Wang, Mei-hua Director General of TIPO September 8, 2008 TIPO: Our Work and Our Visions Our Visions

2 Outline A. TIPO at a Glance B. Our Work at Present C. Future Challenges and Visions

3 A. TIPO at a Glance 1. Organization structure 2. Revenue and expenditure 3. Human resources 4. Patent applications 5. Trademark applications

4 Director General Deputy Director General Deputy Director General Secretary General Organization structure 1. Organization structure (cont’d) International Affairs & General Planning Division Information Service Division Copyright Division Trademark Division Patent Division 3 Patent Division 2 Patent Division 1

5 1.Organization structure(cont’d) 1. Organization structure (cont’d) Director General Deputy Director General Deputy Director General Secretary General Legal Affairs Office Civil Service Ethics Office Information Management Office Personnel Office Secretariat Accounting Office

6 2. Revenue and expenditure

7 3. Human resources Employees– 682 (as of July 2008) 【 Note 】 1.TIPO has 80 part-time patent examiners. 2.In response to the IP Court commenced operation on July 1, 2008, nine patent examiners from TIPO are serving as technical examiners for the Judicial Yuan.

8 4. Patent applications applications65,74272,08279,44280,98881,834 pending97,12885,80781,29493,058120,661 Number of patent applications and pending cases for

9 5. Trademark applications Applications65,90772,65076,83879,76776,332 Pending47,93943,25342,85842,08943,408 Number of trademark applications and pending cases for Number of trademark applications and pending cases for Note: Since the implementation of multiple class application in Nov. 2003, the number of application is tallied by classes; pending cases and applications for 2003 are tallied by number of cases.

10 B. Our Work at Present 1.Establishing comprehensive IPR legal regime 2.IP Court 3.Taiwan Intellectual Property Training Academy, TIPA 4.International cooperation 5.Cross-strait coordination and cooperation on IPR protection 1.Establishing comprehensive IPR legal regime 2.IP Court 3.Taiwan Intellectual Property Training Academy, TIPA 4.International cooperation 5.Cross-strait coordination and cooperation on IPR protection

11 a. Amendment of the Patent Act 1. Allowing for plant and animal patent protection 2. Experimental use exemption 3. Public health 4. Compulsory licensing 5. Expanding design protection 6. Amending utility model system 7. Other amendments necessary for patent practices 8. Strengthen patent right protection 1. Establishing comprehensive IPR legal regime

12 Compulsory license  The Philips-Gigastorage compulsory license dispute came to end after Gigastorage withdrew its compulsory license application and Philips withdrew its appeal petition.  Revising the provisions on compulsory licensing “reasonable commercial terms and conditions”.

13 1. Amendments to be in line with the Singapore Treaty on the Law of Trademarks 2. Protecting unregistered well-known trademarks 3. Clarifying the requirement of trademark infringement 4. Protecting famous place of origin b. The Trademark Act

14 c. The Copyright Act Copyright Intermediary Organization Regulations 1. Renaming to Copyright Collective Management Regulations 2. Monitoring the number of collective management organizations 3. Inserting referential factors for setting royalty rates 4. Amending royalty rates examining system 5. Amending format of information exchange between organizations and users ISP Bill 1. Clarifying ISP liabilities 2. Exemption for performing notice-and-take down

15 IP Court District Courts IP Court IP Court Supreme Court 2. The IP Court The IP Court was officially inaugurated on July 1, 2008, and the IP Prosecutors Office also began operation on the same day. TIPO IP Court Petitions & Appeals Committe e, MOEA Supreme Administrative Court Civil Litigation Criminal Litigation Administrative Litigation

16 3. Taiwan Intellectual Property Training Academy, TIPA Northern Area Training Units Central Area Training Units IP Instructors Franchised Training Units TIPO Taiwan Intellectual Property Office TIPO Taiwan Intellectual Property Office TIPA TIPA Structure & Operation Subsidizing SelectionQuality Control Southern Area Training Units Note: TIPA was officially opened on June 28, 2005, and expects to cultivate one thousand IP professionals each year.

