Intellectual Property Management Standards of Taiwan: Development and the Status Quo

Oct/30/2006

I. Intellectual Property Management among Taiwanese Firms: Status Quo and Problems

1. Current status of management of intellectual properties among Taiwan-based enterprises

Way from Taiwan's participation into World Trade Organization (WTO) effective January 1st, 2002, huge impacts have been brought upon our domestic enterprises, since, apart from competition coming from giant international manufacturers, they have to meet challenges coming from elsewhere in the world. Besides, the arrival of a time when knowledge became an integral part of the economy in which we find ourselves, profits realizable to an enterprise depends largely on the control of market and on R&D of key technology, such that intellectual property alone is a sure key to the earning of profits and growth of modern enterprises to which admirable economical worth may be created commensurably.

Intellectual properties owned by the enterprise should make it such that corporate know-how is thereby transformed into marketable commodities to stand in a viable position among competitors. An overall observation of the management system in our domestic enterprises or organizations indicated that management of intellectual properties is scattered among Education or Training units, R&D units, Legal Service Units, rather than detitle with collectively or through flow control. Management of intellectual property as such by and large would fail to produce immediate or admirable benefits to the enterprise, serving at most to avoid occasioning of losses, in fact and indeed it is but through strategic exploitation of an intellectual property management system would it be possible to pursue a share of the market or to realize licensed proceeds.

2. Problems facing domestic enterprises with respect to management of intellectual properties

Renowned firms based in Taiwan and active in the prosecution of management of intellectual properties do so primarily because their executive realized how grave a loss could be incurred to corporate assets and corporate operation due to infringement charges, Taking the infringement charge by an alien firm against a certain domestic firm early January, 2006, for example, to reach a compromise a payment amounting to approx, US$85,000,000 was necessary, and that claiming a share of 10% of the Company's annual revenue, that lesson has taught the Company to pour mass resources in the establishment and execution of intellectual management system. In the Knowledge-based Economy of today, no top management of any enterprise or organization would deny the importance of the management of intellectual properties, understanding alone, however, would not suffice to push the Company getting to work forthwith, because the buildup of an intellectual property management system will of necessity incur a lot of costs, seeing the want of possibility to obtain any investment return all at once, most enterprises or organizations would have their intellectual property management systems designed essential to prevent infringement upon other part's intellectual properties.

Notwithstanding that our local manufacturers have gradually come to their senses as regards the importance of intellectual properties, larger scale ones, confronted with cutthroat pricing competition in the global market, is largely harassed with litigation on infringement of intellectual properties; whereas the medium and small businesses, owing to inadequate manpower and funding resources, were largely unable to go for in-depth development of intellectual properties, still, a key to consistent development of our local industries lies in a sound planning of the intellectual property management system, amid the current of the Knowledge-based Economy featuring the 2lst century, the creation and protection of intellectual property rights is a critical index to the upholding of our national competition.

So top issues on the agenda for competent authorities in charge of industrial sectors include; assisting local businesses or organizations to implement systematic management of intellectual properties, to retain, accumulate intellectual properties produced by its employees and convert same into intellectual assets, to thereby upgrade their competitive margin, this chain of efforts must be formed in a grand cycle encompassing all the staff, to stand firm and last.

II. Formation and orientation of Taiwan's standards on management of intellectual properties

1. The origin of Taiwan's regulation of the standards on management of intellectual properties

Impacts brought to local industries in the wake of Taiwan's participation in WTO have taught both the Administration and the Industry to realize, in the long run, that protection of intellectual strength and exploitation of intangible assets can redound much to build up competitive margin, Now that our nationwide economic and trade activities have entered global, international scale, the number one issue is to emphasize protection of intellectual properties if only it accounts to move further into transnational frontier and let our national competition be felt there, what's more, protection of intellectual properties is an obligation laden upon all the member states of WTO, and that consistent with our national interests Yet protection of intellectual properties is a comprehensive, integrally interrelated task demanding nationwide consensus, calling for unreserved cooperation across governmental, civil, administrative and legislative channels, if only any effect to be expected accounts, yes indeed it is but through an environment propitious to the safeguarding of intellectual properties can R&D tank go deeply rooted in this country, therein lies rightly a sure key to permanent survival of our nation at large.

The buildup of a convenient, effective and low-cost intellectual property management system in lieu of discrete controls seen traditionally in our local enterprises or organizations, will help the enterprises to effectively control and safeguard their intellectual properties, and that sub serving to protect their proper interests, reduce risks of theft, and restraint from encroaching upon the intellectual properties of third parties, besides, roytitleies through licensing arrangement will redound to corporate revenue, that paralleled with boosted marketing competition, intellectual properties protected and exploited as such will mark a resounding foundation for lasting development in our times where know-how alone is the king. The foreground being recited above, in 2003 and 2004 the Intellectual Property Office, a department of the Ministry of Economic Affairs (IPO for short), appointed Science and Technology Law Center, a unit under Institute for Information Industry (STLC for short), to establish an intellectual property management system suitable for local enterprises (Then known as “Intellectual Property Management System Standard”, in the hope that by the implementation of standardized intellectual property management procedure and promotion of same, local enterprises may remain less likely to getting involved in infringement charges, among other benefits foreseeable with exploitation of properly owned intellectual property rights.

2. Orientation of Taiwan's intellectual rights standards

On December 9, 2004, the Ministry of Economic Affairs held a Conference on “Deliberation on the instituting and promotion of standards for the management of intellectual properties of Taiwan”, whereat a resolution was reached to work for Taiwan Intellectual Property Management System basing on the Intellectual Property Management System Standard proposed by STLC under trust for Intellectual Property Office, eventually it is hoped that through national standard certifying processing said Intellectual Property Management System Standard be instituted as our National Standard, to build up a nationally acknowledged credibility. Enterprises would then be encouraged to introduce for themselves a certifying mark once entitled through certification, and efforts will follow to see that the Intellectual Property Protection System be instilled in day-to-day realities, the whole system would by then be promoted internationally so that the image of our nation as an active protector of intellectual properties will one day be known to the world at large.

