Intellectual Property Laws at Taiwan
Taiwan has a robust and internationally aligned intellectual property (IP) framework, managed by the Taiwan Intellectual Property Office (TIPO). The system is designed to support innovation, protect creators, and facilitate global business operations.
Key IP Laws and Regulations in Taiwan
1. Patents
Governing Law **Patent Act*
Protection Granted for inventions, utility models, and design.
Duration:
Invention Patents 20 years from the filing dat.
Utility Model Patents 10 years from the filing dat.
Design Patents 15 years from the filing dat.
Recent Amendments: Patent Act was amended in 201.
2. Trademarks
Governing Law **Trademark Act*
Protection Available for distinctive marks used to identify goods or service.
Duration 10 years from the registration date, renewable indefinitely.
Recent Amendments: Criminal provisions for counterfeiting labels of trademarks or collective trademarks have been added.
3. Copyright
Governing Law **Copyright Act*
Protection Covers literary, artistic, musical, and dramatic works, as well as software and audiovisual content.
Duration Life of the author plus 70 year.
Note Taiwan no longer maintains a copyright registration system; protection is automatic upon creation.
4. Trade Secrets
Governing Law **Trade Secrets Act*
Protection Covers confidential business information, including manufacturing processes and proprietary dat.
Duration Indefinite, as long as secrecy is maintained.
Recent Amendments: The Intellectual Property Case Adjudication Act was amended to enhance trade secret protection.
🏛️ Enforcement and Dispute Resolution
**Intellectual Property and Commercial Court (IPCC)*: Handles most IP-related cases, including civil and criminal mattes.
Recent Reforms:
*Exclusive Jurisdiction: The IPCC has exclusive jurisdiction over most IP civil cases and trade secret criminal cases.
*Mandatory Legal Representation: Parties must appoint a qualified attorney in specific IP cases.
*Expert Participation: Courts can solicit opinions from experts to assist in complex cases.
*Burden of Proof: In certain cases, the burden of proof has shifted to the defendant.
🌐 *International Treaties and Memberships
Taiwan is not a member of the World Intellectual Property Organization (WIPO) due to political reason. However, it has established a comprehensive IP system that aligns with international standards.
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