IP Instructors Training Program officially under way!

VOL. 13 NO. 12 DEC. 16, 2005 http://www.industry.net.tw http://www.patent.org.tw

 ENFORCEMENT 

IP Instructors Training Program officially under way!

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he Taiwan Intellectual Property Training Academy (TIPA), headed by the Ministry of Economic Affairs (MOEA) Intellectual Property Office (TIPO), held the IP Instructors Training Program opening ceremony on November 19^th, 2005.

TIPO points out, that not only does this officially declare the beginning of professional IPR training in Taiwan, it also demonstrates government conviction to domestic IPR development.

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ince its establishment in June 2005, the TIPA office curriculum planning and educational material design teams, composed of professionals from the industry, government, academic, and research sectors, have compiled 40 IPR training texts. The TIPA-organized selection committee is composed of representatives from the Chinese National Federation of Industries (CNFI), National Taipei University of Technology (NTUT), Shih Hsin University (SHU), the National Taiwan University Innovation Incubation Center Portal of University Resources, Inc. (Portal), the Chung-Shan Institute of Science &

Technology, the Tsing Hua University Tze-Chiang Foundation of Science & Technology, the National Yunlin University of Science and Technology (YunTech), the National Cheng Kung

University (NCKU) Research and Development Foundation, and the National Kaohsiung First University of Science and Technology (NKFUST) ; also, adhering to the principle that training should be to the purpose of practice, 150-plus IPR industry workers have been selected per the recommendation of the aforementioned organizations.

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he IP Instructor Training Program includes 6 different courses;

training instructors in practical patent application processes, practical patent engineering, patent infringement examination, the IPR legal system, IPR lawsuits, and IPR management.

Average class time per course is 50 hours; intensive training sessions begin on November 19^th, 2005, and end in mid-March 2006.

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s qualified candidates will become instructors in the IP Professionals Training Program following training, TIPO is especially interested in their professional backgrounds. The 150-plus instructor candidates are mainly professionals with IPR backgrounds from a variety of different sectors, including college and university professors, patent engineers, IPR department chiefs, lawyers, and patent and trademark representatives, who will help elevate the quality of IP training whilst promoting the systematic training mechanism.

 LAWS & REGULATIONS 

Tamiflu compulsory patent licensing examination meeting

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n response to the appearance of the avian flu, and according to Patent Act Article 76 regulations, the Executive Yuan Ministry of Health (MOH) filed an application for the compulsory licensing of patent rights for Tamiflu with TIPO on October 31^st, 2005; a case that has become the focus of much discussion. On November 18^th, 2005, examination results of the advisory committee, composed of TIPO, industry professionals, and academics, revealed that as both parties were willing to mediate a voluntary licensing, 1 week was granted for further negotiations. The second examination meeting will take place on November 25^th, 2005.

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he rights holder in this case, Roche Pharmaceuticals, declares it will provide, in installments, enough Tamiflu for 10% of the total population of Taiwan (2.3 million doses) by the end of June 2006; however, the MOH is concerned that Roche may be unable to manufacture enough medication in the event of an outbreak, and therefore still wishes to obtain a compulsory patent license.

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fter hearing the detailed claims of both parties, and holding extensive discussions, the advisory committee has decided to issue a conditional compulsory patent license, in consideration of rights holder interests and national disease prevention.

Details of the conditional license are: the compulsory license is authorized for domestic viral defense only, and will expire on December 31^st, 2007; pharmaceutical products manufactured under compulsory license may only be used upon supply insufficiency of Tamiflu or its ingredients from Roche; should

an authorization agreement be reached in the intervening time, the compulsory license can be revoked; the committee expects the two parties to negotiate an indemnity as soon as possible.

Music copyright holders make a declaration to internet and mobile phone businesses

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o facilitate the complete rights authorization process for internet and mobile phone music download service providers, the Music Copyright Intermediary Society of Chinese Taipei (MÜST), with members Warner, Sony BMG, Summery Music Publishing, CMP, Sony, EMI, Peermusic Taiwan, Red Mo.

Music, and other related music record companies, have set up a joint authorization window. Through MÜST, businesses interested in the public performance of musical works (including performance groups, concerts, instrumental performances, or copyrighted music being played over loud speakers in a public area), public broadcasting (including television stations, broadcast radio and music shows, or music broadcast, played, or sung in commercials), or unlimited public transmissions (including automatic or click-to-play webpage background music, internet music sample downloads, or mobile phone ring tone downloads employed by telecommunications businesses) can inquire into the authorization process for public broadcasting, transmission, and performance.

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he MÜST declares, that any unauthorized replication, dissemination, or public transmission of musical works will be subject to related civil and criminal responsibilities.

Aforementioned infringement activities include the unauthorized downloading of audio files, music videos, mobile phone ring tones, and mobile response or original music files using the

internet or mobile phones.

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he MÜST adds, that although rights holders of original sound recordings authorize use of their works to service providers, those works may contain other independently copyrighted materials, which will need to be authorized separately for legal usage.

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bove materials taken from:

http://www.taiwanlaw.com/e.php?week=2&article=2

 Measures 

IPR securitization products to be released in 2006

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he MOEA Small and Medium Enterprise Administration (SMEA) and the Executive Yuan Financial Supervisory Commission (FSC) recently came to a consensus regarding the implementation of a trial case for securitization products for corporate IPR financing, and plan to use the high-risk credit guarantee for credit guarantee funds to decrease the operational and investment risk assumed by securitization trustee institutions and investors. Two banks are currently competing to be the founding organization for said securitization products, which will hopefully be released in 2006.

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PR finances refer to the funds designated as collateral by SME for patent, trademark, copyright and other intangible assets. In recent years, government agencies have been assisting businesses with using IPR as collateral for financing, and with the commercialization of R&D technology using sufficient

capital. However, as IPR financing does not offer much of an exit strategy, many financial institutions will not offer related loans even with abundant government incentive. To amend this situation, the SMEA and FSC have been utilizing credit guarantee funds and other resources to push for a mechanism for corporate IPR financing securitization products, so as to establish a secondary IPR trading market.

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ollowing SMEA and FSC negotiations, the FSC has agreed to negotiate with one financial institution—the originator of corporate IPR securitization—to set aside NT$ 2 to 5 billion for specialty IPR loans,.

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ccording to Article 5, Paragraph 1 regulations of the Financial Asset Securitization Act, “After the approval from or an effective registration with the competent authority pursuant to Article 9, Paragraph 1 or Article 73, Paragraph 1 hereof and prior to the entrustment or the transfer of the Assets, the Originator shall make announcements of the variety, quantity, and content of the major Assets entrusted to the Trustee or transferred to the SPC (special purpose company) in accordance with the provisions of this Act for three consecutive days in the daily local newspapers circulated at the place of its principal office or in other ways prescribed by the competent authority.”

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MEA and FSC efforts to provide resources for generating a trial case have given rise to word that a domestically owned and a Japanese-owned bank are competing for the opportunity to be the originator in the trial scenario. Market professionals predict that the market for this new product will be worth over NT$ 10 billion. With barely three years’ history, domestic asset securitization market related products are nevertheless daily

becoming more multi-faceted, and trading is abundant; it is no wonder that banks would be interested in cultivating this market.

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ccording to Originator estimates, applying an 8% loan rate to total securitized assets in the amount of NT$ 6 billion will yield an interest income in excess of NT$ 1 billion over a 5-year loan period. In other words, not only will the originator and trustee institutions profit from the release of this new product, banks providing IPR as collateral financing loans with will also benefit greatly.

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bove materials taken from the Preston Gates Ellis Taiwan Commercial Law Offices ePaper, at:

http://www.tclo.com.tw/epaper/epaper_list.asp

The IPO to provide trademark rights renewal notice service

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o protect the interest of trademark right holders, TIPO will provide the trademark rights renewal notice service, to remind rights holders to register for trademark rights renewal prior to expiry.

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IPO indicates, rights holders who wish to continue using their registered trademark can file for trademark rights renewal registration. The application period for renewal is 6 months prior

to and 6 months following the trademark expiration date; fees for requests filed in the 6 months prior to expiry will be NT$4,000, and NT$8,000 for requests filed in the 6 months following expiry; trademarks rights not renewed within the legal filing period will be revoked .

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rom December 2005, the TIPO website

(http://www.tipo.gov.tw) will begin listing related information for trademarks nearing expiry for public inquiry. Rights holder or representatives whose trademarks are not yet granted renewal 2 months prior to expiry will be notified by either letter or email.

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IPO emphasizes that the nature of this service is public service, not official duty, and predicts that, as alterations to trademark-related information will be inevitable a decade following the original filing date, a portion of notices will be undeliverable. Rights holders cannot use failure to receive notice to contest any part of the renewal process; to protect their own interests, TIPO reminds rights holders to pay attention to the expiration date of their trademarks, and to notify TIPO whenever contact details change.

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or inquiries, please contact TIPO at: (02)2376-7500 and (02)2376-7570。

TAIWAN IPR NEWS

PUBLISHER／JEN-SHYONG HO PUBLISHING AGENCY／

EDITOR-IN-CHIEF／YEA-KANG WANG INTELLECTUAL PROPERTY PROTECTION COMMITTEE, DEPUTY EDITOR-IN-CHIEF／JOSEPH C. CHEN CHINESE NATIONAL FEDERATION OF INDUSTRIES EDITORS／FRANCK LIN•ANFERY HSU ADDRESS／12TH FL., 390, FU HSING S. RD., SEC. 1, TRANSLATOR／ELLEN R. WIEMAN TAIPEI, TAIWAN, R.O.C.

TEL／886-2-27033500 FAX／886-2-27042477 E-MAIL／intell@cnfi.org.tw

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THE GOVERNMENT INFORMATION OFFICE AND THE INTELLECTUAL PROPERTY OFFICE, MOEA