本 期 提 要 HEADLINES
Amendment to Application Procedures for Establishment of Copyright Intermediary Associations
On August 21, 2002 the Intellectual Property Office of the MOEA gazetted the most recent amendments to Application Procedures for Establishment of Copyright Intermediary Associations and relevant forms and schedules. This Amendment takes effect on the date of the gazette. Detailed information and forms are available online for referencing at: http://www.moeaipo.gov.tw/news/ShowNewsContent.asp?otype=1&postnum=1691&from=board
Replacement of Incorrect New Design Patent Certificates
The IPO has recently indicated that where the class of goods for a new design is incorrectly recorded on a new design patent certificate issued after January 2002, the patent owner shall return the patent certificate to the IPO, so as to facilitate correction of the information and to issue of a replacement certificate.
Taiwan has adopted the “International Industrial Design Classification” for the classification of goods for new design patents as of January 1, 2002. Search on the Classification is available on the IPO’s website (http://www.moeaipo.gov. tw/patent /patent_law/patent_law_1_16new.asp). Questions concerning on such Classification shall be directed to the IPO hotline: (02) 2738-0007 Ext. 9007 or 9015.
Draft Revisions to Trademark & Patent Application Forms
In order to
ensure that the forms for various applications in respect of trademarks
and patents meet practical needs, the IPO has prepared draft revisions to
these forms, after taking into account comments from the general public on
possible improvements, as well as difficulties encountered in filling in
and processing the forms. The
draft revisions on relevant trademark and patent forms can be found online
經濟部智慧財產局於本(91)年3月14日建置完成「生技、醫化及中草藥專利資料庫」，並上線(http://biotech.moeaipo. gov.tw/bin/count.exe)供各界試用一年。該資料庫現有資料範圍包括本國生技專利資料庫1,000筆、本國醫化專利資料庫3660 筆、台灣中草藥植物資料庫11,529筆、大陸中草藥植物資料庫22,617筆、日本中草藥專利資料庫3,888筆及國外中草藥植物資料庫15,000筆等。
IPO’s “Biotech, Pharmaceutical & Chinese Medicinal Patent Database”
The IPO has launched on March 14, 2002 the “Biotechnological, Pharmaceutical and Chinese Medicinal Patent Database” and made it available to the public online for a one-year free trial (http://biotech.moeaipo.gov. tw/bin.count.exe). The said database includes 1,000 items of Taiwanese biotechnological patent information, 3,660 items of Taiwanese pharmaceutical and chemical patent information, 11,529 items of Taiwanese Chinese medicinal flora information, 22,617 items of Mainland Chinese medicinal flora information, 3,888 items of Japanese Chinese medicinal patent information, and 15,000 items of overseas Chinese medicinal flora information.
Statistics on Patent Applications by Taiwanese Persons in Mainland China
According to information provided by Mr. WANG Yun-fang, consultant with NTD Patent & Trademark Agency Ltd. of Mainland China, a total of 15,075 patent applications were filed in 2001 by Taiwanese natural and juridical persons in China. The said number consists of 3,612 invention patent applications, 9,486 utility model patent applications, and 1,977 appearance design patent applications. In comparison to the number, 10,766, of patent applications in 2000, the number filed in 2001 represented an increase of 40%. The following table sets out the relevant patent application statistics:
Table of Patent Applications by Taiwanese Persons in Mainland China in 2000 and 2001
Prosecution of IPR Infringement Cases by Prosecutors and Courts from January to May 2002
According to statistics released by the Senior Prosecutors Bureau of the Ministry of Justice, intellectual property right infringement cases during the period from January to May of 2002 are reported as followed:
1. Investigation on IPR infringement cases from January to May 2002:
(1) There were 2,385 new cases, representing a decrease of 524 cases when compared to the same period in 2001. Most of the cases involve violations under the Copyright Law, totaling 1,666 cases (69.85%), while the remaining consisting of 510 Trademark Law infringement cases (21.38%) and 209 Patent Law infringement cases (8.76%).
(2) Investigation was concluded in respect of 2,054 cases (2,810 defendants), representing a decrease of
813 cases (640 defendants) when compared to the same period in 2001. Among those investigations, 1,069 defendants were indicted, representing 38.04% of the total number of defendants investigated. There were 28 cases were indicted with subsequent convictions, representing 3.04% of the indicted cases. (See Table 1 for details)
Affirmed and enforced IPR infringement cases from January to May
Judgments were affirmed in respect of 1,086 defendants,
representing a decrease of 224 persons when compared to the same period in
2001. Among these judgements,
125 defendants were sentenced to imprisonment for one year or more, 49 to
imprisonment for more than 6 months but less than 1 year, 439 to
imprisonment for less than 6 months, 57 defendants were sentenced to
detention, and 19 were fined. The
conviction rate was 63.44%, representing a decrease of 2.67% from 66.11%
in the same period in 2001. (See Table
2 for details)
Sentences have already been carried out in respect of 380 convicted
cases (402 defendants), representing a decrease of 65 cases (64
defendants) compared to the same period in 2001.
Among these sentences, convictions were enforced in respect of 399
defendants (from 318 cases)
sentenced to six months or under, or detention, where defendants may apply
to convert their sentences to fines. Of these cases, 292 persons (86.14%)
were allowed to convert their sentences to fines, while conversion for 1
person (0.29%) was denied. (Note:
For all criminal cases in the same period, 72.06% of defendants
were eligible to convert sentences and only 0.23% of applications to
convert sentences were denied. (See Table
3 for details)
Table 1 Actions by Taiwan District Court Procurators in IPR Cases
Note: Corporate defendants included.
C=Number of Cases; P=Persons Refer
Table 2 Affirmed IPR Cases Unit：Persons
備註：本表包含以法人為被告案件 Note: Corporate defendants included.
Table 3 Sentence Conversions in IPR Cases
Corporate dependence included.
C=Number of Cases; P=Person