LOUIS & CHARLES
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Intellectual Property

This firm’s bloodline runs through a patent office — IP is our deepest root. From patent and trademark infringement litigation to administrative appeals, portfolio strategy and licensing, we speak both engineer and judge.

When we can help

What we do

How we work

  1. 1. Rights check: Review the scope and validity of the right, who owns it and what licences exist.
  2. 2. Infringement analysis: Compare the product or conduct in question, and assess the likelihood of infringement and the defences the other side may raise.
  3. 3. Strategy: Weigh warning letters, licence negotiations, administrative proceedings, interim measures and litigation, and their sequence.
  4. 4. Action: Send letters, negotiate, pursue invalidation, opposition and similar administrative proceedings, or bring and defend litigation.
  5. 5. Portfolio adjustment: Review filing strategy, licence terms and internal IP management in light of the outcome.

Frequently asked questions

I have found someone infringing my patent or trademark. What is the first step?

First confirm that your right is valid and what it covers, and lawfully collect and preserve evidence of the infringement; then assess how likely infringement is to be established. Depending on the case, the next step may be a warning letter, licence negotiations, interim measures or litigation. The analysis should be completed before any letter goes out, because an improper infringement warning can itself create legal exposure, including under unfair competition rules.

How should I respond to an infringement warning letter?

Do not ignore it, and do not rush to admit anything or sign any document. First check whether the right asserted is valid, and whether its scope actually covers your product or conduct, and assess possible defences — for example invalidity, non-infringement or a lawful basis for use. Then decide whether to reply, negotiate, design around or take legal action.

What are patent invalidation, trademark opposition and trademark invalidation?

They are administrative proceedings before the intellectual property authority for challenging a right that someone else has obtained. A patent invalidation action asserts grounds on which the patent should be revoked; trademark opposition and invalidation assert that the registration breaches statutory grounds. The filing periods, available grounds and standing differ between them, and they often interact with infringement litigation, so they should be planned together.

Can a foreign company apply for patents and trademarks in Taiwan and enforce them?

In principle, yes. A foreign applicant will generally need to appoint an agent domiciled in Taiwan to handle the application, and may claim priority under the rules on international priority. Once the right is granted, remedies against infringement are available in Taiwan. The filing strategy should be aligned with the timing of market entry and with product and brand plans.

Which court hears intellectual property cases in Taiwan?

Taiwan has a specialized court that hears civil, criminal and administrative intellectual property cases, supported by technical examination officers who assist on technical issues. Jurisdiction, procedure and rules of evidence differ from ordinary cases, and include mechanisms such as confidentiality preservation orders to protect trade secrets.

If you are facing one of the issues above, it helps to gather the relevant notices, contracts, correspondence, a timeline of events and the outcome you hope for before contacting us to arrange a consultation. Once we understand the basic facts and have completed a conflict-of-interest check, we will explain how we can help, the scope of engagement and our fees. The outcome of any matter depends on its specific facts, the evidence, the applicable law and the decision of the competent authority or court.

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