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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

2019.4.16 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, […]

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 […]

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 […]

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 […]

2018.10.1 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, […]

2018.7.26 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 […]

2018.8.2 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 […]

2018.3.19 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 […]

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 […]

2018.2.22 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 […]

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 […]

2018.3.18 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 […]

2018.01.17 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 […]

2018.01.02 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 […]

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 […]

2017.11.9 Luke Hung The Intellectual Property Court rendered the 106-Min-Zhua-Shang-14 Civil Decision of November 9, 2017 (hereinafter, the “Decision”), holding that ideas and concepts, which are public domain by nature, are not protected under the Copyright Law. According to the […]

2017.11.4 Joyce Wen The Standing Committee of the 12th Term National People’s Congress adopted the new version of the Anti-unfair Competition Law (the “New Law”) during its 30th meeting on November 4, 2017.  The New Law overhauled the current Anti-unfair […]

2017.11.14 Joyce Wen For carrying out the deployment of the trademark and brand strategies under the State Council’s Plan for Market Regulation during the 13th Five-Year Plan Period, further enhance the quality and efficiency of trademark examination, as well as […]