VOL. 16
NO. 11
NOV. 16, 2008
http://www.industry.net.tw
http://www.patent.org.tw
ENFORCEMENT
TIPO Grants The First Patent Attorney Certification.
Patent attorneys may receive formal certifications to
practice in Taiwan. The Intellectual Property Office of the Ministry of Economic Affairs presented the formal certification to the first group of licensed patent attorneys in Taiwan on October 24, 2008, introducing a new era in the patent representation system in Taiwan. The 47 new patent attorneys were previously licensed patent agents with practice experience and qualified for exam exemption as well as successfully completed the one-month professional course in August this year before receiving the certification.
management system for patent attorneys, the Intellectual Property Office plans to announce the guidelines regarding pre-qualification training A procedures and proper disciplinary behaviors.
Patent Attorney Disciplinary Committee will be established to handle disciplinary matters for patent attorneys. Additionally, an autonomous Patent Attorneys Association will also be formed to represent licensed patent attorneys in Taiwan.
The Intellectual Property Office also indicated that
after the results are announced in mid. November, the Office would hold a discussion meeting with the Ministry of Examination to review the difficulty and fairness of the examination subjects for the Patent Attorney Eligibility Examination.
According to the regulations of the Patent Attorney
Act effective January 11, 2008, a person may receive a license to practice as a patent attorney in Taiwan by passing the Patent Attorney Eligibility Examination, or by applying for an exemption to the exam and successfully completing a professional training course. 24. The Examination Yuan held the first Patent Attorney Eligibility Examination on August 23 and Results are expected in mid. November.
ENFORCEMENT
Look For Proof of Origin Mark and DNA Anti-counterfeiting Tag When Purchasing A-Li Mountain Tea.
In order to prevent A-Li mountain tea to be affected
by consumer concerns arising from poison milk and milk powder as well as other poison food in China, Agricultural Commission in Chia-yi County held a press conference in Beijing, China on September 27, 2008 to protect the interests of A-Li mountain tea
In order to provide a more comprehensive
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farmers, emphasizing that certified A-Li high mountain tea has anti-counterfeiting measures, such as DNA and proof of origin marks.
mark is granted.
The quality of the A-Li high
mountain leaf with the proof of origin mark is guaranteed by the County government.
The well-known Taiwan A-Li mountain tea has been
constantly counterfeited with cheap and low quality tea. Since the trademarks of origin name, such as Taiwan A-Li mountain, Sun Moon Lake, and Li mountain, were squatted in China in 2006, the Intellectual Agriculture, Property and Office, the Council of relevant County government
The proof of origin mark sticker of “A-Li high
mountain tea” is similar to bank notes in that it is specially printed with serial numbers and watermarks. Looking at the County mark at different angles will produce a visual effect of interchanging dark and light colors. The sticker may be felt with concave and convex effect by hands and is designed with a knife mold that may not be reused.
agencies have coordinated with each other and decided to protect these agricultural products by labeling the products with proof of origin marks.
ENFORCEMENT
Chia-yi County is situated on the Tropic of Cancer.
Tea production areas in the mountains are covered by clouds during days and nights, producing the world’s best tea leafs. In order to assist in establishing the brand name of A-Li high mountain tea, the Chia-yi County government officially named the tea produced in these tea areas as “A-Li high mountain tea” in 2003, and adopted common packaging with DNA anti-counterfeiting tags in tea competitions. The proof of origin mark is obtained from the Intellectual Property Office so as to further protect the interests of the tea farmers.
“Creativity Has No Boundary - Speak Up in Blog” Seminar Held to Protect Intellectual Property Rights.
According to the 2007 Digital Divine Survey Report
published by the Research Development and Evaluation Commission of the Executive Yuan on January 7, 2008, there are over 70 million blogs in the world, and more than 13 million people with access to the Internet in Taiwan, 30% of which has a personal blog and over 74% of which has navigated others’ blogs. Blogging is certainly the most popular activity on the Internet.
The Chia-yi County government has been actively
promoting the recognition of the proof of origin mark since 2007. Tea leafs labeled with the proof of origin mark, “A-Li high mountain tea,” must pass audits on tea farm management, record of historical production, sanitation in tea factory, tea leaf quality management, and testing on pesticides remained on tea leafs. A contract with the County government also needs to be signed before the proof of original
According to the IPR police inspection case analysis,
the IPR police uncovered 342 cases of copyright infringements on blogs between January and August 2008, weighing 41% of the 842 cases of copyright infringements on the Internet. increased by 19%. Compared to 287 cases in 2007, the infringement cases have been A majority of blog users does not seem to realize the possibility of violating the
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laws when sharing and downloading others’ music or videos on the Internet as well as how to correctly utilize blog resources.
