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Amendments to Trademark Laws

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Aug 13, 2024 (Newsletter Issue 7/24)
Taiwan
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Guidelines on Hearing Procedures for Trademark Dispute Cases Amended


The Taiwan Ministry of Economic Affairs published the amended Guidelines on Hearing Procedures for Trademark Dispute Cases on June 11, 2024, which govern procedures in administrative trademark disputes at the Taiwan Intellectual Property Office (TIPO). The guidelines are effective on the same day.

The main amendments are as follows:

1. At least three examiners must be assigned to conduct the review collegially.
2. A provision is added to allow for preliminary hearings depending on the complexity of the case.
3. Hearings should be generally conducted publicly. If public disclosure would harm the public interest or cause significant damage to the parties involved, a request for a non-public hearing may be made.
4. If there is a change in the hearing date or location, cancellation of the hearing, or a change in the examiners, the notification and announcement procedures must be carried out again.
5. A provision is added to allow the presiding officer to moderately disclose their opinions on factual, legal, and evidentiary issues.
6. Hearings may be conducted via remote video conferencing, and the methods and legal effects of signing hearing records are established.

Source: www.jawhwa.com.tw