Taiwan Patent Attorneys Association issues “2020 White Paper on Intellectual Property”
On December 11, 2019, Taiwan Patent Attorneys Association expressed opinions and comments on IP-related matters by issuing the “2020 White Paper on Intellectual Property”, which presents four main issues with respect to (1) insufficient and incomplete legal system, (2) inhumane examination, (3) policies without foresight, and (4) insufficient liquidity, and also ten pieces of advice. With this White Paper, Taiwan Patent Attorneys Association provides opinions on intellectual property issues to the relevant governmental authorities with an aim to formulate and draw up the development strategies for Taiwan’s patent regime and create a good environment for research and innovation for the patent industry. Under an innovative environment, patents of Taiwan will be able to transform in an upgrading tendency from quantity-oriented to quality-oriented patenting so as to ultimately actualize high standards in innovation and application and also high efficiency in examination and practice.
Taiwan Patent Attorneys Association’s advice and suggestions are summarized as follows.
1. To optimize patent legal regime: Nine specific suggestions are rendered with respect to four main aspects of procedural examination, substantive examination, patent liquidity, and protection enhancement.
2. To make complete the legal system for patent attorneys by amending examination eligibility and changing subjects of examination, by enlarging types of practice to include cross-industry alliance, juristic person certified patent attorney offices, by making the business scope of patent attorneys more complete and comprehensive, by adjusting the regulations governing on-the-job training, and also by formulating insurance for patent attorney practice.
3. To facilitate funding for patent promotion by sourcing the funding from 20%~30% of the yearly income of patent official fees, appropriation by the government through budget procedure and relevant interest accrued to the fund.
4. To formulate AI intellectual property protection policies by clarifying right ownership, infringement liability, and protection strategies.
5. To optimize patent examination quality by strengthening reexamination, carrying out searching, and repealing examination by contract personnel.
6. To promote IP liquidity by establishing IP operation platform, promoting intangible asset financing, technology transfer from universities to private sector, and developing patent insurance.
7. To formulate directions for patent evaluation by enacting an act that specifically and particularly specifies the aspects of evaluation, nature of technology, status of technology, and legal status.
8. To enhance patent information service by AI category, AI searching, and making public service available.
9. To create overseas patent aid mechanism by promoting and developing insurance system for patent lawsuit overseas.
10. To deepen IPR international interaction and cooperation by integrating civil force to promote and set up a professional IP think tank. (December 2019)