Sound or 3-D trademarks can be applied for registration
E020226Y2 Mar. 2002（E31）
M. Li, chief of the legal division of the Intellectual Property Office (“IPO”) yesterday (25) indicated that sound, 3-D trademarks or the combination of the former two trademarks can be applied for registration as added to the draft of the amendments to the Trademark Law which is pending examination at the Executive Yuan to be in compliance with the relevant WTO regulations.
In view of the fact that the whole world values intellectual property rights day by day, the Patent Law and the Trademark Law have been amended frequently. Under the WTO structure, our Patent Law has matched up Articles 3 and Article 4 of the Agreement on TRIPS concerning national treatment and most-favored-nation treatment. Articles that were not inconsistent with the principle of fair treatment were deleted from the original law. The amendments of the Patent Law open up the patent right for new species of microorganism. Owners of invention patents relating to medicine, pesticides or the process thereof may apply for extension of patent terms. Foreign patent owners may claim the right of import, etc.
In respect of compensation for damages, the draft of the amendments of the Patent Law emphasizes protection to patent owners who can request for destruction or other necessary measure to prevent counterfeits from being circulated on the market.
Additionally, the Patent Law deletes the limitation of priority and the doctrine of nationality and adds the provisions for quasi-national treatment. Foreign applicants who belong to the countries which have no reciprocal treaties with this country but have residences or business places in Japan, U.S.A., Germany or other countries may also claim priority right.
Source: Economic Daily News 02/26/2002
