ALIPO IP ATTORNEYS

To facilitate a better patent and trademark legal remedy system that is in line with international practices, TIPO has proposed draft amendments to both the Patent Act and the Trademark Act. These were announced on December 30, 2020, and January 7, 2021, respectively. The proposed changes were devised with reference to the legal systems of other countries such as Japan, the United States, and Germany. To protect the right to legal remedy and improve its effectiveness, the amendments obligate TIPO to set up a Patent and Trademark Trial and Appeal Board and strengthen its review procedures. This will allow for review decisions to be appealed to court directly, without having to first go through an administrative appeal via the Petitions and Appeals Committee, MOEA. Also, the appeal procedure shall no longer follow the administrative litigation process, but will instead take the form of civil litigation.

To collect the public’s feedback on the amendments, TIPO held three public hearings in Taipei, Kaohsiung, and Taichung on January 19, 25, and 29, respectively. A total of 341 patent attorneys, lawyers, and intellectual property practitioners attended the public hearings. Many valuable opinions were put forward during the meetings, which TIPO will take into consideration.