However, as it will take years to have a national standard institutionalized, moreover, the enterprises at large are not sufficiently informed with the notion of the management of intellectual properties, the first step might well be to build up an Intellectual Property Management System Rating Scheme, to be followed with specification of supplemental procedures, and the same on completion, be recommended to the industry circle, and progression to applying for national standard would begin only if extensive consensus is obtained in the first place, paralleled with correlation with international realities, After the task was transferred to the Industrial Development Bureau of the Ministry of Economic Affairs (IDB for short), in 2005, it was reoriented to the positioning of industrial specification, that anyway helps local enterprises or organizations to build up a wholesome intellectual property management system.

To adapt to industrial convention respecting specifications, the Intellectual Property Management System deliberate herein is named “Taiwan Intellectual Property Management System” (TIPS for short). The TIPS which is in the charge of the IDB is indicated for autonomous introduction by individual enterprises or organizations, in the hope that a systematic model for the management of intellectual properties would help correlate existent hardware facilities with ad hoc Intellectual Property Management so that a convenient, effective and low-cost management system be easier founded for the enterprise or organization concerned, in place of traditional trivial, random management practices

3. Process of formation of Taiwan intellectual property management standards

While the establishment of Intellectual Property Management Standard was still in progress for the STLC, there was already lots of matured management standard system among international communities for consultation, including, for example, the ISO Quality Management System. So eventually in 2003, 2004, the Intellectual Bureau encrusted the STLC to analyze the ISO9001:2000 Quality Management System in terms of its spirits and structures, and to look into the possibilities for combination with Intellectual Property Management as well, so that, in the affirmative case, what needs be done is to work out an Intellectual Property Management Standard to which all kinds of business and industry may fit, and that will help to achieve procedural flow, efficiency and standardization all at the same time.

The ISO9001:2000 Quality Management System is a standard established by ISO (International Organization for Standardization), and which is currently a Quality Management System running around the world. In the year 2000 ISO combined through amendments of ISO9001, ISO9002 and ISO9003 published titleogether in 1994, to form ISO 9001:2000. ISO 9001:2000 since replaces all the previous standards and stands as the only and sole standard for certification, featuring emphasis on the consolidated functioning of Quality Management Systems and the target for comprehensive Quality Management.

The ISO 9001:2000 based the entire system structure on PDCA Management Cycle (Plan-Do-Check-Action), way up from the Management Level, setting corporate quality policies and targets as dictated by customer needs, whereby planning of corporate resources is decisive in production and service outputs, what with measuring and monitor mechanism to persistently improve functioning of the entire quality system. With respect to various operational procedures in an enterprise or organization, a four-step PDCA comprising: (1) Plan, whereby quality policy is formulated; (2) Do; (3) Check, as to the outcome of what has been done; and (4) Action, corrective and preventive by nature; will intervene to help resolve problems as they arise and hence, achieve the targets.

Abiding by aforementioned PDCA model, the STLC will firstly incorporate the Intellectual Property Management Standard into ISO 9001:2000 Quality Control System, thence consult the ISO system structure to split into 0 to 8 units: General Description, Scope of Application, Reference Standards, Definitions, Intellectual Property Management System, Management Commitment, Resource Management, Procurement, of Intellectual Proprieties, efforts as such should help the enterprises to promptly set up hard environments necessary to the management of corporate intellectual properties, and make the STLC easier in lending a hand to facilitate substantive functioning of corporate intellectual property management systems.

Intellectual Property Management Standards incorporated to ISO system will prove more structurally effective, and help the enterprise to rapidly lay a foundation for the management of their intellectual properties, so that hopefully they may more effectively manage, make use of their intellectual properties, whereby to fortify their competitive margin, so that in the long run the overall international competitive margin of our industries is upgraded. A common goal for the design and setup of intellectual property, management standards lies in searching for the maximum possible assent from the industrial society so that an auditing or certification platform be created to benefit the intellectual property management system that is working for any enterprise or organization in this country, in order for such systems one by one will necessarily conform to prescribed standards, minimum requirements from given organizations or stipulated in statutes inclusive, not to mention the ultimate goal of better protection and exploitation of intellectual properties, in a lawful and satisfying manner.

However, as yet no consensus has been reached as regards the establishment of a national standard respecting management of intellectual properties, yet there is still a need for management of intellectual property rights among local enterprises or organizations, to offer the utmost assistance possible to them all, the Ministry of Economic Affairs has taken the initiative to revise what was once Intellectual Property Management Standard into Intellectual Property Management Specifications, and such is positioned as an industrial specification. By instructive posture, subjects considered suitable to accept said Intellectual Property Management Specifications include all kinds of organizations irrespective of their category, scale, products or services offered. Even units or ad hoc groups in a given organization may qualify for inclusion, including, for example, a company in its entirety, or a specific division of that company, a laboratory or production program.

4. Anticipated Benefits

That the IDB is sparing no effort in the preparation of Intellectual Property Management Specifications is underlined with multiple objects, to offer a unified structure for the management of measurable intellectual properties, to help enterprises simplify their procedures of management of intellectual properties, to enlighten the object enterprises or organizations with the understanding and what to expect from an Intellectual Property Management System. If only management of intellectual properties is incorporated into routine operation of an enterprise whatsoever, and that concept spread afar internationally, that would certainly help to build our national image as a country that is brave enough to initiate protection of intellectual properties. In the mean while, with ever increasing demand for the setup of intellectual property management systems, a reality as such in the foreground, a good chance is struck to enlarge the service market or intellectual property management services emanation from Taiwan, and that sub serving to the development of know-how service industry, a surplus for the service industry by any rate.

