Trade mark changes under way in Taiwan

The Taiwan Trademark Act passed the executive branch of government on December 16 and was submitted to the legislature for review on December 23.

Key changes include increasing the scope of what constitutes a trade mark to encompass hologram and motion marks, distinguishing conditions of use between exclusive and non-exclusive licences, and detailing terms of trade mark registrability.

IP practitioners welcome the proposed changes and see a need to fine-tune existing trade mark laws. Amendments to the Act were last made in May 2003.

"Industrial and commercial businesses are developing rapidly and business transactions have been more vigorous and diversified in recent years," explains Ruey-Sen Tsai, a partner at Lee and Li. "Many of the provisions of the Act are already not enough for practical application."

One important reform offers greater protection to well-known marks by deeming as infringement any action that is "likely to dilute distinctiveness or damage the...

(Source: Managing IP, February 2011)