In order to ensure the safety and effectiveness of
pharmaceuticals and agrichemicals, relevant laws stipulate that approvals from the Department of Health and the Council of Agriculture must be secured first before the pharmaceuticals and agrichemicals may be sold in the market. Such regulations cause delay in practicing patent rights, and thus Article 52 of the Patent Act stipulates that in the case of invention patents covering pharmaceuticals, agrichemicals, or processes for preparing the same, a patentee may apply for an extension of his/her patent term for two to five years, if, pursuant to other acts or regulations, a prior government approval must be secured to practice such patents, for which the processing exceeds two years after the publication of the patents. are limited to invention patents The subject matters subject to such patent term extension covering pharmaceuticals, agrichemicals, and processes for preparing the same.
In view of the rise in blog culture, the Intellectual
Property Office of the Ministry of Economic Affairs invited PC home and 4 major blog platforms, namely wretch, yam, Xuite.net, and PIXNET, to hold the “Creativity has no boundary – Speak up in Blog” seminar on September 16, 2008 so as to enhance the awareness of copyrights on the Internet as well as to protect intellectual property rights. The seminar will not only hold ceremony to declare copyright protection, but also allow the 4 major blog platforms to share their ways in participating the various activities in this promotional event. Well-known bloggers will also be invited to speak up for copyright protection, discuss their experiences in making creations and their ideas on copyright protection as well as exchange these experiences with the audience.
Patent term extension was newly added to the To promote the theme of this event, the 4 major
blog platforms each plans an activity that may be found on the following websites. activities at www.copyright.net.tw. 1. www.wretch.cc/blog/WretchTIPO; 2. campaign.yam.com/2008/copyright/; 3. blog.xuite.net/wamsn/tipo; and 4. www.pixnet.net The Intellectual Property Office is also holding relevant promotional amendment to the Patent Act in 1994. the number of In view of applications for patent term
extension increases, the Intellectual Property Office is currently reviewing Chapter 8 – Patent Term Extension in Volume 2 – Substantive Patent Examination of the Patent Examination Guidelines. The draft amendment has been discussed in a public hearing held on October 16, 2008, and general consents met for all sectors. The amendment will be announced and effective shortly.
LAWS & REGULATIONS
Amendment to the Examination Guidelines on Patent Term Extension.
The Examination Guidelines explain relevant issues
regarding patent term extension. The pharmaceuticals in the Examination Guidelines refer to the materials or compounds used for diagnosing,
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treating, reducing, or prevent human diseases or others that may affect the structure and physiological function of a human body. The agrichemicals refer to the materials or compounds used for preventing biology harmful to agricultural products, for adjusting the growth thereof, or for affecting the physiology thereof. The term “purpose” of use indicated on the certification refers to the indication on the medicine certification in pharmaceuticals, whereas the term “purpose” of use indicated on the certification refers to the usage and scope of use indicated on the agrichemical certification.
For each invention patent, a patentee may only
extend the patent term once. The basis for the certification for the patent term extension needs to be the first certification obtained for practicing the patent rights for pharmaceuticals, agrichemicals, or manufacturing method. As for those applying for
the patent term extension based on the testing period in a foreign country, if the patent term extension is applied in the manufacturing country, documents proving such patent term extension approved by the relevant agency in the If the
manufacturing country are to be produced.
The draft stipulates that in the invention patents
where the subject matter is an object, the scope of right to extend the patent term is limited to the particular object and the purpose of use
patent term extension is not applied in the manufacturing country, documents proving the testing period by the relevant agency, such as the testing agencies in compliance with international standards, are to be produced.
corresponding to the active ingredients listed in the first certification. In the invention patents where
the subject matter is an application, the right to extend the patent term is limited to the particular application of the active ingredient listed in the certification. In the invention patents where the
The draft amendment also explicitly regulates on the
following subjects: the determination criteria for “the first certification,” the adoption and limitation of pharmaceutical tests, documents to be submitted for applying for patent term extension for agrichemicals, determination of starting date of agrichemical testings, and calculation method for adopting the time needed to obtain certification.
subject matter is a manufacturing method, the scope of right to extent the patent term is limited to the particular method of the active ingredient listed in the manufacturing certification.
TAIWAN IPR NEWS
PUBLISHER PRESTON W. CHEN EDITOR-IN-CHIEF LIEN-SHENG TSAI DEPUTY EDITOR-IN-CHIEF JOSEPH C. CHEN EDITORS FRANCK LIN‧ANFERY HSU‧WAN-LIN CHANG TRANSLATOR SUZY SHOUNG PUBLISHING AGENCY INTELLECTUAL PROPERTY COMMITTEE, CHINESE NATIONAL FEDERATION OF INDUSTRIES ADDRESS 12TH FL., 390, FU HSING S. RD., SEC. 1, TAIPEI, TAIWAN, R.O.C. TEL 886-2-27033500 FAX 886-2-27042477 E-MAIL intell@cnfi.org.tw
THIS PUBLICATION IS FUNDED BY THE GOVERNMENT INFORMATION OFFICE AND THE INTELLECTUAL PROPERTY OFFICE, MOEA
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