March 2024
Aaron Chen, Sean Tang, Doris Hsu
Q5: Is the scope of TIPS implementation company-wide? If the company is relatively large, can we initially implement TIPS only in specific departments? How to ensure that all required departments have been included?
A5: The scope of Taiwan Intellectual Property Management (Hereinafter referred to as “TIPS”) implementation is not mandatory for the whole company, but rather determined by the company based on its operational priorities. However, it must include the “primary intellectual property output units” (e.g. research and development units) and “supporting departments” (e.g. I.T., legal, human resources, document management, etc.) (hereinafter collectively referred to as the “Organization”). If the company is relatively large, it is recommended to adopt a phased approach to implementation, gradually expanding the scope on an annual basis. For example, initially, only specific departments or business units are included in the implementation scope, with subsequent years gradually incorporating other units, culminating in the entire company being included in the scope.
Q6: How to choose the subject matters of intellectual property management for TIPS implementation?
A6: When selecting subject matters of intellectual property management, companies should consider their operational focus, aligning it with operational goals, and the attributes of the Organization. For example, companies in the electronics and technology industry may prioritize patents and trade secrets as their subject matters of intellectual property management; service-oriented businesses may focus on trademarks and trade secrets; while cultural and creative industries may emphasize trademarks and copyrights.
Q7: How to form the working group and allocate responsibilities?
A7: After determining the scope and subject matters for TIPS implementation, the next step is to form a working group responsible for coordinating, planning, and executing TIPS. After arranging for the representatives of the working group, the Organization should first conduct a system diagnosis to understand areas where current systems and execution processes need improvement or adjustment. Following this, the Organization can plan the subsequent tasks for TIPS implementation and then assign responsibilities accordingly, determining the primary responsible units and relevant personnel. Once confirmed, a responsibility matrix can be created to facilitate assistance from relevant personnel when executing or reviewing the TIPS in the future.
Q8: Can TIPS be implemented by ourselves? Is legal team assistance required for TIPS implementation?
A8: There are many resources available on the “TIPS Website” for companies to utilize for TIPS self-implementation. However, the TIPS implementation typically takes at least six to nine months. For companies lacking a similar management system previously, it may take one to two years to complete the implementation. The time consuming implementation may result from extensive cross-departmental communications, coordination meetings, document preparations and modifications, and familiarity with TIPS throughout the process. Namely, self-implementation may consume a significant amount of manpower, time, and resources of the company. In contrast, with the guidance of legal team well-versed in TIPS, intellectual property laws, and practical experience, not only can companies implement TIPS in a shorter timeframe, but they can also establish a proactive intellectual property management system to prevent potential risks, yielding greater benefits for the companies.
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