Taiwan IPO held public hearing for amending Trademark Act to establish practice of trademark agents

　Taiwan IPO held a public hearing for the draft amendment to the Trademark Act (with respect to the provisions governing trademark agents) and draft of the Regulations Governing Trademark Agent Registration and Administration on August 17, 2020.  

　Back to year 2011, the Trademark Act of Taiwan was amended with the provision repealed, which stipulated that certified trademark attorneys can act as trademark agents.  Repeal of this provision in the 2011 amendment was attributable to the fact that trademark-related matters in Taiwan were mostly handled by attorneys-at-law or any person who is experienced in trademark matters.  The repeal, however, forms a regulatory loophole that any person can act as a trademark agent as long as he/she has domicile in Taiwan, which made it questionable that every trademark agent is truly qualified and specialized to act in trademark matters and is capable of properly handling all procedural matters for his/her clients as generally expected.  In consideration of the aforesaid loophole, Taiwan IPO proposes to amend the current Trademark Act to formulate clear-cut provisions governing the qualifications of trademark agents, authorizing relevant competent authority to manage registration and administration of trademark agents, with a view to making trademark agents act upon their professional knowledge and work ethics to handle trademark-related matters and protect their clients’ rights and effectively fulfill the purposes in each trademark-related procedure.  

　In response to the enactment of the Regulations Governing Trademark Agent Registration and Administration, the amendment to partial provisions of the Trademark Act clearly specifies the basis of authorization for the registration and administration of trademark agents and add a requirement that the trademark registry shall prepare a list of registered trademark agents and publish the registration and change of information of trademark agents, which makes information of trademark agents accessible and ready for the public’s search.  Moreover, according to the legal principle of security of right to work, the amendment establishes transitional provisions stipulating that people having been acting as trademark agents will have to satisfy certain qualifications for continuing eligibility of practicing as trademark agents.  (Released 2020.08.18) 

/CCS