TAIWAN

• APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

  • Following can file Design Applications:
    a). Author of the Design
    b). Employer of the author if Design made during course of employment
    c). Person contracting the author to make the design
    d). Person to whom the author has assigned the design in writing.

    Two or more persons owning interests in the design must apply jointly.

• REQUISITES FOR FILING INDUSTRIAL DESIGN APPLICATIONS

  • To come under the scope of registration, a Design should:

    1. Be new and / or original
    2. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
    3. Be significantly distinguishable from known designs or combination of known designs.
    4. Not contain scandalous or obscene matter, or be contrary to public order or morality.
    5. Not be a mere mechanical contrivance.
    6. Be applicable to an article, should appeal to the eye.

    Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

• KINDS OF INDUSTRIAL DESIGNS REGISTRABLE

  • To come under the scope of registration, a Design should:

    • Be new and / or original
    • Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 6 month exception is provided under few circumstances.
    • Be significantly distinguishable from known designs or combination of known designs.
    • Not contain scandalous or obscene matter, or be contrary to public order or morality.
    • Not be a mere mechanical contrivance.
    • Be applicable to an article, should appeal to the eye.Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.Aspects of Designs registrable:Any arrangement of lines and colours, coloured, non coloured aspects of the design.Two Dimensional, Three  Dimensional, general appearance of a design. Contours, Colours, Shapes and TexturesDecoration of the designSuch Design which is usable in the intended industry or handicrafts and if distinctively appears as an industrial or craftwork product.
• KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE
  • • The following kinds of Designs are not registrable:
    • Designs which are not new or original
    • Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date.
    • Designs which are not significantly distinguishable from known designs or combination of known designs or
    • Comprises or contains scandalous or obscene matter.
    • No design that is contrary to public order or accepted principles of morality can be registered.
    • According to the content of the Paris Convention, designs that cannot be registered include those involving misuse of coats of arms, flags and other emblems, letters or designations of international intergovernmental organisations, as well as the Spanish shield, flag and other emblems, or those belonging to its autonomous regions, towns, provinces or other local bodies, unless express permission has been given.
    • Also prohibited are designs incorporating a trademark or other distinctive signs previously protected in Taiwan, and whose holder has the right to prohibit the use of the sign in the registered designPartityPatents through it’s associate Law Firms in Taiwan, is at hand to help you with patent design registration and prosecution.
• STEPS TO INDUSTRIAL DESIGN REGISTRATION

  • Search and Filing:
    Conducting a search prior to filing the design application is always advised to rule out conflict with prior registered marks.

    Our Attorney will assist you in search, filing and protection of the Design application in Taiwan. Steps to Registration:

    1. Finding out whether such a design has been registered previously.
    2. Preparing a representation of the design
    3. Identifying the class of design.
    4. Providing a statement of novelty.
    5. Including a disclaimer that the design has not been in the public domain at any point in time.
    6. Claiming a priority date if the design Is registered in other countries. vii. Determining the fee to be paid.
    7. Ensuring all enclosures are attached.
    8. Complying with objections if any.
    9. Providing full details pertaining to contacts and addresses.ParityPatent along with specialised Industrial Design Lawyers and attorneys in Taiwan can assist you comprehensively with registration and protection of new Design Patents.
• EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

  • Designs are examined for formalities upon receipt. Substantive examination regarding novelty, individual characteristics follows formality examination.

• PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

  • Designs meeting all the requirements are recorded and registered. Certificate of registration is then issued to the applicant.

• TYPES OF INDUSTRIAL DESIGN APPLICATIONS TAIWAN

  • Ordinary application.
    An ordinary application does not claim priority.

    Convention application calming priority .
    A convention application claims priority of an application filed previously in a convention country. (Deadline for claiming priority for a design application in Taiwan is 16 months from the filing date of the priority application)

     

• TERM OF INDUSTRIAL DESIGN PROTECTION

  • Design registrations have duration of 12 years following the filing date.

    Our attorneys will assist you with renewals and maintenance Industrial Design in Taiwan.

     

• BENEFITS OF INDUSTRIAL DESIGN REGISTRATION

  • WHY  PROTECT DESIGNS IN TAIWAN?  Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public.  Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers.  To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.

    BENEFITS OF INDUSTRIAL DESIGN REGISTRATION IN TAIWAN:  Certain countries that follow cumulative protection of Industrial Designs by Copyright as well as Design laws have the ‘Unity of Art’ principle that needs to be followed meaning, entitlement to  copyright for applied and other art work shall be determined through the same criteria.

    In today’s highly impulse driven and temperament market, industrial designs provide the requisite edge to push products into consumers’ psyche.  Such is he craving for fashionable and well crafted products that looks can often be equally or more important that the products’ functionality itself.      Registration of Industrial Design Rights becomes a valuable asset which gives the following benefits:

    • A substantial return on interest (ROI) as the popularity of the product is directly proportional to its reproduction and counterfeiting thus enabling swift legal action in preventing copycats and frauds thereby ensuring that the design is not diluted.
    • Infringement of designs can help owners obtain damages and recover costs for the same.
    • Registration of designs can help owners work on bettering their designs through Research and Development (R&D) on bringing out superior industrial designs thus making it harder to knock off or scale up manufacturing by infringers in order to copy the original designs.
    • Registered designs can be sold, licensed, franchised which can all earn royalty.  The same can also be used as a collateral to secure loans.
    • Industrial Designs complement even strengthen Trademarks hence making brand attention, brand association and retention, brand recall and usage much easier and interesting.
• Cost of Registration in TAIWAN

  • Please write a mail for the cost of registration of Industrial Designs Protection in Taiwan to the mail address given below:

    contact@paritypatent.com