“New Packaging” for Lunchboxes Sold in Convenient Stores Raises A Battle of Patents “Family Mart” Cannot File a Lawsuit Before the Patent is Obtained.

Family Mart was going to present the unprecedented “Wrapped Cuisine” on the 29^th of April.  Food will be wrapped in unique wrapping material.  Such method is said to be able to retain the original taste and smell of the food.  However similarly, Hi-Life has also presented the ideally alike “Sealed Cuisine” in the beginning of April.  To emphasize the originality of “wrapping up the food,” the two convenient stores may bring the issue to the court.

 

Family Mart of Japan invented the idea of “wrapping up the food” and introduced it to Taiwan Family Mart in October last year.  Yet, before Family Mart presented it to consumers, Hi-Life’s “Sealed Cuisine” was exposed to the public last Thursday.  From its appearance, it looked almost identical to the “Wrapped Cuisine” that Family Mart was about to present.

 

It was understood that Japan Family Mart applied for invention patent and new design patent in Taiwan on March 23.  The patents applied were not focused on the wrapping material, but the idea of wrapping up the whole course and micro waving it.  The manager of the product department of Family Mart, Wu Sheng-Fu indicated, if any similar products are sold, Japan Family Mart will collect information first.  If any infringement is involved, they are not against taking any legal action.

 

Intellectual Property Office expressed, patent protection is based on territoriality.  A claim of infringement may be filed only when the patent is obtained in Taiwan.  Vice President of the IPO, Lu Wen-Shang pointed out, founded on the mutual protection of WTO and Paris Convention, our country currently has an “international priority” in terms of patent application with Japan.  It means that if Japan Family Mart files a patent application in Japan and on the next day within 12 months, applies in Taiwan with the same invention, Japan Family Mart may claim its priority based on its application in Japan.  However, during the term of application, Taiwan Family Mart cannot claim infringement against a Taiwanese manufacturer on the basis of a Japanese patent.  Unless they have sold the products to Japan first, then Hi-Life may infringe the patent rights of Japan Family Mart.  (2005.3)

CYJ/CHT