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Intellectual Property

Patent in Taiwan R.O.C

Kinds of patents: invention, utility model & design.

  • Duration:
    • Invention: Validating from the date of publication and expiring after a period of 20 years from the filing date of the application.
    • Utility Model: Validating from the date of publication and expiring after a period of 10 years from the filing date of the application.
    • Design: Validating from the date of publication and expiring after a period of 15 years from the filing date of the application.
  • Annuity: The annuity shall be paid starting from the publication date. Payment of the first-year annuity shall be made together with the issue fee while the payment of the second-year annuity and the annuities thereafter shall be made before the period thereof expires. The annuity for several years may be paid at one time.

Trademark in Taiwan R.O.C

  • Duration:Ten years from the date of registration; Further ten-year duration period can be extended by filing trademark renewal within 6 months before the expiration.
  • Publication: 3 months.
  • During publication or after publication, any third party may file an opposition or an interested party may file invalidation against a trademark registration, if he/she thinks the trademark registration violates an article of the Trademark Act.
  • Without proper causes for non-use, the trademark has not been put into use for three years after registration, or has been continuously suspended from use for three years, the government office in charge of trademark matters shall, ex officio or by request , revoke the registration.
  • When a trademark proprietor uses a registered trademark which is altered in different forms or supplemented with additional notes, whereby it has become identical with or similar to another person's registered trademark in respect of the same or similar goods or services the trademark registration shall be cancelled by the Trademark Authority, ex officio or upon request.

Copyright in Taiwan R.O.C

  • The author of a work shall enjoy copyrights upon completion of the work. No registration is required or available.

Trademarks in China (PRC)

  • Duration:Ten years from the date of registration; Further ten-year duration period can be extended by filing trademark renewal within twelve (12) months before the expiration.
  • Publication: 3 months.
  • During publication or after publication, an interested party or a third party may file an opposition or invalidation against a trademark registration, if he/she thinks the trademark registration violates an article of the Trademark Act.
  • Without proper causes for non-use, the trademark has not been put into use for three (3) years after registration, or has been continuously suspended from use for three years, the government office in charge of trademark matters shall, ex officio or by request , cancel the registration.
  • When a trademark proprietor uses a registered trademark which is altered in different forms, supplemented with additional notes or change the name, address, or other matters concerning the registrant without approval shall be cancelled by the Trademark Authority ex officio.