May 2024
Taiwan Fair Trade Commission 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
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.
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.
