The main contents of the passed articles in this amendment are as follows: The introduced amendments include the implementation of an accelerated review mechanism, the establishment of a trademark agent management system, and the clarification of situations where descriptive and fair use does not constitute infringement concerns. With the new law in effect, trademark applicationContinue reading “【IP NEWS】Accelerated Examination！？The partial amendment to the Trademark Law was passed through the third reading on May 9, 2023”
Author Archives: 總承
Trademark Disclaimers
Trademark disclaimers a specific statements used to indicate that certain elements within a trademark, such as text, imagery, or symbols, are not claimed to be the exclusive property of the trademark applicant or holder. The disclaimer is typically used in cases where a trademark includes commonly used or descriptive words, phrases, or symbols. If aContinue reading “Trademark Disclaimers”
The exclusion of patent infringement is based on the objective presence of factual infringement.
Judgment Number: Intellectual Property Court Civil Judgment No. 47 of the Year 100Judgment Date: April 26, 101 (2011)Contested Patent: Utility Model Patent No. M333949 “Automatic Brush Sweeper Device”Relevant Legal Provisions: Taiwan Patent Law Article 57, Article 84, and Article 85; Intellectual Property Case Adjudication Rules Article 33, Paragraph 2; Civil Procedure Code Article 447, ParagraphContinue reading “The exclusion of patent infringement is based on the objective presence of factual infringement.”
Defining Well-Known Trademarks by the Taiwan Supreme Court
The Supreme Court defines a famous trademark primarily based on its widespread recognition and exceptional distinctiveness in both commercial and public perception. A famous trademark typically holds a unique status that surpasses that of ordinary goods or services, possessing a reputation and identification far beyond that of other general trademarks. The Supreme Court generally evaluatesContinue reading “Defining Well-Known Trademarks by the Taiwan Supreme Court”
ChatGPT Copyright: Does using AI to generate articles infringe copyright?
CHEN operates a blog and wishes to use the ChatGPT chatbot to generate articles in order to increase blog traffic and earn more advertising or sponsorship revenue. Some people may question whether using ChatGPT to generate articles would infringe copyright. In fact, this depends on the content of the generated articles and whether there isContinue reading “ChatGPT Copyright: Does using AI to generate articles infringe copyright?”
How to calculate compensation for trademark infringement in Taiwan?
When trademark rights are infringed upon, calculating the amount of damages is a complex process. This involves assessing direct economic losses, potential loss of profits, and how the value and reputation of the trademark are affected. In addition to actual financial losses, considerations may extend to damage to the brand and loss of market position.Continue reading “How to calculate compensation for trademark infringement in Taiwan?”
【IP NEWS】The European Unitary Patent System will come into effect on June 1, 2023.
The Unitary Patent System has officially come into effect. The European Patent Convention (EPC) has been a cornerstone of development, competitiveness, and economic growth in Sweden and Europe for nearly 50 years. To further enhance Sweden’s and Europe’s innovation competitiveness, the Unitary Patent System will officially come into effect on June 1, 2023, marking aContinue reading “【IP NEWS】The European Unitary Patent System will come into effect on June 1, 2023.”
【IP NEWS】The patent and trademark electronic certificate service will be implemented in 2023.
The implementation of this service will bring many conveniences, including faster certificate issuance, the reliability and convenience of electronic documents, and a more environmentally friendly document processing method. This will have a positive impact on patent and trademark holders, as well as intellectual property application and management organizations, by improving efficiency and convenience. This moveContinue reading “【IP NEWS】The patent and trademark electronic certificate service will be implemented in 2023.”
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