An enterprise or organization by the establishment of intellectual property management system may expect the following benefits;

  • Increased competitive strength and creation of additional value. Once an Intellectual Property Management System is there, the facilitation to maximize intellectual properties will redound to corporate competition, while help creation more of additional value. Taking our sports implements industry or the vehicle lights manufacturers in Taichung area for example, intellectual properties are present in the products and in the production process as well, to make available diversified options for the purchasing parties, thereby greatly enhancing additional value to the products, interpreted to mean more profits realizable over pure OEMs.
  • Avoidance of vicious cycle, increased will to placement of purchasing order. If only optimum use is made of intellectual properties such that they are represented in the products, in the process or even in the technology itself, Taiwanese manufacturers who are basically OEMs may avoid the painful dilemma of vicious competition, and may even make it may avoid the painful dilemma of vicious competition, and cay even make it for overseas buyers to be core willing to place orders, Taking again as an example a TIPS induced manufacturer, 2005, the Universal Scientific Industrial Co., Ltd., after the USI has built internal intellectual property management system pursuant to TIPS specifications, alien clients on the point of placing orders may very soon be adequately informed with the model the USI takes respecting their management of intellectual properties, satisfied that the products being purchased are largely safe from infringement of other's proprietary rights, the alien buyer may be willing to place more and greater orders.
  • Reduced management costs, creation of greater profits. Most Taiwan-based medium and small businesses are far from being able to input mass manpower or material resources simply to build up systematically structured intellectual property management system. The meaning of introducing TIPS specifications lies simply in the close embodiment of existent hard equipments with management of intellectual properties for any intending enterprise whatsoever, so that a full set of convenient, effective and low-cost management may come into being in lieu of random and discrete management practice which has been the case for years or even for generations. Obvious benefits with such an arrangement include protection of proper interests, preclusion of encroachment upon the proprietary rights of third parties, and perhaps the possibility of granting licensing arrangements to earn roytitleies for the company.

III. Implementation of Taiwan Intellectual Property Management Standards: History and Current Situation

From 2006, the way to promoting the Intellectual Property Management System is prosecuted in the form of specifications submitted to industries in the hope that industries would establish their own intellectual property management systems using such specifications, through systematic flows, efforts as such should help to boost corporate competition, and the keynote has therefore shifted from once where it was, that was, verifying if a given industry had introduced and honestly follow specified Intellectual Property Management System against given standards. What follows below is a phase-wise account of the history of implementation of Taiwan's Intellectual Property Management Standards:

1. Trial Phase

Emphasis placed on Intellectual Properties following Taiwan participation in WTO has driven the IPO to appoint the STLC to formulate a full set of standards for the management of intellectual properties based on a structure and morale embodying ISO 9001:2000 Quality Control Systems, and the same intended for trial introduction into local industries in addition to personnel training and promotion purposes. In this phase important businesses on the agenda include:

  • To launch the institution, the intellectual property management standard will be firstly introduced into three manufacturers beginning in 2004, whereby manufacturer's comments collected in the counseling process will turn to account for reference for amendment considerations respecting said Intellectual Property Management Standard, with outcome of the introduction serving as a model for other manufacturers.
  • As regards promotion, suitable promotion scheme will be put into effect to introduce Intellectual property Management Standard to enterprises or organizations to which predecessor experiences will be supplied as well, whose newly gained experiences would be shared among other enterprises for reference in Outcome Sharing Party activities.
  • As regards counseling input, there have been 3 manufacturers in 2004, Asia Optical Co., Inc., Cheng Uei (Foxlink) Precision Industry Co., Ltd. and HiTRUST Inc., receiving trial introduction of Intellectual Property Management Standard whereby each has had their own Intellectual Property Management System established.
  • As regards personnel training, seeds have been chosen who, after having received training on relevant curriculums, betook themselves to assisting enterprises or organizations introducing Intellectual Property Management Standards, this in turn benefits the seeds with on-job experiences such that they turned out better prepared to demonstrate counseling, assessment capabilities in the face of future promotion tasks,
  • As regards R&D tasks, consistent brainstorming for the working of supplemental or operating procedures necessary for the promotion of Intellectual Property Management Standards, prepping up comprehensive implementation programs based on experiences accumulated over practical and personal involvements.
2. Demonstrative Introduction Phase

Since promotion task is passed to the IDB in 2005, efforts to institute Intellectual Property Management Standard switched to introducing Intellectual Property Management Specifications where the top concern is to be helpful for the industries concerned. On the basis of as is Intellectual Property Management Specifications and prep up verification mechanism;

  • Seen in the result of institutional promotion, out of stipulations and regulations conditioning the promotion of intellectual property management system that is persistently deliberated by the STLC on behalf of the IDB, a total of 11 documents nave been released pertinent to supplemental procedures and relevant date, plus up to 10 errands comprising reviewing of statutory provisions and effecting of major amendments.
  • As regards promotion efforts; done are printing of notes on application of counseling services, brief introduction of Intellectual Property Management System, Specification of Intellectual property Management System, Paragon of Management Handbook and Guide to Assessors. Promotion efforts were consummated in 3 promotion seminars which took place in the north, central and southern part of Taiwan respectively, also done is an outcome share party where the protagonist is paragon manufacturer introducing the system in question; cooperation has been an event with Economic Daily News which has given an in-depth coverage on paragon counsel case. Forum on the media Economic Daily News whereat reputed scholars on intellectual property issues and experts in practice, such as Professor Ming-Yan Shieh of National Taiwan University, Professor Chung-Jen Cheng of Shih Hsin University, have been attending.
  • As regards counseling for introduction, a total of 8 middle or smaller businesses have been successfully counseled into introduction for exemplification purposes in 2005, they are: Yulon-Nissan, Asia Optical Co., Inc., Advanced Connectek Inc. (ACON), Meifu Technologies, Universal Scientific Industrial Co., Ltd. (USI), Cycling & Hetitleh Tech Industry R&D Center (CHC), Apex Nanotechnology Corporation, and AURORA Office Automation Corp. 4 counsel execution meetings have been held, plus one Pre-assessment Seminar, on-the-spot written evaluation has been conducted with respect to 8 exemplary induced manufacturers.
  • As regards personnel training, a total of 98 person-rounds have benefited under training programs encompassing: induction seeds, internal auditors, exemplary counselors, reserved seeds.
3. The Weighted Promotion Phase

