Intellectual Property lawyers in Taiwan (AS)

When hiring an intellectual property lawyer in Taiwan, look for these key qualifications:

• Registration with the Taiwan Bar Association
• Certification as a patent attorney by the Taiwan Intellectual Property Office (TIPO)
• Experience in your specific industry sector (semiconductor, biotechnology, etc.)
• Language capabilities (Mandarin Chinese and English)
• Track record handling cases similar to yours
• Knowledge of both Taiwan’s IP laws and international IP agreements

Many qualified attorneys practice in Taipei’s Xinyi District near TIPO headquarters, though firms in Hsinchu specialize in technology patents due to proximity to the Science Park.

Taiwan’s patent application process follows these steps:

1. Filing an application with TIPO in Mandarin Chinese
2. Formal examination to verify application completeness
3. Publication of the application (typically 18 months after filing)
4. Substantive examination (must be requested within 3 years)
5. Grant decision and payment of issue fees

Foreign applicants must work through a registered patent attorney in Taiwan. The process typically takes 2-3 years for invention patents. Taiwan operates on a first-to-file system, making prompt filing crucial. Patent protection lasts 20 years from filing date for invention patents and 10 years for utility models.

Taiwan’s intellectual property court system is centralized. The Intellectual Property and Commercial Court is located in Taipei City, specifically in the Shilin District. Established in 2008, this specialized court handles all IP litigation cases throughout Taiwan, including patent infringement, trademark disputes, copyright violations, and trade secret misappropriation. The court employs technical examination officers who assist judges in understanding complex technical matters. Appeals from this court go to the Supreme Court of Taiwan, also located in Taipei. The centralized system ensures consistent application of IP laws across all cases in Taiwan.

Trademark registration provides essential protections for businesses in Taiwan by:

• Establishing legal rights to pursue infringers in Taiwan’s courts
• Enabling collaboration with Taiwan Customs to block counterfeit imports/exports
• Creating a deterrent against local competitors using similar marks
• Building brand value recognized by Taiwanese consumers
• Providing a foundation for franchise or licensing arrangements

Taiwan follows a first-to-file system, meaning whoever registers a trademark first gains the rights, regardless of prior use. Unregistered marks receive minimal protection, making registration particularly important in Taiwan’s competitive retail and technology markets.

Patent attorney fees in Taiwan generally fall in the mid-range for Asian countries. For a standard invention patent application, attorneys typically charge between NT$60,000-120,000 (US$2,000-4,000), excluding government fees. Office action responses usually cost NT$15,000-30,000 (US$500-1,000) per response. These rates are lower than Japan or South Korea but higher than China or Southeast Asian countries. Factors affecting costs include technical complexity, application length, and the attorney’s experience level. Firms in Taipei’s financial district often charge premium rates, while those in New Taipei City or Taichung may offer more competitive pricing. Most Taiwan patent attorneys offer fixed-fee arrangements rather than hourly billing.

Companies should consider IP litigation in Taiwan when:

1. Clear evidence of infringement exists and can be documented
2. The economic impact of the infringement justifies legal costs
3. Cease and desist letters have failed to resolve the situation
4. The intellectual property right is properly registered in Taiwan
5. The statute of limitations (2 years from knowledge of infringement) hasn’t expired

Understanding these factors can help guide the decision to pursue legal action in the interest of protecting intellectual property rights.