VOL. 13 NO. 10 OCT. 16, 2005 http://www.industry.net.tw http://www.patent.org.tw
ENFORCEMENT
The first annual 2005 Taipei International Invention Show and Technomart garners great success
T
he 2005 Taipei International Invention Show and Technomart took place from September 29th to October 2nd at the Taipei World Trade Center Exhibition Hall. Supervised by the Ministry of Economic Affairs (MOEA), the National Science Council (NSC), the Council of Agriculture (COA), the Ministry of National Defense (MND), and the Ministry of Education (MOE), this exhibition joins two events, the “National Invention and Creation Exhibition”, hosted annually by TIPO (Intellectual Property Office), and the “Taiwan Technomart”, hosted periodically by the Industrial Development Bureau (IDB), into one international exhibition. The exhibition floor held 703 booths, divided mainly into the invention contest and Technomart areas. Aside from enthusiastic local participation, foreign exhibitors from 18 countries and regions, including Japan, Korea, Hong Kong, Singapore, Vietnam, India, Australia, the United States (U.S.), Columbia, Denmark, Germany, England, Spain, Italy, Hungary, Russia, Israel, and Morocco, occupied 63 booths.U
nder the encouragement of diligent and innovative R&D policy-making in recent years, local inventors have been making a name for themselves in major international invention shows, winning major awards at the International Invention and New Product Exposition (INPEX®) show held in Pittsburgh (USA), the International Exhibition of Inventions, New Techniques and Products, in Geneva (Switzerland), and the Nuremberg International Invention Exhibition (IENA) in Germany.T
he Invention Contest includes 540 entries of sports and health, medical and pharmaceutical, electric and electronic, and kitchen and bath implements, from which the host institutions will select gold, silver, and bronze award winners on the basis of innovativeness, technological breakthrough, and marketpotential, to encourage the innovative R&D efforts of foreign and domestic enterprises, as well as individuals. The Award Ceremony will take place in the afternoon of October 1st.
T
echnomart held a display of the fruits of government guidance (by the MND, MOEA, COA, and MOE) of technology R&D in recent years, as well as related award-winning products; it also held concurrent technology-matching seminars for display and peripheral industries, beauty and health care, medical devices, and precision machinery, technology trade agreement signing ceremonies, and the Intellectual Property Valuation & Financing International Seminar; promoting the commercialization of technology through the vast number of products displayed.D
uring the Opening Ceremony, MOEA Vice Minister Ho Ho-Shong stressed, that Taiwan is one of the most technologically competitive countries in the world, according to the latest Swiss Lausanne International Institute for Management Development (IMD) and the World Economic Forum (WEF) global competitiveness report index rankings. This is a clear indication that industrial development, accompanied by the creation and utilization of IPR, will help to further elevate the competitiveness of domestic industry.I
n the Challenge 2008 National Development Plan, the government proposed 3 important measures for the establishment of superior mechanisms for innovation, to gain competitive advantages in the globalized market: the first is to increase technology R&D spending; the second is to more diligently implement major technology projects for the development of the high-tech telecommunications, digital, and nanotech industries; and third is to diligently cultivate well-trained professionals suited to the needs of industrial development and IPR management, which will also serve to promote the close collaboration of industry and higher-education institutions, and solidify the foundations for said training.T
his is a very unique and meaningful exhibition, through which foreign and local inventers and investors can build effectiveworking relationships for the commercialization of inventions and innovation for profit, and take the lead in global technology and economic development.
MEASURES
Extension of loans program for international patent infringement lawsuits one more year to June 30
th, 2006
I
n support of local private industry applications for international patents and other equally indicative legal processes abroad, the MOEA declared, on June 13th, 2005, its intention to extend the implementation period for the “Regulation for Loans Provided to Domestic Businesses Involved in International Patent Infringement Lawsuits” (the Regulations) from a special implementation period of one year (effective from July 1st, 2004 to June 30th, 2005) to June 30th, 2006. Details of the Regulations are:1. Loan candidates must be domestic private enterprises conducting international IPR lawsuits, arbitration, conflict resolution, or provisional seizure abroad; the said enterprise must be financially stable, with a net worth of at least half its actual capital, be in good standing with all banks, and have a normal loan interest repayment record.
2. The purpose of these loans is to provide businesses engaged in patent right lawsuits with funds to cover costs for commissioning professional agencies to conduct patent infringement analysis reports, lawyer fees, court fees, and bonds.
3. The loan amount will be 80% of overall costs incurred up to a maximum of NT$50 million, and the limited loan period is 5 years—however, the examination committee can adjust the loan amount or loan period on a case-by-case basis. The examination committee consists of related agency representatives, scholars, and professionals invited by the MOEA, and its duties are to deliberate loan cases and make suggestions concerning loan limits, loan periods, repayment methods, percentage of credit guarantee, and other items.