17 3.TIPA (cont’d) Outcomes Year IP Instructor Course 6579 Instruction Material Franchised Training Unit Trainee ---1,1141,0521,000 Government Funds NT$34 million (US$1,062,000) NT$31 million (US$969,000) NT$29 million (US$924,000) NT$29 million (US$924,000)

18 3.TIPA (cont’d) Perspectives To encourage businesses to apply for patent rights for their inventions To assist businesses to set up IPR management system To strengthen professional IP training to government related employees To improve quality of patent and trademark application To strengthen interaction & experience sharing with foreign IP academies

19 4. International cooperation(1)  IPR cooperation platforms:  Multilateral: APEC/IPEG  Bilateral: trade talks, IPR MOU  IPR MOU-cooperation  Complete signing with France, Australia, El Salvador, Costa Rica, Guatemala, Nicaragua, Paraguay, Philippines and Spain.

20  IPR MOU  To be signed with: UK (2008 or 2009) 4. International cooperation(2)

21  JPO  No. 1 of foreign patent applications in Taiwan  Periodical IPR dialogues—JPO and industries (including Japanese Chamber of Commerce and patent agent associations)  Seminars / Training courses  Visit of experts upon request  Hong Kong  IPR Awareness Cooperation —2008 “My Video” Contest 4. International cooperation(3)

22  US  Long-standing bilateral relationships  Dual tracks USTR (with the assistance of USPTO) –IPR issue consultations (TIFA framework) –Cooperation on WTO, APEC issues USPTO – on specific IP area –Patent information exchange –Seminar, training courses provided –Visit of experts upon request 4. International cooperation(4)

23  Australia  IPR MOU signed in 2004  New MOU with specific Action Plan to be signed in October 2008 Patent and trademark examiners training exchange Visit of experts upon request IPR Laws and information exchange 4. International cooperation(5)

24  EPO  Patent information exchange  Seminars and training provided  Visits of experts upon request  OHIM  Trademark and design patent training provided 4. International cooperation(6)

25 5. Cross-strait coordination and cooperation on IPR protection Preventive measures against counterfeiting and trademark squatting Mutual recognition of patent and trademark priority claims Preventive measures against counterfeiting and trademark squatting Mutual recognition of patent and trademark priority claims 《 concerns 》  Counterfeiting Taiwan’s products and trademark squatting of place of origins of agricultural products  Does not recognize patent and trademark priority claims 《 concerns 》  Counterfeiting Taiwan’s products and trademark squatting of place of origins of agricultural products  Does not recognize patent and trademark priority claims Upcoming forums  Cross-strait patent forum (November 4-5)  Cross-strait trademark and copyright forum (November 25 and 27)

26 C. Future Challenges and Visions Patent examiners understaffed, efficiency affected  As of 2007, total 120,670 pending patent cases.  Average time to complete examination is 21months: invention, 24.9 months; utility model, 4.6 months; design, 11.5 months Patent examiners understaffed, efficiency affected  As of 2007, total 120,670 pending patent cases.  Average time to complete examination is 21months: invention, 24.9 months; utility model, 4.6 months; design, 11.5 months 1. Outsource invention early publication and classification work to reallocate staff for examination work 2. Introduce fee payment for independent invention claim 3. Encourage working overtime to expedite examination process 4. Increase number of examination staff 1. Outsource invention early publication and classification work to reallocate staff for examination work 2. Introduce fee payment for independent invention claim 3. Encourage working overtime to expedite examination process 4. Increase number of examination staff Resolu t ions Challenges

27 IRP law Amendments: extensive and complex IRP law Amendments: extensive and complex Public support needed Challenges C. Future Challenges and Visions (cont’d)

28 Sound IPR protection environment ● Comprehensive IPR legal regime ● Improve patent and trademark examination quality ● Establish professional patent attorney system ● Continue working on e-project ● Provide excellent information services ● Strengthen IPR protection ● Strengthen international and cross-strait IPR cooperation C. Future Challenges and Visions (cont’d)

29 Thank you!