Industrial Designs Law in Taiwan
In Taiwan, industrial design protection is governed by the Patent Act, administered by the Taiwan Intellectual Property Office (TIPO). The legal framework offers comprehensive protection for the visual appearance of products, including shapes, patterns, colors, and combinations thereof.
🛡️ Legal Framework
Governing Legislation: Patent Act (as amended)
Governing Authority: Taiwan Intellectual Property Office (TIPO)
International Treaties: Taiwan is not a member of the Paris Convention or the Hague Agreement. However, it grants design protection to foreign applicants based on the principle of reciprocity.
📝 Protection Criteria
To qualify for protection under the Patent Act, an industrial design must meet the following criteria:
Novelty: The design must be new and not have been publicly disclosed prior to the filing date. A 12-month grace period is provided for disclosures made by the applicant.
Industrial Applicability: The design must be capable of being used in industry.
Visual Appeal: The design must be aesthetically pleasing and not dictated solely by technical function.
Exclusions: Designs that are purely functional, fine arts, layouts of integrated circuits, or contrary to public order or morality are not eligible for protection.
📄 Registration Process
The process to register an industrial design in Taiwan involves the following steps:
Preparation: Ensure the design meets the protection criteria and prepare representations of the design.
Application: Submit an application to TIPO, including:
A completed application form.
Representations of the design (drawings or photographs).
A brief description of the design's features.
The appropriate class and sub-class under the Locarno Classification.
The application fee
Examination: TIPO examines the application to ensure compliance with formal requirements and checks whether the design meets the criteria of novelty and industrial applicability.
Publication: If the application complies with the requirements, the design is published, allowing third parties a 90-day period to file any objections.
Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered, and a certificate of registration is issued.
📅 Duration and Renewal
Initial Protection: The protection period for a registered industrial design is 15 years from the filing date.
Renewal: The protection can be renewed annually.
Renewal Grace Period: A 6-month grace period is provided for late payment of renewal fees, subject to a surcharge.
⚖️ Enforcement and Legal Remedies
In case of infringement, the owner of a registered industrial design has the exclusive right to prevent unauthorized use. Legal actions can be initiated through the Civil Courts of Taiwan, and remedies may include:
Injunctions: To stop the infringing activity.
Damages: Compensation for losses suffered due to the infringement.
Seizure of Infringing Goods: Through customs authorities, which have the authority to seize suspected counterfeit goods.
🌐 International Protection
As Taiwan is not a member of the Hague Agreement, designers seeking protection in multiple countries may consider filing individual applications in each jurisdiction or utilizing the Hague System for international design registrations, if applicable.
📋 Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Patent Act |
| Governing Authority | Taiwan Intellectual Property Office (TIPO) |
| Protection Criteria | Novelty, Industrial Applicability, Visual Appeal, Exclusions |
| Registration Process | Application, Examination, Publication, Registration |
| Duration | Initial 15 years, renewable annually |
| Renewal Grace Period | 6 months |
| Enforcement | Civil Courts jurisdiction; remedies include injunctions, damages, and seizure |
| International Protection | Available via individual filings or the Hague System |
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