Following conclusion of infrastructural consolidation in 2005, diagnostic service was given to have a close check on existent intellectual property management system that was working in enterprises and organizations, this effort in concert with experiences accumulated through exemplary inducement, in 2006, in order to find out actual needs against differentials in place for promotion and rectification of the specifications in use of the management of intellectual properties:

  • Institutionally, way from 2006 the unified designation “Taiwan Intellectual Property Management System” (TIPS) will apply as a common technical specification in sectors including: industry, government, schools, R&D interests, Follow-up promotion tasks will continue in the form of a team comprising interested scholars, experts invited by the grace of the Industry Bureau, in charge of strategic planning, execution, supervision, and literature screening.
  • As regards promotion and propagation, in 2006 it is largely through self-assessment and evaluation, to which participation is on a voluntary basis with notices served on induced enterprises of organizations, To spread afar the inducement movement so that more and more people are adequately enlightened with what is all about TIPS, a total of 3 instruction seminars have been sponsored in the north, central and south to go pursuant to the inducement experience concluded in 2005, plus several occasions of manufacturers’ conceptual exchange meetings.
  • As regards counseled inducements, a total of 30 manufacturers have benefits under the TIPS diagnostic service as offered, they are: Tatung Co., Taiwan Design Center (TDC), King Car Industrial Co., Ltd., Systex Corporation, National Nano Device Laboratories (NDL), National Center for High-Performance Computing (NCHC), Chi Mei Frozen Food Co., Ltd., Eastech Electronics (Taiwan) Inc., Lee Chi Enterprise Co., Ltd., WisTek, PRIT Biotech Co., Ltd, Intech Taiwan Corporation, Yeastern Biotech Co., Ltd., Yangsen Biotechnology Co., Ltd., Apex Biotechnology Corp. (ApexBio), Taiwan Electric Voice Co., Ltd. (TEV), Gewise Industrial Inc., SportsArt Industrial Co., Chien Yuan Food Chemicals Co., Ltd., Unicare Biotechnology Corp., Tek Maker Corporation, Chi Lin Technology Co., Ltd., Ihetitleh Co., Ltd., A3000 System Co., Ltd., Standard Chem. & Pharm. Co., Ltd., Jwo Ruey Technical Co., Ltd., Omni Hetitleh Group, Alinc Taiwan Co., Ltd., Marie International Co., Ltd., S.Z.S. Co., Ltd., each of them outstanding and highly revered in their respective field of avocation. From them 5 manufacturers have been chosen to account for exemplary TIPS inducement cases, these are: TDC, King Car Industrial Co., Ltd, Systex Corporation, Yeastern Biotech Co., Ltd., SportsArt Industrial Co., to demonstrate how the recommended Intellectual Property Management Specification works in reality,
  • As regards personnel training services: one round of Tips inducement trainee course and one round of TIPS self-assessment trainee course have been sponsored to benefit a total of 91 person-rounds 16 professionals have been entered on registration as counselors, one round of assessment commissioner pre-task seminar has been sponsored.

IV. Outlook of Future Planning

Based on the consensus reached in “Conference to Work for the Instituting and Promotion of Taiwan Intellectual Property Management Standard” sponsored by the Ministry of Economic Affairs, universal promotion of the intellectual property management system will be implemented continually in phases so that same may be introduced to industries different in scale or fields of interest with more flexibilities, comprising both enterprises and organizations:

  • Institutionally, specifications will adapt to the scale and classification of the industry concerned, with possibilities to allow for the planning of simplified versions and industry-specific versions, besides, the introducing of TIPS specifications will inevitably incur the necessity of integrality with existent ISO systems, owing to limited timing allowed for counseling intervention, the Industry Bureau will firstly strive for the buildup of TIPS with as many as possible manufacturers. Embodiment of ISO with TIPS is a precondition to introducing the latter, since ISO is an internationally recognized standard, in so far as TIPS fails to be combined with ISO, to target industries the inducement task is always a mission impossible,
  • As regards promotion and propagation, the government is planning to qualify industries to which the suggested intellectual property management system has been introduced successfully as eligible for extra score when they go applying for benefit under Creative R&D Counsel Plan, or for favorable terms in closing same plan, this as an incentive to induce more manufacturers, Being considered is the editing of Inducement Manual which would include introduction of exemplary cases, exemplary inducement procedures, to help build up interchange of inducement experiences among manufacturers, More concrete encouragement means will be offered to pilot manufacturers who are willing to set themselves as paragon in the inducement movement, and manuals disclosing governmental resources relevant to the issue of intellectual properties will be compiled for manufacturers' reference; sponsoring promotion seminars addressed to specific group of manufacturers, whereat pilot manufacturers will give an account of their own initiation experiences.
  • As regards inducement counseling, a review of the background of manufacturers to which TIPS has been introduced will yield the notion that most of our traditional industries or medium and small technique R&D oriented concerns fell short of the manpower and experience necessary for management of intellectual properties, so they very much need and wish that the government assist them to build their own Intellectual Property Management System. To alleviate cost burden on the intending enterprises or organizations, being envisioned is enlargement of scope of reach of services in coordination with e-mail dominant autonomous verification system, phase-wise inducement mode may be introduced eventually to help reinforce the autonomous verification software capabilities, and to assist induced plants in operation. Currently the target is set at reaching titleogether 300 manufacturers who are able to run autonomous verifications under TIPS by the year 2008, meanwhile 50 rounds of TIPS external assessments are completed for the manufacturers and titleogether 120 clients having received TIPS diagnostic services.
  • As to personnel training, being continually sponsored are training courses, under planning are certifying training agency buildup programs so that the training service may spread wide afar, by the year 2008 a total of 280 TIPS professionals will have been turned out due to training efforts; it is believed that more individuals would be attracted by appealing on the importance of intellectual properties with respect to corporations and individuals alike, so as to prolong and spread benefits by reason of resource input.
  • As regards R&D progressions, as incessant improvements, researching efforts are indispensable to the buildup of impeccable intellectual property management system; current status of intellectual property management among local industries will be surveyed persistently in parallel with studying of present status of intellectual property managements around the world.

