Problems relating to Trade and Investment on Taiwan
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Inadequate Provisions of Patent Act concerning Indirect Infringement | - Means available to patent holder are restricted to protect against others' manufacture and sales of goods (exclusive parts) used only for manufacture of the patented products, and against manufacture and sales of goods used only for the patent method, due to the absence of the provisions for indirect infringement in the Patent Act. | - It is requested that GOT causes the Patent Act to be amended so that it contains specific provisions concerning indirect infringement equivalent to the Patent Act of Japan, the U.S., etc. | |
| (2) Obligations to submit Priority Certificate in filing Patent Application | - The burden is heavy upon Applicant filing Patent Application under the Paris Convention, as the Applicant must apply for issuance of priority certificate with Japan Patent Office (JPO) and mail the original priority certificate so obtained to Taiwan Intellectual Property Office (TIPO), due to the compulsory submission requirement of priority certificate. In addition, due to the enforcement start in December 2013 of electronic exchange of priority documents, dispatch by postal service of priority certificate is no longer necessarily required. However, use of electronic exchange scheme is quite burdensome, as it requires filing of application by the applicant. However, the applicant's submission of priority document is not necessary among the countries (the U.S., EP, CN, etc.) where Japan Patent Office electronically shares in common patent application information. | - It is requested that TIPO takes steps to: -- obviate the need for submission of priority certificate, the same as other foreign countries, and -- share in common among IP Offices the requisite information (data) necessary for assertion of priority right without the applicant's intervention. |
- Patent Act, Article 28 - ROC Patent Act (Article 29) - Memorandum of Understanding between Japan and ROC on Electronic Exchange of Priority Documents on Patent, etc. (Enforcement began in December 2013) http://www.jpo.go.jp/ tetuzuki/t_tokkyo/ shutsugan/tipo.htm |
| (Action) - On 1 May 2012, Japan-Taiwan Patent Prosecution Highway came into force between Interchange Association (Japan) and East Asia Relations Commission (Taiwan). |
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| (3) Anxiety over Increase in IPRs' Infringements/ Counterfeits due to Introduction of Plain Package Control on Tobacco Products | - GOT envisages introduction of regulations similar to Tobacco Plain Packaging Regulations (TPPR) promulgated in Australia. If introduced, it could materially damage the intrinsic value of the trademark identification capability, the "brand value", the core of business, and damages the sound market competitions. For example, specific concerns include: consumers' purchase of unintended products from the difficulty of distinction and consumers shift to low priced products, barring a new entry into the market, etc. In addition, simplified packages facilitate copying and increased fraudulent manufacture of the counterfeits. (Note) Plain packaging regulations are measures to standardise the configurations, colors, etc. of the tobacco package. More precisely, printing requirement of caution (front 75%, back 90%), largely restricts the space on the package, prohibiting the graphical trademark, etc. of logos, etc., and restricting the fonts used on the trademark and its allowable location. |
- As shown in the left column, TPPR infringes business operators' intellectual property right, and consequently obstructs industrial development through the sound market competition. On the other hand, prevention of juvenile smoking is considered achievable by alternative measures such as education and severer fines and penalties. Therefore, It is requested that GOT implements restrictive measures, positively based on the principle of proportionality. -- GOJ is requested to take positive actions based on the full understanding of the issues pointed out in the left column. |
- Proposed amendment of the Tobacco Hazards Prevention Act |
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