Archive for the 'Intellectual Property Law' Category

Internet Service Provider (ISP) Liabilities Bill Under Review by the Taiwan Legislative Yuan

The Internet Service Provider (ISP) Liabilities Bill, also known as the “Safe Harbor” Bill, seeks to define the liabilities of ISPs regarding infringers’ use of the Internet to distribute copyrighted material.  Specifically, the Amendment states ISPs will not be held civilly liable to rights holders or ISP users after the removal of suspected infringing material, [...]

Energizer Loses in U.S. Court against Chinese Manufacturers

In 2003, Energizer Holdings, Inc. claimed that fourteen Chinese manufacturers of zero-mercury-added alkaline batteries, which were sold in the U.S. market, infringed its U.S. Patent No. 5,464,709 patent (the “709 patent”).  Energizer then filed a complaint with the International Trade Commission (ITC) in the U.S. to conduct a Section 337 investigation on their claims, and [...]

TIPO’s Compulsory License of Patent Technology Rejected by High Court

After losing its administrative litigation at the Taipei High Administrative Court in March this year, the Taiwan Intellectual Property Office has decided not to file an appeal.  Though it respectfully disagrees with the High Court’s opinions, the TIPO will now officially bow out of the licensing conflict between Philips and Gigastorage, as the two parties [...]

Chinese Luxury Hotel Held Liable for Infringement by Tenant

Louis Vuitton Malletier, maker of iconic leather handbags toted by celebrities and socialites around the world, recently won a trademark infringement claim against a high-end Chinese hotel, which had allowed sales of counterfeit LV products in one of its hotel shops.  In March 2008, the Dongguan Intermediate Court ruled that the hotel, Gladden Hotel of [...]

Taiwan and China on USTR’S Watch List

On April 25, 2008, the Office of the United States Trade Representative (USTR) published its annual “Special 301” Report on intellectual property rights protection by U.S. trading partners.  This year, it placed 46 countries on its Priority Watch List, Watch List, or Section 306 Monitoring List.  Appearance on one of these lists is considered a [...]

Taiwan Applications Steady

The number of trademark applications in Taiwan continues to hold steady around 65,000 each year, down from a high of 73,000 at the height of the dot-com boom in 1999.  Foreign applications make up about one-quarter of the total applications.  The US continues to be the second highest source of trademarks filed in Taiwan, with [...]

Trademark Applications Skyrocket in China

At its national conference, the Industry and Commerce Administration announced that, as of November 2007, trademark registrations in China increased by over 29 percent over the previous year.  The total number of trademark registrations has now reached over three million.  This year, the Trademark Office registered and certified 197 well-known or famous marks. 

Currently the [...]