May 2024
Aaron Chen and Vincent Kuo
Taiwan’s Fair Trade Commission (hereinafter “the FTC”) amended the Fair Trade Commission Disposal Directions on the Reviewing of Cases Involving Enterprises Issuing Warning Letters for Infringement on Copyright, Trademark, and Patent Rights (hereinafter “the Directions”) on March 29, 2024. The following is a brief introduction to the amendment:
1. The amendment this time mainly focuses on utility model patents. The amended Directions stipulate that when the utility model patentee notifies manufacturers, importers, or agents who may be infringing, requesting exclusion of infringement or issuing a warning letter, they should also provide the technical evaluation report of the utility model patent at the same time.
2. An enterprise issuing warning letters, notifying potential infringement of copyrights, trademarks or patents in electronic manner is also subject to the Directions.
3. An enterprise exercising its copyright by issuing a warning letter must not only go through mediation by the Copyright Regulatory and Mediation Board of the Intellectual Property Office, but also seek court verification of the copyright infringement.
The contents of all materials (Content) available on the website belong to and remain with Lee, Tsai & Partners. All rights are reserved by Lee, Tsai & Partners, and the Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior permission of Lee, Tsai & Partners.
The Content is for informational purposes only and is not offered as legal or professional advice on any particular issue or case. The Content may not reflect the most current legal and regulatory developments. Lee, Tsai & Partners and the editors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The contributing authors’ opinions do not represent the position of Lee, Tsai & Partners. If the reader has any suggestions or questions, please do not hesitate to contact Lee, Tsai & Partners.