It is hoped that through personnel training, what with publication, exchange and transmission of experiences accumulated with intellectual property management system or institutions, incessant improvement of intellectual property management system, setup of evaluation scheme respecting and so as to make more wholesome intellectual property management systems, the day will come sooner for “Wholesale and universal institutionalization of generalized intellectual property management systems across the manufacturers, legal persons, consortium in particular, researching institute throughout Taiwan” to come true.

V. Conclusions:

A Reliable statistic source in 2006 claimed that the percentage of commercialization by local manufacturers to whom patent rights have been granted against application is merely 0.3%, which figure is 10 times behind the corresponding average in international communities, the latter being 3% It is advisable for our manufacturers to realize that innovation and intellectual property management are independent of capital resources, management subsequent to the acquisition of patent privileges must never go slow or put aside. The prime object of implementation of TIPS by the government is to push for universal buildup of intellectual property management system so that local manufacturers whose interests are associated therewith may best exploit as well as protect their properly owned intellectual privileges thanks to subsequent relevant planning, that they be alerted to application of patented rights once granted to them.

For any enterprise or organization to establish their own intellectual property management system after TIPS, they will have to understand in the first place their own strengths and weaknesses and orientation for future operations, they will then fix defined policy and corporate objective, and that supported by the top management level, the next step, is to decide as to whether an ad hoc unit be installed by taking into consideration corporate scale and resources, or if it is more desirable to commission intellectual property management to outside concerns. Creation of intellectual property depends upon the character of corporate products, the setup of an intellectual property management system is meant to manage the creation, up keeping and application of intellectual properties, the training mechanism functions to promote conceptions about intellectual property by instilling same among corporate employees, concrete safety guarding measures are required to physically protect intellectual properties. Safeguarding operations to provide protection of intellectual properties must be checked periodically, the PDCA model will intervene to appropriately amend both policy directive and systems of intellectual properties so that the system may best achieve its intended purposes by incorporating the auditing, accounting and financial management of intellectual properties at the same time.

Fair and just verification scheme will be built to verify what happens to an industry to which the system has been introduced for some time, so that the industry may remain alert as to where it stands in the system; the need for counseling services arising as a result of corporate aspiration to pass evaluation will help create a market of counseling service addressed to service industries intending to offer systematic management services to needy clients, Then corporations or organizations will sooner pay more attention to the management of intellectual properties, while knowledge service industry will develop and prosper in like measure, the causes interacting with each other to bid birth to more innovation and growth, and Taiwan is brought closer and closer to fulfilling its affectionately nicknamed designation: Intelligence Island.

※Intellectual Property Management Standards of Taiwan: Development and the Status Quo,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=55&tp=2&i=171&d=6120 (Date:2025/07/06)
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To sum up, Singapore earns recognition for aggressively proposing amendments and assigning responsibilities after setting IP target and evaluating obstacles; however, it is better to pay special attention to that if the market can keep up with administrative efficiency or if the IP strategy could accord with the demands of the market.

Mainland China changes domestic regulation for game consoles

In 2000, the General Office of the State Council of the People’s Republic of China issued “the Notice on Launching a Special Campaign against Illegal Electronic Game Rooms”(國務院辦公廳轉發文化部等部門關於開展電子遊戲經營場所專項治理意見的通知). From then on, Mainland China has strictly enforced prohibition on gaming consoles, however in December 21, 2013, “the State Council released the Comprehensive Plan for the China (Shanghai) Pilot Free Trade Zone, the State Council’s Decision to Temporarily Adjust Relevant Administrative Laws and State Council Regulated Special Administrative Measures for Approval or Access in the China (Shanghai) Pilot Free Trade Zone”(國務院關於在中國(上海)自由貿易試驗區內暫時調整有關行政法規和國務院文件規定的行政審批或者准入特別管理措施的決定). As a result of the thirteen year long prohibition on game consoles, the development of the game consoles market has been limited in Mainland China, while mobile phone and online games have dominated the video games market in the country. Mainland China’s lifting of the ban on game consoles will lead to a reshuffling of the gaming market, and is certainly worth a deeper look. This following article will review the evolution of the gaming regulatory policy in Mainland China over the recent years, and identifies the changes and problems that may arise during the deregulation process. The sale of game consoles has been prohibited in Mainland China since 2000 According to “The Notice on Launching a Special Campaign against Illegal Electronic Game Rooms” issued by General Office of the State Council in 2000, “companies and individuals were prohibited from the manufacture or sale of game consoles, as well as the production or sale of related accessories”. As a result, the mobile game consoles and the television game consoles both lost their legitimacy in the video game industry in Mainland China. The stated intent of the ban against video arcades was to protect the youth and ensure public order. And yet, in spite of potentially impacting youth in a similar manner, the online game sector has been listed as a key industry for development and has been strongly supported by the government. This has clearly contradicted the reason of banning the game consoles. Thus, the major console manufacturers, Sony, Microsoft, and Nintendo, have been trying in various ways to enter the Chinese market, and have called on the Mainland China government to open their domestic market for the sale of game consoles. Announcement of reopening the sale of game consoles in China (Shanghai) Free Trade Zone in 2013. After thirteen long years, the State Council issued the “the Comprehensive Plan for the China (Shanghai) Pilot Free Trade Zone”, permitting foreign enterprises to produce and sell game equipment in the Free Trade Zone. Five days later, Blockbuster that under Shanghai Media Group announced a cooperation with Microsoft in a joint venture company within the Free Trade Zone, claiming their main business as " design, development, production games, entertainment applications and derivative products; sales, licensing, marketing and production for third-party games and entertainment applications software; technical advice and services related to video games ". In December 21, 2013, “the State Council released the Comprehensive Plan for the China (Shanghai) Pilot Free Trade Zone, the State Council’s Decision to Temporarily Adjust Relevant Administrative Laws and State Council Regulated Special Administrative Measures for Approval or Access in the China (Shanghai) Pilot Free Trade Zone”, officially lifted the prohibition on game consoles in the Free Trade Zone, and also opened the gates to investors. Potential problems facing China’s game consoles market As the case study above describes, Microsoft chose to enter the Mainland China market through a joint venture, the main reason being that foreign investment in entities engaged in internet data operations is still prohibited in China (Shanghai) Free Trade Zone. Thus, Microsoft will need to rely heavily on Blockbuster for the data operation and set-top box business license, which was the main subject as the Internet service content provider. In addition, apart from the joint venture between Blockbuster and Microsoft, there are two other companies in the industry: Sony and Nintendo, which retain a large part of the game consoles market, but have not taken action at the moment. These two companies have a pivotal position in the game consoles industry, and therefore it is predicted they will likely follow the Blockbuster and Microsoft example to look for a license holder vendor as a way to enter the mainland China market. On the other hand, at the end of June 2014 the updated announcement regarding the China (Shanghai) Free Trade Zone “negative list”, still clearly stated that foreign enterprises in the Free Trade Zone are “prohibited from direct or indirect participation in online game operations and services”. Due to the trend among game consoles towards online connectivity, the classification of related games as online games, and prohibition of foreign enterprises from entering this space, domestic game developers have enjoyed a safe monopoly over the industry in Mainland China. But if the industry is not restricted under the scope of foreign operation of online games, and foreign enterprises may be allowed involvement in the management of their operations directly or indirectly, “fully localized” online game industry in Mainland China may be challenged in a noticeable way. In addition, although Mainland China has begun to loosen control over game consoles, the publication of electronic publications licensed by a foreign copyright owner (including online gaming works) will be determined under the General Administration of Press and Publication (新聞出版廣電總局). An enterprise who wishes to enter the Mainland China market has to create content which is able to pass a content review, at the same time maintaining the original integrity of the game. Moreover, consumers in Mainland China have long been accustomed to "cheap" or "free" Internet games, so are they going to change their behavior and be willing to pay for their games? These are big obstacles to be overcome by the industry.

