IPR examination standards fully revised to keep in line with industrial development
E020820Y6 Sep. 2002（E37）
The following remarks were made by Chen Ming-bang, Director General of the Intellectual Property Office, during an interview:
To improve Taiwan's patent examination system, to promote the patent examination efficiency as well as to maintain quality examination, good foreign examination practices, including "local priority", "early publication" and "decriminalization of invention patent infringement", were introduced into the amendment to the Patent Law passed in 2001. The second wave of amendment currently pending at the Legislative Yuan further adopted systems such as " unification of public examination", " examination as to form for utility model patents", and "decriminalization for all patent infringement" which are more consistent with the international rules.
In response to the development of local industries, a total revision of the patent examination standards has been taken up by the IPO. Additionally, to substantially uplift the patent knowledge of local biotech industry and our country's image among the international in terms of intellectual property right protection, the "biotechnology patent examination rules and standards" is stipulated, and the amendments to the "biology-related patent examination standards" and the "patent examination standards on Chinese medicines and herbs" are assigned to competent parties.
Additionally, cross-strait IPR disputes used to rely on the court judgment to solve. However, resolution by arbitration and other non-court actions has gradually become the way to go in recent years. The Copyright Law of the PRC expressly stipulates that infringement-related disputes may resort to arbitration for solution, which is both quick and reasonable. Though our Copyright Law does not explicitly provide for the same, we should promote a just IPR arbitration system that is acceptable to both countries across the strait.
Source:Commercial Times 08/20/2002
