Intellectual Property Epaper


No.118 Publication Date : 2016-06-30
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Latest News

USPTO’s Silicon Valley Office Director John Cabeca visits TIPO

A group of 12 people comprising the USPTO’s Silicon Valley Office Director John Cabeca, AIT Economic Officer Kris Kvols, V&E lawyers, and TIPA’s IPR experts visited TIPO on the afternoon of May 25, 2016 to exchange views on relevant practices, assistance to SMEs, improvements to respective patent regimes, as well as future cooperation….

The 2016 International IPR Conference

The 4th Academic Seminar on Copyright Regimes

Cross-strait exchanges of patent examiners in 2016

Legislative News

TIPO holds a public hearing on TPP-related amendment to the Copyright Act

TIPO News & Events

Workshop on licensing public performance of works used in movies

The 2016 information sessions on trademark laws successfully held

Workshops on copyright practices and case studies in the cultural and creative industry

Campus Awareness

Awareness activities by TIPO’s IPR protection service team

Enforcement

IPR Infringement Cases Processed by NPA in May 2016

The NPA uncovered a total of 446 IPR infringements in May 2016. Of which, 217 are trademark related and 229 are copyright related. Copyright infringements that involved foreign cases include 6 cases involving the U.S. and 5 cases involving Japan.



USPTO’s Silicon Valley Office Director John Cabeca visits TIPO

A group of 12 people comprising the USPTO’s Silicon Valley Office Director John Cabeca, AIT Economic Officer Kris Kvols, V&E lawyers, and TIPA’s IPR experts visited TIPO on the afternoon of May 25, 2016 to exchange views on relevant practices, assistance to SMEs, improvements to respective patent regimes, as well as future cooperation.

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The 2016 International IPR Conference

On May 26, 2016, TIPA and V&E cohosted the 2016 International IPR Conference at NTU’s Tsai Lecture Hall. Director General Wang Mei-hua was invited to address the event and deliver a lecture. Section Chief Shih Wei-ren from Copyright Division reported on “Recent copyright issues in Taiwan in the digital era,” and USPTO’s Silicon Valley Office Director John Cabeca talked about “Recent changes implemented in the USPTO and the significance of the Silicon Valley Office for high technologies, including start-ups.” Over 200 people attended the conference.

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The 4th Academic Seminar on Copyright Regimes

On April 28, 2016, NTU’s Center for Law, Technology and Ethics, TIPA, and IPPA cohosted the 4th Academic Seminar on Copyright Regimes at NTU’s Tsai Lecture Hall. The seminar addressed the changes made in Taiwan and Japan’s copyright regimes for accession to the TPP, the third comprehensive draft amendment to the Copyright Act, whether pornographic films should be protected by the Copyright Act, as well as online copyright infringement cases. TIPO’s Director General Wang Mei-hua was invited to the event to give an overview of Taiwan’s preparation for accession to the TPP.

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Cross-strait exchanges of patent examiners in 2016

A total of five patent examiners from China’s State Intellectual Property Office came to Taiwan to begin a five-day (May 16-20) exchange with their TIPO counterparts.This was the fourth exchange, the examiners used patent applications filed with both offices to discuss prior art search, examination process, and examination results in TIPO and SIPO’s substantive examination. They also shared experiences in assessing inventive step, and review of examination quality. The examiners were appreciative of these exchanges that enabled understanding of each other’s examination practices. The results of discussion can serve as useful reference to patent examination in the future.
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TIPO holds a public hearing on TPP-related amendment to the Copyright Act

On April 29, 2016, TIPO held a public hearing on TPP-related amendment to the Copyright Act. The event addressed extending copyright protection, imposing criminal liability on any person circumventing TPMs, adjusting the scope of crimes indictable without a compliant, protecting encrypted program-carrying signals, and reviewing the protection of performers exercising their right to public transmission or performance reproduced in sound recordings.

To access TIPO’s responses to the views expressed by Chinese Confederation of Entertainment Unions and Recording Industry Foundation in Taiwan, please go to:
http://www.tipo.gov.tw/ct.asp?xItem=591632&ctNode=7127&mp=1

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Workshop on licensing public performance of works used in movies

According to TIPO’s long-held administrative interpretation, economic rights holders may not claim their rights to public performance of elements (i.e. works of music, literature, drama, and dance) used in audiovisual works publicly presented. In the latest draft amendment to the Copyright Act, TIPO re-defined “public performance” (Art. 3(1)8), stipulating that such elements may be publicly performed in public presentation of audiovisual works. This is in consideration of relevant international conventions and legislative trends of other countries. The administrative interpretation will be revised once the amendment is passed.

On the afternoon of May 6, 2016, TIPO held a workshop on licensing public performance of works used in movies to learn how Taiwan’s movie industry would respond to the amendment and how this would affect licensing market and development of the industry. A total of 23 people from the Ministry of Culture, Bureau of Audiovisual and Music Industry Development, CMOs, National Theater Association R.O.C., TACP, as well as up/mid/downstream sectors of the movie industry attended the event. Presentation slides are available at:
http://www.tipo.gov.tw/ct.asp?xItem=548578&CtNode=7752&mp=1

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The 2016 information sessions on trademark laws successfully held

In practice, most trademark registration applications are rejected on grounds of lacking distinctiveness. Regarding this, TIPO on May 24, 2016 began a series of five information sessions in Taipei, Hsinchu, Tainan, Taichung, and Kaohsiung. This year’s topic was examination of trademark distinctiveness, and these sessions introduced relevant regulations and principles for determining distinctiveness. There were also analyses of the most recent cases aimed at improving application quality and examination efficacy. A total of 270 people attended these sessions.

Presentation slides are available at:
http://www.tipo.gov.tw/public/Attachment/66311403676.pdf

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Workshops on copyright practices and case studies in the cultural and creative industry

A series of six workshops slated between June and September 2016 are organized by TIPO to increase the cultural and creative industry’s IPR awareness. These workshops focus on digital publishing, digital content, graphic and text artists (including small office/home office artists), movie, television, and music industries, as well as production and marketing contracts. Many of the industry’s notables and lawyers are invited to share experiences and lecture on relevant copyright regulations. These events are organized to increase cultural and creative practitioners’ understanding of relevant regulations and rights under the Copyright Act. People from the cultural and creative industry and the general public alike are welcome to attend these workshops.

For more information about the time, venue, topics, and online registration of each workshop, please go to:
http://activity.tipo.gov.tw/fp.asp?fpage=cp&xItem=36885&ctNode=817&mp=1

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Awareness activities by TIPO’s IPR protection service team

In May, TIPO’s IPR protection service team formed by scholars and experts visited 23 government agencies, universities, and enterprises using interactive activities to promote IPR awareness to a total of 2,170 people. According to the activities, most universities wanted to know more about copyright on school campuses and related practices. And most enterprises found useful the lectures on trade secret ownerships, patent rights, and trademark rights. Survey shows that over 80% learned more about copyright and understood it is copyright infringement to separately photocopy an entire book. In all, these activities were successful.

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IPR Infringement Cases Processed by NPA in May 2016

The NPA uncovered a total of 446 IPR infringements in May 2016. Of which, 217 are trademark related and 229 are copyright related. Copyright infringements that involved foreign cases include 6 cases involving the U.S. and 5 cases involving Japan.

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for more tipo related news, please see the tipo website.