (Mainland China)

2018.01.17 Joline Chen To thoroughly establish the key strategic deployments in the “Opinions of the State Council on Building a Powerful Intellectual Property Nation under New Conditions” and “Made in China 2025”, fully utilize the support and protection functions of […]
2018 年 2 月 28 日

Filing Guide for Goods and Services Used for Trademark Registration (Mainland China)

2018.01.02 Joline Chen To thoroughly carry out the Opinions of the State Administration for Industry and Commerce on Vigorously Advancing the Reform in Facilitation of Trademark Registration and provide more convenience to the applicant in filling in the classes and […]
2018 年 1 月 31 日

Concurrent punishment is adopted under Article 13-4 of the Trade Secret Law where the precondition is that the actor shall be penalized because the punishment on the penalized enterprise or organization is dependent by nature (Taiwan)

2017.10.12 Sean Liu The Intellectual Property Court rendered the 106-Xing-Zhi-Shang-Su-29 Criminal Decision of October 12, 2017 (hereinafter, the “Decision”), holding that concurrent punishment is adopted under Article 13-4 of the Trade Secret Law where the precondition is that the actor […]