F
or Regulations details (Chinese only), see:http://ip.moeasmea.gov.tw/epaper/02-A1.doc
LAWS AND REGULATIONS
The 8
thedition International Classification for Industrial Designs to be used for the categorization of new utility model patents from October 1
st, 2005
O
n September 14th, 2005, TIPO announced the implementation of the 8th edition International Classification for Industrial Designs, and the discontinued use of the 7th edition, for the categorization of new utility model patents, on October 1st, 2005.For unpublished utility patents not categorized by October 1st, 2005, the 7th edition will apply.
F
or Chinese and English comparison charts for the 8th edition International Classification for Industrial Designs, go to:http://www.tipo.gov.tw/service/news/ShowNewsContent.asp?wa ntDate=false&otype=1&postnum=7937&from=board
Revisions of the “Main Points for Advance Notices of Reasons for Disapproving Trademark Applications” to take effect October 7
thO
n October 7th, 2005, TIPO announced the revision and immediate implementation of Article 3, and abolishment of Article 5, of the “Main Points for Advance Notices of Reasons for Disapproving Trademark Applications” Article 3, which originally took effect on January 22nd, 1999, has been revised to read: “the applicant must, within the aforementioned appointed period, present truthfully his opinion, or curtail those products or services that infringe upon existing trademark rights, as well as present evidence in his own interest.”South African officials acknowledge Taiwan’s trademark and patent priority right
A
s South Africa and Taiwan were not WTO or Paris Convention countries concurrently, South Africa did not recognize Taiwan’s priority rights to patent and trademark applications. Official correspondence to TIPO on September 6th, 2005, after the Economic Division of the Taipei Liaison Office in the Republic of South Africa contacted the South Africa Intellectual Property Registration Office, read: “as indicated by the undertaker of the South African law firm Adams & Adams, the South Africa Intellectual Property Registration Office has approved Taiwan’s application for trademark priority rights, and the South African government now recognizes Taiwan’s patent and trademark priority rights.”ENFORCEMENT
Overview of IPR infringement cases under
investigation, final determination, and
enforcement in the first half of 2005
A
ccording to the statistical data provided by the Prosecutors’Office of the Taiwan High Court, the handling of IPR infringement cases in the first half of 2005 is as follows:
1. IPR infringement cases under investigation in the first half of 2005:
i. New investigations number 2,892 cases, 1,141 cases more than the same period in 2004. By category, most convictions concern Copyright Act violations, which number 1,311 cases (45.33% of total), violations of Trademark Act number 1,573 cases (54.39%), and violations of Patent Act number 8 cases (0.28%).
ii. Concluded investigations number 2,572 (3,709 defendants), 202 cases (490 defendants) more than the same period in 2004.
Of the total number of defendants, 1,374 (53.42%) were prosecuted, applied for summary determination, or granted suspended prosecution. Prosecutors made specific penalty requests in 7 (2.23%) of all cases prosecuted. (Please refer to
Chart 1 for details).
2. IPR infringement case verdicts in the course of final determination or enforcement in the first half of 2005:
i. Final determinations cover 1,264 defendants, 267 less than the same period in 2004. Of all defendants, 101 were sentenced to prison terms of more than 1 year, 43 to terms between 6 months to 1 year, 473 to terms of less than 6 months, 355 to detention, and 39 were fined. The conviction rate is 89.39%, a 1.44% increase from the same period in 2004. (Please refer to Chart 2 for details)
ii. Total number of defendants administered penalties number 658, 161 less than the same period in 2004. Of all cases, 563 defendants received prison terms or fines in lieu; 519 (99.62%) of those granted fines in lieu have paid their fines;
2 defendants (0.38%) were denied fines in lieu of prison terms (Please refer to Chart 3 for details).
Chart 1 Overview of IPR Infringement Cases Handled by Local Prosecutorial Agencies in Taiwan
Final Determination
Categories Year New
Cases Total Ordinary Proceedings
Summary Determination
Suspended Prosecution
No
Conviction Others
Indictments with Suggested
Sentence
% of Indictments with Suggested
Sentence
Average Timeframe per
Proceeding (in Days)
Cases 1,751 2,370 260 761 144 866 339 12 4.62% 76.83
2004 1st
Half Defendants 2,295 3,219 343 830 156 1,357 533 - - -
Cases 2,892 2,572 314 833 227 806 392 7 2.23% 76.83
2005 1st
Half Defendants 3,801 3,709 374 956 218 1,401 760 - - -
Cases +1,141 +202 +54 +72 +83 -60 +53 -5 -2.39% -
Total
Comparison
Defendants +1,506 +490 +31 +126 +62 +44 +227 - - -
Cases 812 1,146 163 230 43 524 186 8 4.91% 92.07
2004 1st
Half Defendants 1,160 1,664 218 248 47 850 301 - - -
Cases 1,311 1,168 235 189 50 473 221 7 2.98% 82.4
2005 1st
Half Defendants 1,818 1,636 296 200 56 770 314 - - -
Cases +499 +22 +72 -41 +7 -51 +35 -1 -1.93% -9.67
Violation of Copyright Act
Comparison
Defendants +658 -28 +78 -48 +9 -80 +13 - - -
Cases 928 1,203 97 531 101 321 153 4 4.12% 62.66
2004 1st
Half Defendants 1,120 1,571 125 582 109 470 231 - - -
Cases 1,573 1,397 79 644 177 326 171 - 61
2005 1st
Half Defendants 1,961 2,052 78 756 162 610 446 - - -
Cases +645 +194 -18 +113 +76 +5 +18 -4 -4.12% -1.67
Violation of Trademark Act
Comparison
Defendants +841 +535 -47 +174 +53 +140 +215 - - -
Cases 11 21 - - - 21 - - - 80.68
2004 1st
Half Defendants 15 38 - - - 37 1 - - -
Cases 8 7 - - - 7 - - - 18.71
2005 1st
Half Defendants 22 21 - - - 21 - - - -
Cases -3 -14 -2 - - -14 -33 - - -61.97
Violation of Patent Act
Comparison
Defendants +7 -17 - - - -16 -1 - - -
Note: 1. All data includes natural and legal persons 2. Indictments With Suggested Sentence % = (Indictments with Suggested Sentence / Ordinary Proceedings) x 100%
3. Calculations for Average Timeframe per Proceeding (in Days) does not include legal persons
Chart 2 Overview of IPR Infringement Cases Under Final Determination
Outcome of legal proceedings and the number of defendants convicted Convicted
Category Year Total
Subtotal Less than 6m.
