Faq

Question 1

What is service invention or creation? In this case, who should own the patent rights?

Accepted Answer

Service invention refers to the invention, utility model patent or design patent accomplished by an employee in his or her task execution under an employment relationship. According to Article 7-1 of the Patent Act, the patent application right and patent rights to the invention, utility model patent or design patent accomplished by an employee in his or her task execution, shall belong to the employer. In this case, the employer shall pay proper remuneration to the employee. However, it is not limited to the case separately agreed in the contract, in which what is regulated in the contract shall be followed.

Question 2

What is investor outsourcing of invention or creation? In this case, who should own the patent rights?

Accepted Answer

It refers to the invention or creation accomplished by someone employed by the investor for engaging in research and development. According to Article 7-2 of the Patent Act, the patent application right and patent rights of the investor outsourcing invention or creation shall be handled as agreed in the contract signed by both parties. In the case that it is not stipulated in the contract, the patent application right and patent rights shall belong to the inventor or creator, but the investor is allowed to utilize the invention, utility model patent or design patent.

Question 3

Trademark protection purpose

Accepted Answer

“Trademark” is commonly referred to as a brand or label which can be used to distinguish products or identify the specific source of a service. In order to avoid confusion and misrepresentation, protect trademark owner’s rights and consumers’ interests, prevent unfair competition and facilitate positive business development, the Trademark Act specifically states the grounds for forbidding others from registration and prohibition of trademark counterfeiting registration behavior.

Question 4

Why is it required to apply for trademark registration?

Accepted Answer

An applicant may apply for trademark registration by law to honor his or her merchandise or service. After acquiring trademark rights, others are not allowed to apply for registration with the same or similar merchandise or service using the same or similar trademark. The owner of the trademark rights is entitled to claim damage compensation against those who infringe upon his or her trademark rights and request infringement elimination. In the case that infringement is likely to occur, the trademark owner may request prevention of it. Nevertheless, those who use the same or similar trademark in the same or similar merchandise or service with a good intention prior to the date applied by others for trademark registration can be free from being restricted by the legal efficacy of the trademark rights of others. However, it is only limited to the merchandise or services originally applied for. In this case, the trademark owners may request putting on proper distinctive marks.

Question 5

Is there any difference between trademark and the name of a company or store?

Accepted Answer

The commercial name of a company or store represents the principal part of its business, which is equivalent to a person’s name, whereas a trademark is used to honor the source of the merchandise or services provided in the principal part of the business. The commercial name of a company or store can also be used as the trademark with the function being to identify the source but, other than simply showing the name of a company or store, a trademark also has the function for consumers to distinguish the merchandise or service source.

Question 6

How do you lodge a claim when finding that the words in your trademark are used by others as their company name?

Accepted Answer

The company name registered according the Company Law is still not allowed to be excluded from other statutory laws and regulations, such as the Trademark Act and Fair Trade Act, etc. In case of the words in a trademark being used by others as their company name, the trademark owner may follow Article 70 of the Trademark Act or Article 22-1 of Fair Trading Act to seek relief. As for compliance of individual cases with the aforesaid laws, the court or the Fair Trade Commission shall give judgment in their authorities according to the concrete evidence presented.

What is service invention or creation? In this case, who should own the patent rights?

What is investor outsourcing of invention or creation? In this case, who should own the patent rights?

Trademark protection purpose

Why is it required to apply for trademark registration?

Is there any difference between trademark and the name of a company or store?

How do you lodge a claim when finding that the words in your trademark are used by others as their company name?

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