A Survey Study on the Intellectual Property Management amongst Taiwanese Companies

J. Kitty Huang Chien-Shan Chiu Background In order to provide insight into intellectual property (IP) awareness, the status quo as well as potential hardship and demands arise over IP management, STLC was commissioned by IDB (Industrial Development Bureau) to conduct a survey study in June 2010. In this article, we provide briefings on the contents, research methodology and major findings of this study. About the research The survey questionnaire was sent by means of emails or posts to a total of 1000 business establishments randomly generated from the registration data facilitated by the Ministry of Economic Affairs. This was also the first time that such a survey has been envisaged on such a comprehensive scale, covering businesses located around Taiwan with the aim being to produce an in-depth analysis into IP management in various industries including manufacturing, precision machineries, photonics, bio-medicals, info-techs, semiconductors etc. Sixty-five percent of the respondents have less than fifty employees and the overall response rate achieved was 13.1%.1 A continuing need to strengthen IP awareness is required The first section of the questionnaire dealing with IP awareness gauged respondent companies IP knowledge and understanding through a series of questions relating to IP law and practice. When asked whether formal registration was necessary to obtain a range of intellectual property rights (IPRs), over 70% of companies replied with correct answers, namely patents, designs and trademarks. However, through other questions at a more advanced level, the responses revealed a general lack of knowledge in IP law and hence a continuing need to strengthen IP awareness is required. For instance, overall 70% of companies know that obtaining patents will require formal registration, yet surprisingly even of these over 50% incorrectly thought the manners of patent utilization, such as making products, will not result in infringing others IPRs. This result arguably suggests that respondents are in the main unaware that a patent does not give the patent owner the right to exploit the patented invention himself, but rather, he has only the “exclusive right” to stop others from doing so. For another instance, whilst 32% of respondents inaccurately thought that a formal registration is required to obtain copyrights, nonetheless this does not equate to the result being a near 70% of companies have a full and correct knowledge in regard to copyright. When faced with a slightly more obscure question of who would own the copyright in commissioned work (such as website creation) in the absence of a contract, 26% of companies didn’t know and 30% answered incorrectly. On the same token, though only 10% of respondents erroneously believed that trade secrets would require a formal registration, when asked whether the company’s client list may be a trade secret, the number of correct replies (61%) drops sharply when compared to the previous one. Though intended as a question to discriminate at the upper levels of trade secret awareness, the replies are more likely to reflect a lack comprehension of the subject among Taiwanese companies. The important message arise from the overall scales in the first section of the survey is that the need for IP awareness promotion and enhancement amongst companies in Taiwan still exists. Lack of IP expertise is a major barrier In the second section of the questionnaire companies were asked a series of questions which were intended to measure the status quo through the extent of IP management practices. Perhaps one would agree that the issue of perceptions of the importance of IP to a company is greatly linked to how effective it manages them. When asked to indicate reasons as to why IP is important to their business, the replies were rather polarized. The two most popular reasons were “means to differentiate from competitors” (33%) and “to prevent infringement” (30%). The distinction between the two is clearly that the former reason is relatively active and strategic whilst the latter is perceived to be passive and defensive. On the other hand, “to retrieve the cost of R&D” (4%) and “to attract more investors” (5%) are least likely to be seen as the reasons why IP is important to them. The results may suggest that generally speaking, Taiwanese companies tended not to utilize their IP to generate revenues nor correlate them with the business strategies, but rather, see them more of a shield to avoid infringement. Companies were asked what IPRs they own and the most common ones are trademarks (21%) and utility patents (20%), with invention patents (14%) being the third on the rank. In contrast only 2% of respondent companies own copyrights. While such result may be attributed to the overall structure of the industry, it may also link to the observation that most companies not merely lack the comprehension of copyrights but may also not be aware of owning such IPR. Furthermore, it is also surprising to find that 45% of respondents do not own any IPRs. The absence of IPRs within these companies is perhaps a key indication of poor awareness and inactive management of IPRs amongst many Taiwanese companies. To measure the extent of IP management is not easy as the intensity of it differs both by sector and by size. Therefore, the task is achieved through 9 questions designed on the concept of PDCA (plan-do-check-act) process which would allow the respondents to review and find out any inadequacy in their IP management as they proceed. One would expect that those companies with effective IP management would take care to evaluate the various IPRs required at different time intervals. Whilst all of the answer choices are considered to be “important timings”, for example “when planning for new skills/products/business” and “when further investment in IP would enhance defense (such as infringement prevention); yet the results revealed that over 60% of the companies did not perform such evaluation at whatever timing. This may suggest that in general, companies in Taiwan are inadequately concerned with the evaluation process within their management of IP. Such a result may consequently make them ignoring means to prevent infringement (such as checking competitors’ IPRs and prior-art search) or pay attention to regulation updates. Effective IP management indisputably requires certain monetary inputs. Companies were asked whether they have regularly spent on obtaining and maintaining IPRs the firm owns, and remarkably only about 36% of respondents answered this question. In addition the companies were asked about how much they spent on “application fees”2,“incentives offered to inventors”, “spending on HR” and “other expense”. Only a paltry 6% of all respondent companies spent on all the abovementioned categories and mostly up to the amount of NT$100,000 (roughly USD$3300) per each. Linked with the spending on IPRs is perhaps whether companies have designated staff responsible for managing IPRs or have a separate IP department. Again, 70% of respondents replied negatively to this question and only 10% of some larger companies (with over 200 employees) have specific personnel or department designated to assume this responsibility. The results may indicate a general lack of expertise in managing IPRs as a barrier to leveraging full value of them as well as making proper legal decision in the event of IP related disputes Companies were asked how to protect their IPRs through a variety of methods of protection though the majority (over 72%) didn’t implement any of them. The most highly identified method being “protect core skills by patents”, however, only 35% of companies adopted such protection. Furthermore, roughly 76% of the companies did not conduct training in IP issues for employees, and over 75% did not attempt to assess the efficiency of their management of IP. The explanation to the above is conceivably a general lack of IP expertise due to inadequate monetary inputs as well as perceived high costs for IP specialists within the company. The results ultimately reflect an inefficient execution of IP management in the massive Taiwanese companies. Most companies have only limited resources The final aspect of IP management that has been surveyed is the hardships occurred and accordingly the resources sought to solve them. When asked what are the major difficulties in the process of managing IP, the most common answers were “high expenditure on filing and maintenance” (18%), “lack of professional advice” (15%) and “regulatory complexity” (15%). These results are arguably all related to the facts already discussed in the afore-mentioned paragraphs. In general, the survey revealed that most companies have only limited resources and therefore highly demand external aids such as government funding or projects to help soften the hardships and improve their management skills. Accordingly, “unifying resources for enhancing IP management through a mutual platform” (22%) and “facilitate industry peer networks” (21%) being the most popular resources sought. Furthermore, 14% of the respondents indicated their urge to receive “on-site expert assistance”, and a remarkable 90% of the respondents have never been aware of the TIPS (Taiwan Intellectual Property Management System) project, which is one initiated by the government to help companies set up a systematic IP management system. As a result, efforts to promote the TIPS project should be further devoted as the initial step to assist companies strengthen their IP awareness and management skills. Conclusion The results of the survey present the status quo of IP management amongst the companies in Taiwan which is proportionally consistent with their IP awareness as well as hardships and resources sought. The present study shows what one might expect, that is larger companies tend to be more IP aware and have greater resources to manage their IPRs, whilst the rest of others (especially SMEs) are in the main inadequately aware of IP, which is crucial to enhance active IP management within and throughout their firms. While various resources are highly demanded, perhaps the government should firstly take steps to promote that awareness within and throughout their organizations. Linked with this is the second important point which is that further promotion of the TIPS project should be aimed at not only enhancing IP awareness but also assisting companies to better manage their IPRs. IP management is essential to preserve IP created by companies and the TIPS system would enable companies to foster and strengthen key aspects of IP management such as conduct training in IP issues for employees, evaluate various IPRs required, etc. Some of the complementary measures as such expert consultations and TIPS networks or seminars would also help to alleviate some of the hardships encountered in the process of managing IP. On the other hand, like the “Survey on Business Attitudes to Intellectual Property” being conducted yearly in Hong Kong since year 2004, it is suggested that the present survey research or the alike to be continually carried out to assist promoting IP awareness within Taiwan industry. Finally, we would like to thank everyone who contributed to this survey research and hope that it provides valuable insight into the goals originally proposed. 1.The survey resulted in 157 replies from which 26 of them were nullified by false or incomplete answers. 2.Application fees” include fees occurred from exploring inventions up to application and maintenance, which also include attorney fees.

Antitrust Liability to the Conduct of “Refusal to License” of the Standard Essential Patent