More than 6m, less than 1y
More than 1y, less
than 2y
More than 2y, less than 3 y
More than 3y, less than 5 y
More than
5y Detention Fines Acquitted Conviction rate Others
Total 2004 1st
Half 1,531 1,190 530 50 152 12 4 1 395 46 163 87.95% 178
2005 1st
Half 1,264 1,011 473 43 90 11 - - 355 39 120 89.39% 133
Comparison -267 -179 -57 -7 -62 -1 -4 -1 -40 -7 -43 +1.44% -45
2004 1st
Half 781 508 247 39 152 12 4 1 34 19 108 82.47% 165
2005 1st
Half 539 348 166 31 89 10 - - 42 10 86 80.18% 105
Violation of Copyright
Act
Comparison -242 -160 -81 -8 -63 -2 -4 -1 +8 -9 -22 -2.29% -60
2004 1st
Half 745 682 283 11 - - - - 361 27 51 93.04% 12
2005 1st
Half 722 663 307 12 1 1 - - 313 29 34 95.12% 25
Violation of Trademark
Act
Comparison -23 -19 +24 +1 +1 +1 - - -48 +2 -17 +2.08% +13
2004 1st
Half 5 - - - - - - - - - 4 - 1
2005 1st
Half 3 - - - - - - - - - - 3
Violation of Patent Act
Comparison -2 - - - - - - - - - -4 +2
Note: 1. All data includes natural and legal persons 2. Conviction Rate =【Convicted defendants / (Convicted defendants + Acquitted defendants)】×100%
Chart 3 Overview of IPR Infringement Conviction Enforcement Status
Timed Sentences and Detentions Fine in lieu of timed sentence or detention Category Year Total Less than 6m, may
not in lieu of a fine Subtotal
Fine in lieu of imprisonment
or detention
allowed
Fine in lieu of imprisonment
or detention
NOT allowed
Not applied Others
Fines More than 6m
Percentage of
“fine in lieu of imprisonment or detention”
allowed
Percentage of
“fine in lieu of imprisonment or detention”
not allowed
2004 1st
Half Defendants 819 2 699 630 3 63 3 21 97 99.53% 0.47%
2005 1st
Half Defendants 658 1 563 519 2 38 4 32 62 99.62% 0.38%
Total
Comparison Defendants -161 -1 -136 -111 -1 -25 +1 +11 -35 +0.09% -0.09%
2004 1st
Half Defendants 316 1 224 181 2 40 1 1 90 98.91% 1.09%
2005 1st
Half Defendants 189 - 132 113 - 16 3 8 49 100% 0
Violation of Copyright Act
Comparison Defendants -127 -1 -92 -18 -2 -13 -5 - -12 +1.09% -1.09%
2004 1st
Half Defendants 503 1 475 449 1 23 2 20 7 99.78% 0.22%
2005 1st
Half Defendants 469 1 431 406 2 22 1 24 13 99.51% 0.49%
Violation of Trademark Act
Comparison Defendants -34 - -44 -43 +1 -1 -1 +4 +6 -0.27% +0.27%
2004 1st
Half Defendants - - - - - -
2005 1st
Half Defendants - - - - - - - - - - -
Violation of Patent Act
Comparison Defendants - - - - - - - - - -
Note: 1. “Fine in lieu of imprisonment or detention” allowed % =【“fine in lieu of imprisonment or detention” allowed / (“fine in lieu of imprisonment or detention” allowed +“fine in lieu of imprisonment or detention” NOT allowed)】×100%
2. “Fine in lieu of imprisonment or detention” NOT allowed % =【“fine in lieu of imprisonment or detention” NOT allowed / (“fine in lieu of imprisonment or detention” allowed +“fine in lieu of imprisonment or detention” NOT allowed) 】×100%
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.
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