The Intellectual Property Court pointed out in a civil litigation against trademark infringement that the exclusive license should be limited to the situations where the trademark owner will not use the licensed trademark.

According to the Trademark Act, the exclusive licensee is entitled to take legal actions against trademark infringement as the trademark owner may take.

According to Article 3, Paragraph 1, Subparagraph 11 of the Copyright Act, an "adaptation" refers to the creation of another work based on a pre-existing work by translation, musical arrangement, revision, filming, or other means.

The IP Court's decision was reversed and remanded by Taiwan's Supreme Court.

One feature of Taiwan's Patent Law (and its entire IP laws) that many patentees find interesting is the lack of indirect infringement.

The statute of limitations for claiming damages for infringement of intellectual property rights is, in principle, two years, with a maximum of ten years ...

Based on the judgments rendered by the IP Court after the aforementioned Supreme Court decision, the IP Court has not changed its practice. However, subsequent development of court practice remains to be seen.

With an increasing number of cases being brought against Taiwan companies, it’s important to consider how to make that future judgment worth something. With Taiwan’s relatively unique diplomatic isolation, it can be often helpful to get advice at a couple of key junctures: before getting into a contract with a Taiwan party and before commencing litigation against a Taiwan party.

In a recent decision, the Taiwan IP Court rendered a new perspective on the test of determining whether a Taiwan court has jurisdiction over a foreign defendant whose products are sold to Taiwan via its website.

The Intellectual Property Court ("IP Court") rendered ruling No. 2015-MZK-7 granting an application for a preliminary injunction order ("PIO") on October 2, 2015.

The Copyright Act in Taiwan, stipulating that "the author of a work shall enjoy copyright upon completion of the work," adopts the principle that copyright is vested automatically.

IP warranty & indemnity clauses are legal tools often used by buyers to manage and distribute supply chain risks, in particular IP litigation and associated financial hazards in connection with the seller's products ...

Whether and to what extent is a foreign forum selection clause enforceable?

An attachment order may be applied for before filing litigation to ensure that the defendant's assets are not improperly transferred, hidden, or disposed of.

Turning down a license request is, as a matter of fact, a way of exercising patent right at the choice of the patentee.

Regular readers of this column may agree that, generally speaking, Taiwan's judges are open to new legal theories bred in other jurisdictions, especially when it comes to tech laws.

On May 14, 2024, the Criminal Grand Chamber of the Supreme Court rendered its 113-Tai-Shang-Da-Zi-4096 ruling, providing a unified interpretation regarding...