International Lawyers Network (JD Supra Taiwan)

Establishing A Business Entity In Taiwan
Introduction to Taiwan - In less than 50 years starting from 1949, Taiwan went from an agriculture-based economy to be an economic powerhouse and leader in the field of high-tech goods. Its Gross Domestic Product (GDP) grew from US$1.2 billion in 1951 to US$589.5 billion in 2018. According to the World Trade Organization, in 2018, Taiwan was the 18th largest exporter and 17th largest importer...
The Supreme Court’s Adjudication on Whether a Post-grant Amendment of a Granted Patent Constitutes an Amendment of the Litigation Claim
When granted with a patent right, the patentee may file a request for amending the description, claim(s) or drawing(s) of the granted patent. Hence, once an alleged infringer has presented prior evidence sufficient to establish that the patent at issue lacks patentability in a patent infringement litigation case, the patentee is likely to file post-grant amendment requests with the Taiwan...
In Determination of Trademark Parody Fair Use, Culture Differences and the Products Used Should be Considered
Generally speaking, “trademark parody fair use” is a defense where an unauthorized trademark user claims that the use should be shielded from liability because of public interests such as freedom of speech. In Taiwan, while there were court judgments that recognized “trademark parody fair use”, there is no clear language for such defense in the Trademark Act and the determination of “trademark...
The Concept of Reverse Confusion is Not Applicable under the Current Trademark Practice in Taiwan
As a principle, Taiwan adopts a “first to file” trademark registration system. Under the system, fame and extensive use are not the requirements for registering a trademark. In addition, under Article 2 of the Trademark Act in Taiwan, the holder of a trademark cannot claim its right under the Act unless the trademark has been registered in Taiwan.

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