Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
1.
Legal framework
1.1
What are the sources of patent law in your jurisdiction?
 
Taiwan
As Taiwan is a civil law country, the Patent Law (2017) is placed at the highest level in terms of binding power within the country’s patent law regime. Other important sources of law include the Enforcement Rules of the Patent Act, the Patent Examination Guidelines and the Important Notes on Patent Infringement Assessment issued by the Taiwan IP Office. The decisions of higher courts – in particular, the Supreme Court – may have a de facto binding effect on lower courts.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
1.2
Who can register a patent?
 
Taiwan
Where an invention, utility model or design is made by an employee in the course of performing his or her duties, the right to apply for a patent is vested in the employer, unless there is an agreement providing otherwise. Where this application right is vested in the employer, the employer shall pay the employee reasonable remuneration.

In other circumstances, the default rule is that the application right is vested in the inventor (or the creator of a design), unless there is an agreement providing otherwise. For example, where an invention is funded, the application right is still vested in the inventor, unless the funding agreement provides otherwise.

The application right is both assignable and inheritable.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices