2019-04-29
Amendments to the Copyright Act and Patent Act
Taiwan's legislature recently passed amendments to both the Copyright Act and Patent Act. The amendments to these Acts address the following key points:
1. The amendments to the Copyright Act aim to prevent infringement from providing or producing computer programs which collect unauthorized media. A person who (i) provides the public with illegal computer programs; (ii) guides or assists the public to download such computer programs; or (iii) manufactures, imports, or sells a product with such computer programs, shall be liable for civil compensation and criminally sanctioned with detention or imprisonment for not more than two years, or be a fine of not more than five hundred thousand New Taiwan Dollars, or both.
2. The amendments to the Patent Act provide for the following:
(i) The term of a design patent is extended from twelve years to fifteen years from the date of application.
(ii) Patent files such as application documents, description, claim(s), abstract, drawing(s) as decided by the authority to have the value of retention shall be kept permanently. Other documents shall be kept according to the following rules:
a. The authority shall keep the patent files of a granted invention patent for 30 years and for 20 years for those not granted.
b. The authority shall keep the patent files of a granted utility model patent for 15 years and for 10 years for those not granted.
c. The authority shall keep the patent files of a granted design patent for 20 years and for 15 years for those not granted.
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