Taiwan updates

Aviation

New drone regulations to come into force in 2020
Shay & Partners
  • Taiwan
  • 28 August 2019

Further to the Unmanned Vehicles Technology Innovation Experimentation Act, which entered into force on 1 June 2019, a new regulation for drone use under the latest amendment to the Civil Aviation Act will take effect on 31 March 2020. Among other requirements, under the new act, drone operators in Taiwan will need to register with and pass an exam conducted by the Civil Aeronautics Administration to obtain an operator licence.


Intellectual Property

Contributed by Lee and Li Attorneys at Law
Is appearance design of drugs subject to protection under Fair Trade Act?
  • Taiwan
  • 31 August 2020

In a recent case, the IP Court adopted a negative stance on the issue of whether the appearance design of drugs may be regarded as trade dress of goods or services and thus be subject to Article 22(1)(1) of the Fair Trade Act. The drugs involved in this case were prescription drugs that can be obtained only with a physician's prescription. It remains to be seen whether there is any difference in legal application with respect to non-prescription drugs.

Third-party observations can be submitted prior to laying open
  • Taiwan
  • 24 August 2020

Since the inception of laid-open patent applications, the Taiwan Intellectual Property Office (TIPO) has allowed any party to provide relevant materials to support rejections of subject patent applications before the examination decision is rendered. Having sustained the foregoing provision for several years, TIPO recently amended the rule by deleting the original restriction that supporting materials may be submitted only after a patent application is laid open.

Taiwan-Japan PPH MOTTAINAI becomes permanently effective
  • Taiwan
  • 27 July 2020

In 2012 Taiwan and Japan signed a patent prosecution highway (PPH) programme to better facilitate patent cooperation. In 2014 the programme (known as the 'PPH MOTTAINAI') was amended to relax a restriction which meant that only search and examination results of the office of first filing were permissible as a reference for the office of second filing. On 1 May 2020 the PPH MOTTAINAI became permanently effective.

Trademark including well-known stage name of professional athlete should be refused registration
  • Taiwan
  • 29 June 2020

According to Article 30-1(13) of the Trademark Act, trademarks containing another person's portrait or well-known name, stage name, pseudonym or alternative name should be refused registration unless said person consents to the application. However, the definition of 'stage names' in Article 30-1(13) remains unclear under current practice. The IP Court recently expressed its view on this issue in an administrative litigation regarding trademark opposition.

Main points of Copyright Act draft amendments
  • Taiwan
  • 18 May 2020

In January 2020 the Intellectual Property Office announced draft amendments to the Copyright Act which aim to address the exploitation of copyrightable works in the era of digital convergence and cloud technology, the regulation of fair use, the reconciliation of rights and the perfection of copyright regulations. This article discusses the main points of the draft amendments.


Tech, Data, Telecoms & Media

Contributed by Shay & Partners
Taiwanese 5G operators receive 'clean' 5G status
  • Taiwan
  • 25 September 2020

All five Taiwanese 5G operators were recently listed as 'clean' 5G networks by the United States. The National Communications Commission has welcomed this international collaboration and commented that similar programmes previously applied to Taiwan 4G networks and kept Chinese hardware companies such as Huawei and ZTE out of Taiwan's 4G infrastructure.

Taiwan accelerates ban on Chinese OTT TV services
  • Taiwan
  • 18 September 2020

The Taiwanese government recently accelerated its ban on Chinese over-the-top (OTT) TV services in Taiwan. As of 3 September 2020, no entities, legal persons or individuals in Taiwan may act as business agents, carry out resales or provide intermediary services for Chinese OTT TV services. Non-compliance with the ban could result in an administrative fine of NT$50,000 to NT$5 million per case and to a cease and desist order from the National Communications Commission.

Bill to establish Ministry of Digital Development in preparation
  • Taiwan
  • 11 September 2020

A new bill to establish the Ministry of Digital Development is being prepared by Cabinet and will be proposed to the Legislative Yuan in September 2020 for review. According to President Tsai Ing-wen's recent inauguration address, the Ministry of Digital Development will be an industry-oriented government agency for business development in the IT, cybersecurity, telecoms, internet and media sectors.

Low-power radio frequency equipment further deregulated
  • Taiwan
  • 10 July 2020

The National Communications Commission (NCC) recently reviewed and updated its checklist for radio frequency equipment. The NCC nevertheless underlined that deregulated equipment will remain subject to compliance with the technical specifications of low-power radio frequency equipment, which were previously amended on 23 August 2016.

NCC bans Chinese OTT TV services
  • Taiwan
  • 03 July 2020

The National Communications Commission recently issued a notice of alert to all licence holders (including terrestrial TV channels, radio stations, satellite TV channels, cable TV channels and telecoms operators) which demands that they stop carrying ads, promotions or sponsorship for Chinese over-the-top (OTT) TV services, specifically We TV and Iqiyi, and requires compliance with bans on Chinese OTT TV services under the governing law administered by the Mainland Affairs Council.