International Activities
Director General of Taiwan Intellectual Property Office (TIPO), Ms. WANG Mei-hua came JIPA
On September 9, 2009, JIPA received a visit from TIPO’s Director General Ms. Wang. She came to JIPA to seize the opportunity to visit Japan for giving a lecture at Taiwanese IP system seminar organized by Interchange Association, Japan. Mr. Nakayama (Executive managing Director), Mr. Yoshihara (East Asia Working Group Leader of Strategy to Asia Project), and JIPA staff attended the opinion exchange.
Mr. Nakayama showed JIPA’s appreciation for her effort reflecting JIPA’s request in the amendment of the Taiwanese Patent Law.
JIPA’s requests are;
1) Introduce partial design system
2) Add “distribution of publication” to the disclosure for Exception to lack of novelty of invention
3) Maintain application in foreign language
4) Relax the requirements for microorganism deposit system
5) Relax the restriction of timing for divisional application
In addition, we could hear the Taiwanese current situation about details of amendments for Patent law and Trademark law, progress in revision draft of implementing regulations, and patent examination delay.
Ms. Wang expressed gratitude for JIPA’s contribution to the revision. She told that JIPA’s lots of constructive advice about the amendment of patent law and trademark law served a good reference in making new laws. Following her comments, JIPA promised that we continuously submit opinions on Taiwanese law amendment. We reaffirmed the importance of building mutual trust and understanding.
This year’s revision is almost total reform. The amendment bill of the patent law is going to be deliberated at The Legislative Yuan Republic of China (equivalent for Diet). This of Trademark law is now in the final adjustment in TIPO and waits for submitting at the Legislative Yuan Republic of China. Please note that these laws may change the contents.
The major revision points of Patent Law
1) Introduce partial design system
2) Add “distribution of publication” to the disclosure Exception to lack of novelty of invention
3) Maintain application in foreign language ( Targeting languages should be regulated in the rules of practice)
4) Relax the requirements for microorganism deposit system (Deposition
to the designated organization in
Taiwan was necessary by existing law, but under the revised law, deposition to the foreign organization in
the mutual recognized countries will be enabled)
5) Relax the restriction of timing for divisional application (Divisional
Application after receiving a notice of
grant a patent in an Examination procedure will be admitted.)
6) Others
i: Introduce the final notification of reason for refusal system and regulation
of limitation in amendments
accordingly
ii: Introduce Bolar Provision
iii: Clarify international exhaustion (The admission of the parallel import)
iv: Review compulsory license
v: Open animals and plants patent
The major revision points of Trademark Law
1) Define Trademark as distinctive sign. Movement, hologram, and smell are also protected as a kind of
Trademark
2) Abolish the regulation to affixture the licensee mark on goods
3) Others
i: Change the period of response against office action from legal period (30 days) to designated period
ii: Abolish installment payments of registration fees', 'On September 9,
2009, JIPA received a visit from TIPO’
s Director General Ms. Wang. She came to JIPA to seize the opportunity
to visit Japan for giving a lecture
at Taiwanese IP system seminar organized by Interchange Association, Japan. Mr. Nakayama (Executive
managing Director), Mr. Yoshihara (Working Group Leader of Strategy to
Asia Project), and JIPA staff
attended the opinion exchange.