Antitrust Liability to the Conduct of “Refusal to License” of the Standard Essential Patent 2022/07/19   The notion of Standard Essential Patent(SEP)emerges in the era when manufacturers seek ‘‘compatibility’’ and ‘‘interoperability’’ of their products. The concept of SEPs is proposed to help manufacturers ‘‘talk’’ to each other so the collective manufacturers enjoy the advantage of economies of scales. Meanwhile, the compatibility and interoperability derived from SEPs enhance the consumers’ valuation of the product which creates the ‘‘network effect’’ of the products.   There is a long-debated issue in the field of SEP—to what extent shall the SEP holders license their patents in the various level of the supply chain. This issue has much to do with the ‘‘FRAND commitment’’, and is worthy of further analysis. I. SEP and FRAND Commitment   The concept of SEP is—when any certain patented technology is selected by the ‘‘Standard Setting Organization’’(SSO)as the commonly used standard, such the patented technology is categorized as a SEP. The SEP holder therefore enjoys stronger ‘‘market power’’ because market participants have no choice but to use the SEP and are required to seek license from the SEP holders.   Therefore, to prevent the SEP holders from abusing their market power, SSOs usually require SEP holders to make the FRAND commitment; that is, to license on ‘‘fair, reasonable and non-discriminatory’’ terms. Once the SEP holder breaches the commitment, the SSOs might exclude that technique from the standard. II. “License to all”or“Access to all”issues under FRAND Commitment   The FRAND commitment, by textual reading incorporates the wording of ‘‘non-discriminatory’’, and can infer two co-related yet debatable concepts—the ‘‘License to all’’ or ‘‘Access to all’’ arguments.   The ‘‘License to all’’ argument holds that all participants in the supply chain retain the access to the specified SEP, while the ‘‘Access to all’’ argument, on the contrary, contends that FRAND commitments don’t necessarily ask SEP holder to license to all practitioners, but when a SEP holder is going to license, he must license on FRAND terms.   According to observations, there is a common phenomenon in the SEP licensing practice—most SEP holders tend to license only to the End-Product manufacturers rather than to the manufacturers of the ‘‘Smallest Saleable Patent Practicing Unit’’(SSPPU). What the SEP holders expect through ‘‘refusal to license’’ to the SSPPU manufacturers are to maximize the potential royalties. Cases inclusive of the Qualcomm case[1] and the Continental case[2] have shown such practical tendency, and only when the SSOs can well define the definitions of FRAND commitments might the issue be truly settled.   There are some End-Product manufacturers that consider it ‘‘discriminatory’’ and against the FRAND commitments if the SEP holders refuse to negotiate with SSPPU manufacturers requesting to be the licensee. On the other hand, some consider it inappropriate for the End-Product manufacturers to refuse all negotiations when the SEP holder requests it to be the party to the licensing negotiations[3]. III. The ‘‘refusal to license’’ and the derived Anti-Trust Issue   As generally admitted, a firm has no general duty to deal with others[4]; however, there are times when SEP holders’ ‘‘refusal to deal∕license’’ behaviors can constitute wrongful monopoly under Sherman Act section 2. The U.S. judicial practices have categorized three main ‘‘refusal to deal∕license’’ behaviors as wrongful monopoly under Sherman Act section 2; they are[5]: 1.dominant firm forces its customers not to do business with new competitors of that firm, or the dominant firm will terminate business with the customer[6]; 2.dominant firm tries to abandon or alter an existing relationship[7]; 3.dominant firm refuses to provide access to ‘‘essential facility’’ (the equipment or techniques that is indispensable when others would like to compete in the relevant market with the dominant firm).   As SEP can be categorized as an ‘‘essential facility’’, this paper will only focus on the third category. The ‘‘Essential Facility Doctrine’’ is—when any monopolist withholds an essential facility and refuses to provide his competitors with the access to the said essential facility, a wrongful monopoly due to the Facility holders’ ‘‘refusal to deal∕license’’ is constituted.   According to the leading case—the MCI case[8], four factors are to be proved by the plaintiff when seeking resort to ‘‘Essential Facility Doctrine’’; they are:(1)the monopolist’s control of an essential facility;(2)the inability of a competitor to duplicate that essential facility;(3)the monopolist’s denial of access to that essential facility to a competitor;(4)the feasibility of providing the essential facility to the competitor by the monopolist.   As we can shortly conclude here, if a SEP holder constitute wrongful monopoly because of his ‘‘refusal to license’’ behavior, the perquisite is that the SEP holder would like to join in the ‘‘competition’’ in the relevant market himself. IV. Conclusion—the commonly seen ‘‘refusal to license’’ behavior of SEP holders doesn’t constitute wrongful monopoly   As mentioned before, ‘‘competition’’ serves as the prerequisite for the ‘‘Essential Facility Doctrine’’; thus, some SEP holders’ refusal to license to SSPPU manufacturers behaviors—such as Qualcomm in the Qualcomm case and Nokia in the Continental case—are not in accordance with ‘‘Essential Facility Doctrine’’ and do not constitute wrongful monopoly. Qualcomm and Nokia chose not to license to SSPPU manufacturers merely because they want to earn more royalties by licensing to End-Product manufacturers; they didn’t make this choice because themselves would like to compete in the SSPPU markets. However, since there is no clear definition of FRAND yet, whether the SEP holders have truly breached the FRAND commitment remains unsolved puzzle and shall retain to SSO’s clearer definition and the Court’s further rulings. [1]FTC v. Qualcomm Inc., 969 F.3d 974 (9th Cir. 2020). SEP holder Qualcomm would only like to license to the cellphone OEM manufactures rather than to other chips manufacturers. [2]Continental Automotive Systems, Inc. v. Avanci, LLC, et al, No. 20-11032 (5th Cir. 2022). SEP holder Nokia and a licensing platform—Avanci (that Nokia had joined) would only like to license to car manufacturers rather than to Telematics Control Unit(TCU)manufacturers. [3]Japan Patent Office [JPO], GUIDE TO LICENSING NEGOTIATIONS INVOLVING STANDARD ESSENTIAL PATENTS (2018), https://www.jpo.go.jp/e/support/general/sep_portal/document/index/guide-seps-en.pdf(last visited July 19, 2022). [4]See United States v. Colgate & Co., 250 U.S. 300 (1919);Pacific Bell Telephone Co. v. linkLine Communications, Inc., 555 U.S. 438 (2009); Aerotec Int'l v. Honeywell Int'l, 836 F.3d 1171 (9th Cir. 2016) [5]ANDREW I. GAVIL, WILLIAM E. KOVACIC & JONATHAN B. BAKER, ANTITRUST LAW IN PERSPECTIVE: CASES, CONCEPTS AND PROBLEMS IN COMPETITION POLICY 630-654 (2002). [6]See Lorain Journal Co. v. United States, 342 U.S. 143 (1951) [7]See Image Technical Services, Inc. v. Eastman Kodak Co., 504 U.S. 451 (1992); Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985) [8]MCI Communications Corp. v. American Tel. & Tel. Co., 708 F.3d 1081 (7th Cir. 1983)

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