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Operational Points on Hearings for Trademark Dispute Cases Amended by Ministry of Economic Affairs Effective 11 June 2024
Operational Points on Hearings for Trademark Dispute Cases Amended by Ministry of Economic Affairs Effective 11 June 2024
The Ministry of Economic Affairs of Taiwan has amended the Operational Points on Hearings for Trademark Dispute Cases, the basis for examining trademark disputes, in order to formulate a more thorough and robust hearing system that allows for timely remedies. The amendment became effective on 11 June 2024. Highlights include the following:
1. Where a party to a trademark dispute requests a hearing, it may only be held if the Taiwan Intellectual Property Office (TIPO) deems it necessary. (Section 3)
2. To strengthen the examination during a hearing to a trademark dispute, TIPO shall issue a notice of hearing and convene three or more examiners to jointly conduct the hearing. (Section 3)
3. Depending on the complexity of the case, TIPO may inform the parties to the trademark dispute that they must prepare for a hearing, the preparations for which shall be recorded. (Section 5)
4. Hearings shall be held orally and in public. However, where a party to a trademark dispute believes that a public hearing would violate the public interest or is likely to cause said party material harm, it may request to have the hearing closed to the public. (Section 6)
5. In the event of any change to the date or venue of a hearing, cancellation of a hearing, or a change of examiner, TIPO shall perform again the notification and publication procedures for the hearing. (Section 6)
6. Before a hearing ends, the presiding officials may disclose their moral conviction regarding the factual, legal, and evidential issues of the hearing. (Section 8)
7. Where a party, interested party, witness, appraiser,or attorney cannot attend or observe a hearing, the hearing may be conducted remotely. The methods of signature for such a hearing and their legal effects are also stipulated. (Sections 9 & 12)