In a move widely expected to speed up approvals of patent applications, Taiwan’s government has announced that evidence of foreign patent applications may be submitted when applying for invention patents in Taiwan.

The announcement was issued by the Intellectual Property Office (“IPO”), a government agency under the Ministry of Economic Affairs responsible for handling patent applications and prosecutions.

According to the IPO, evidence of foreign patent applications, such as documentation showing that a foreign government has already granted approval to an invention patent or that such approval is expected shortly, or results of a patent search report conducted by a foreign patent office, may be included in applications for review. This is expected to speed up applications by reducing the workload of patent application inspectors in Taiwan.

The IPO’s announcement said that the decision was made to make Taiwan’s patent review system more similar to major industrialized countries and regions, including Europe, the United States, Canada, Japan and South Korea, which have adopted information-sharing and cooperation measures known as the “Patent Prosecution Highway” or “PPH” for short.

While Taiwan has not yet signed any bilateral agreements with other jurisdictions to implement a PPH system, it is following the examples of PPH member jurisdictions by admitting foreign patent evidence and thereby reducing the amount of time needed to review patent applications.  The new system also formalizes what has already been an informal practice since 2007

According to the IPO, patent applications have soared by 65.9 percent over the last decade, and the volume of applications is expected to continue rising. Reports have said that more than half of patent applications submitted for approval in Taiwan are identical to applications simultaneously submitted to patent offices in other major countries.

Besides implementing the PPH review system, the IPO is also drafting amendments to Taiwan’s Patent Law that will provide a more comprehensive scope of patent protection, such as by adding language covering contributory patent infringement and implementing reasonable license fees as an alternative for compensation.  The IPO is expected to hold several seminars over the coming year to solicit opinions regarding the proposed amendments before they are presented to the Legislative Yuan for review.

Click here for more information on intellectual property issues in Taiwan or contact us.

Jason Blatt and Jennifer Atkinson coached the National Taiwan University Law School moot court team that competed in the 2008 Thomas Tang Moot Court Competition. Organized by the National Asian Pacific American Bar Association (NAPABA). The competition attracted 60 teams from law schools around the United States and the world to compete in Seattle, Washington on November 22, 2008.

The team from Taiwan’s most prestigious law school consisted of graduate students Egbert Cheng and Tsung-Ling Lee and undergraduate student Yea-Shou Chen. During preparation for the competition, Jason assisted team members with their brief, while Jennifer coached team members preparing for the oral competition.

Pamir Law Group Managing Partner Nicholas V. Chen is a co-founder of NAPABA and has helped make arrangements for NTU to send teams to the Thomas Tang Moot Court Competition for the past two years.

The government of Taiwan has announced that it will seek to join the Government Procurement Agreement (“GPA”), a plurilateral agreement organized and administered by the World Trade Organization that ensures fairness of competition between domestic and multinational enterprises bidding on government procurement, tender and construction projects. After the GPA takes effect, which is expected in January or February of 2009, Taiwan will be bound to GPA standards designed to make laws, regulations, procedures and practices associated with government procurement more transparent. This is widely expected to lift protections for domestic products and suppliers, greatly benefiting the ability of multinational enterprises to compete for government procurement and public construction projects.

The international community has urged Taiwan to join GPA ever since Taiwan became a member of the World Trade Organization in 2002. Taiwan’s government had originally promised to sign the GPA in January of 2003.

After Taiwan begins adhering to the GPA, a new domestic procedure will be implemented allowing private bidders to challenge government procurement decisions and obtain redress if such decisions are found to violate the GPA’s rules. The GPA will apply to all government contracts whose value exceeds certain threshold amounts depending on the category each contract falls under, such as about USD 7,000,000.00 for construction projects and USD 570,000.00 for goods and services contracts.

In addition to clearing a level playing field for multinational businesses bidding for procurement and construction projects in Taiwan, joining the GPA will also open up opportunities for Taiwan-based businesses to take part in government procurement and public construction projects in other countries and territories that have already joined the GPA, including 32 European countries, Japan, the United States, Canada, Hong Kong, Singapore, Korea and Israel.

To learn how Pamir Law Group provides practical and effective support for bidding on government procurement and construction projects in Taiwan contact us.

Source:

Ministry of Finance

For this Pamir Update, we have prepared a list of frequently asked questions (FAQ) about the arbitration process in Taiwan.  The FAQ discusses and answers the following questions:

1. How will the venue for arbitration be decided?
2. How many arbitrators are needed for arbitration and how are arbitrators selected?
3. How much are arbitration fees?
4. Can CAA select both Chinese and English languages for the arbitration process?
5. What can be claimed in the arbitration process?
6. Can the principle of equity be applied in the arbitration process?
7. How long will it take before the arbitration award is delivered?
8. Can the non-prevailing party appeal an arbitration award?
9. How will an arbitration award be enforced?
10. Can an arbitration award be revoked by the court?
11. Can the enforcement procedure be stayed during the arbitration revocation process?
12. Is the non-prevailing party automatically liable to pay the prevailing party’s legal fees?

Download as PDF.

This information is for reference only, and nothing herein is to be construed as providing advice to you in your situation, which may be very different from the general example provided here. Please contact us for a more detailed assessment of your particular situation.

Partners Nicholas V. Chen and Michael D. Lee jointly delivered a keynote address titled “New Opportunities in the Era of Direct Cross-Strait Aviation” at the Third China Aeroleasing Summit, an elite gathering for executives and professionals in China’s aviation and aircraft leasing sector.

The presentation outlined numerous economic opportunities expected as a result of the historic November 4, 2008 agreement between Beijing and Taipei restoring direct air and sea transport links.

In addition to briefing participants on the scale of cross-Taiwan Strait aviation after daily direct flights begin in late December, Nick and Mike also introduced opportunities ranging from the proposed new “Taoyuan Airport City” to new commercial zones and easing of restrictions on cross-strait investment.

For more information about our Aircraft Financing and Leasing services click here or contact us.

 

 

Click here to download the presentation slides.

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• Xinhuanet.com: Cross-Strait Aviation Links Expanded
• Xinhuanet.com: Cross-Strait Charters Made Permanent
• Chinatimes.com: ARATS-SEF to Sign MOU at Next Meeting
• Chinatimes.com: Cross-Strait Cargo Flights to Begin
• United Daily News: Cross-Strait Financial MOU Likely at Next Round
• United Daily News: Direct Flights Bring Economic Opportunities
• United Daily News: Charter Flights Made Daily
• Amcham TOPICS Magazine: Taoyuan Airport City
• News.cn: Tour Group Minimum Size Reduced to 5 Persons

Full Text of All Four ARATS-SEF Agreements:

• Aviation Links Agreement
• Food Safety Agreement
• Postal Agreement
• Shipping Agreement