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Do I need a patent, trademark or copyright in Taiwan?

Do I need a patent, trademark or copyright in Taiwan?

Still thinking about applying for a trademark? Or have you made a rather unusual discovery or invention? Or have you found someone else in the market who has plagiarized your paintings or designs? This article will take you to a preliminary solution.

First of all, before considering whether you or your company need the protection of patent, trademark or copyright in our country’s laws, you should confirm what the right to hear often is, which means that what is protected by so-called “intellectual property rights”? what conditions (requirements) must be met in order to be protected by the relevant laws?

The so-called intellectual property rights refer to the law’s “protection of the creative achievements of human beings using spiritual power” and the “protection of the order of legitimate industry competition”. Since they are recognized and regulated by the national legal system, they must meet the requirements prescribed by law in order to be protected. Different from the property rights of general tangible objects (movable and immovable properties regulated in civil law) that we usually see and touch, the nature of intellectual property rights is a kind of “intangible property rights”, which is independent of the ownership of tangible objects and has no direct relationship with the ownership of objects. It is an abstract right, and not attached to any tangible objects. The occurrence of intellectual property does not presuppose the existence of a tangible object and has nothing to do with the property rights of the attached tangible object. If the creator creates directly on the physical object he owns, he acquires an independent “intellectual property right” in addition to the original ownership upon completion of the creation.

There is no law in our country called “Intellectual Property Rights Law”, but by patent law, trademark law, copyright law, integrated circuit layout protection law, plant varieties and seedlings law, trade secret law and other laws on different intellectual property to be protected. In the case of a commodity, protection may be required under a number of intellectual property laws.

“It is protected by copyright, and any infringement will be prosecuted. ” It is believed that readers will often see it at the end of a book, on a web page or at the end of an article. Whether the above-mentioned copyright is expressed in this book or this article, what is protected by the copyright is not the “material object”, which is not the object protected by the intellectual property. The “material object” is only the carrier of the “spiritual creation” and the place of the “content of creation”. The real object protected by the intellectual property rights is the spiritual creation on the material object.

It is not uncommon to hear someone in the news accusing others of “copying” his work and infringing on his copyright, with the alleged plagiarist arguing that “It is purely coincidental” and that he is also “an independent creator”, did not infringe the copyright of so-and-so. In fact, the copyright law does not use the term “Plagiarism”. Generally speaking, the term “Plagiarism” should refer to the infringement that constitutes “the right of reproduction” or “the right to change one’s work”.

In practical matters, our country believes that the so-called “plagiarism” must meet two requirements. One is to prove that others have “contact” one’s own work, and the other is that the work of others is “substantially similar” to one’s own. As it would be difficult to prove “contact”, in practical matters, the possibility of high contact would also be inferred from the number, access, timing, visibility, etc. of the publication. Or when the work constitutes a “substantial similarity”, the possibility of “contact” may also be presumed if the alleged “plagiarist” has no means of proving “independent creation”. One way to prove “independent creation” is to keep a record of the creation process of a work, and the other is to prove that one’s own creation is completed before others’ creation or distribution. Because in terms of creation, it is impossible to start from nothing. There will always be some traces of the creative process to follow. These traces are the best proof of independent creation, and if you can prove that your creation is completed before others, of course, it can be inferred that there is no contact with other people’s works, so it does not constitute copyright infringement.

After reading the above description, do you think a patent, trademark or copyright is needed? The answer is yes. However, in terms of practical experience, most people do not know what their rights are and how to protect them. Therefore, an agent with professional knowledge is a very good helper for you, which can not only reduce your doubts about how to protect, can also make the actual layout protection for you. In this era of rapidly changing information, the protection of intangible assets has become relatively crucial. It is not yet known whether your valuable assets are being stolen by others in the online world. Therefore, if you want to know more about the strategies and plans of intellectual property protection, please contact us and let us give you more protection of intangible assets.

Benny Kong & Tsai © 2023

Benny Kong & Tsai, Solicitors

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