Best Intellectual Property Lawyers in Taiwan

About Intellectual Property Law in Taiwan

Intellectual Property Law in Taiwan is vital in protecting businesses and entrepreneurs from infringement of their ideas, products or services. It covers a large range of protection mechanisms including patents, copyrights, trademarks and trade secrets. In comparison to other nations, Taiwan offers a generally robust Intellectual Property Rights protection system with clear procedures for registration and enforcement as per international standards.

Why You May Need a Lawyer

Intellectual Property law is a complex realm, thus requiring professional help in various circumstances. Whether its registration of a new patent, trademark, copyright, enforcing intellectual property rights, handling IP disputes, or anything related to the protection of your IP assets, a lawyer can ensure your rights are protected under the law. Lawyers would also be crucial when dealing in cross-border situations where the IP laws of different jurisdictions may differ substantially.

Local Laws Overview

Taiwan's IP laws are dominated by the Patent Act, Trademark Act, and Copyright Act. The Taiwan Intellectual Property Office (TIPO) plays a vital role in administering and enforcing these regulations. One important point about Taiwan's IP Law is that it not only protects granted patents, registered trademarks and copyrights, but also offers protection to unregistered well-known trademarks and trade secrets. The Intellectual Property Court established in 2008, which solely deals with IP disputes, has greatly enhanced the speed and predictability of enforcement judgments.

Frequently Asked Questions

How can I register my trademark in Taiwan?

To register a trademark, you'll have to file an application with the Taiwan Intellectual Property Office (TIPO). The registration process takes around 9-12 months in case there are no objections or oppositions.

What can I do if my intellectual property has been violated?

You may lodge a complaint with the Intellectual Property Court and seek legal redress. Hiring an intellectual property lawyer can greatly benefit your case.

What are the requirements to obtain a patent in Taiwan?

The invention must be novel, non-obvious, and have a practical use. Tape-recorded invention descriptions or models/photos of the invention are required for the application.

How long does a copyright last in Taiwan?

Usually, Copyrights in Taiwan last for the life of the author plus fifty years after their death.

What is a trade secret and how is it protected?

A trade secret is information that has commercial value due to its secrecy. It can be protected under the Trade Secrets Act, granted it meets certain requirements.

Does Taiwan have a grace period for patent filing?

Yes, Taiwan grants a grace period to patent applicants where certain disclosures made by the inventor are not taken into account as prior art.

Are there any mandatory licenses in Taiwan?

According to specific provisions in the laws, certain licenses might be mandatory for some patents of specific industries.

What is the typical process to resolve IP disputes in Taiwan?

Disputes are typically reported to the Intellectual Property Court, where a trial will take place. Many disputes are also settled through mediation to avoid time-intensive prosecution.

How are well-known trademarks protected in Taiwan?

Even if these trademarks are not registered in Taiwan, they are still protected under the Trademark Act if they are recognized as well-known by Taiwanese consumers.

Do foreign applicants need a local agent to file applications in Taiwan?

A foreign applicant must provide a local address for receiving notices or documents; this can be a local agent or a representative.

Additional Resources

You may refer to the Taiwan Intellectual Property Office (TIPO) for more detailed information and regulations about Intellectual Property in Taiwan. You could also consider joining associations like the International Trademark Association (INTA) or the Licensing Executives Society (LES) that deal with different aspects of Intellectual Property.

Next Steps

If you find yourself in a situation where you need legal assistance related to Intellectual Property in Taiwan, it's advisable to consult with a locally licensed lawyer who is specialized in Intellectual Property. You can either reach out to law firms directly or make use of lawyer referral services. Don't forget to verify their qualifications, area of expertise and previous clients' reviews before making a selection.