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Draft of Amendments to Trademark Act Was Submitted by the Executive Yuan to the Legislative Yuan for Its Deliberation on December 23, 2010
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Taiwan Trademark Act enforced in 1931 and has been amended for 11 times. The last amendment was made in 2003. Since businesses and enterprises speedily develop and trade patterns are active and diverse in recent years, some articles of the Trademark Act are not applicable. Some stipulations regarding trademark infringement cause dubious interpretations of justice practices. The Singapore Treaty on the Law of Trademarks (STLT) integrating and coordinating procedure for applying trademark registration came into effect in March 2009. To meet the international standards, the relevant regulations stipulated in the STLT have been covered by the Draft of Amendments to Trademark Act, which was submitted by the Executive Yuan to the Legislative Yuan for its deliberation on December 23, 2010. The principle contents of the amendment are as follows:
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(1) Revising titles of chapters and sections;
(2) Stipulating protectable subject matters;
(3) Stipulating categories of trademark use behavior;
(4) Expanding protectable subject matters of trademark;
(5)Augmenting the regulation of exhibition priority.
(6)Stipulating situations regarding the insubstantial change of trademark representation;
(7) Augmenting the regulation of correcting errors of trademark application particulars and registered trademark particulars;
(8) Augmenting relevant regulations of co-ownership of a trademark right.
(9)Revising the reasons for non-registrability of trademark;
(10) Augmenting the regulation of restoration of rights for non-paying registration fee on time;
(11) Deleting the regulation of paying the registration fee in two installments;
(12)Revising the scope of reasonable use;
(13) Augmenting relevant regulations of exclusive license and non-exclusive license;
(14) Augmenting regulations for requiring evidence of use bearing the cited trademark of an Invalidation or Revocation Action within three years prior to the date of filing said action;
(15) Revising relevant regulations of trademark infringement;
(16) Augmenting relevant regulations of customs border measures;
(17) Revising relevant regulations of certification marks and collective trademarks
(18) Augmenting the regulation for punishment of infringing rights of certification mark;
(19) Augmenting the regulation for criminal penalties of knowing infringing goods and selling or intent to sell them through electronic media or internet; and
(20) Augmenting transition provisions.
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