Law Ip

Intellectual Property Analysis

Overview

IP law protects creations of the mind through four main mechanisms: patents (inventions), trademarks (brand identifiers), copyrights (creative works), and trade secrets (confidential business information). Each has different requirements, scope, duration, and costs.

Framework

IRON LAW: Match the Protection to the Asset

A brand name is protected by TRADEMARK, not copyright.
Software source code is protected by COPYRIGHT, not patent (usually).
A manufacturing process is protected by PATENT or TRADE SECRET.
Using the wrong mechanism leaves the asset unprotected.

The Four IP Types

| Type | Protects | Requirements | Duration | Registration |

|------|---------|-------------|----------|-------------|

| Patent | Novel, non-obvious, useful inventions | Must be new, inventive, industrially applicable | 20 years from filing | Required (申請制) |

| Trademark | Brand names, logos, slogans that identify source | Must be distinctive (not generic/descriptive) | 10 years, renewable indefinitely | Required for full protection |

| Copyright | Original creative works (text, code, art, music) | Must be original expression (not ideas or facts) | Life + 50 years (Taiwan) | Automatic (no registration needed) |

| Trade Secret | Confidential business information with economic value | Must be secret, have value from secrecy, reasonable efforts to maintain secrecy | Indefinite (as long as secret is kept) | No registration — protect through NDAs and access controls |

IP Audit Steps

• Inventory: What potentially protectable assets does the organization have?
• Classify: Which IP type fits each asset?
• Assess current protection: Is each asset already protected? How?
• Identify gaps: What's unprotected or under-protected?
• Prioritize: Which assets are most valuable and most at risk?
• Recommend: Registration, contractual protection, or operational security for each asset

Key Decision: Patent vs Trade Secret

| Factor | Patent | Trade Secret |

|--------|--------|-------------|

| Can competitors reverse-engineer it? | Yes → Patent | No → Trade Secret may be better |

| Is independent discovery likely? | Yes → Patent (blocks them) | No → Trade Secret may suffice |

| How long does the advantage last? | < 20 years → Patent | > 20 years → Trade Secret |

| Can you detect infringement? | Yes → Patent is enforceable | No → Patent is hard to enforce |

| Example | Pharmaceutical compound | Coca-Cola recipe |

Output Format

# IP Analysis: {Company/Product}

## IP Asset Inventory
| Asset | Type | Current Protection | Gap | Priority |
|-------|------|-------------------|-----|----------|
| {asset} | Patent/TM/Copyright/TS | {status} | {what's missing} | H/M/L |

## Recommendations
1. {asset}: {recommended action} — {rationale}

## Risk Assessment
| Risk | Likelihood | Impact | Mitigation |
|------|-----------|--------|-----------|
| {IP risk} | H/M/L | H/M/L | {action} |

Examples

Correct Application

Scenario: IP audit for a Taiwanese SaaS startup

| Asset | Type | Protection | Gap |

|-------|------|-----------|-----|

| Brand name "CloudPOS" | Trademark | Not registered | 🔴 Register with TIPO immediately |

| POS algorithm for demand forecasting | Trade Secret or Patent | None | 🔴 Decide patent vs trade secret, implement NDAs |

| Source code | Copyright | Automatic ✓ | 🟡 Ensure employment contracts assign IP to company |

| Customer data processing method | Trade Secret | No access controls | 🔴 Implement access controls + NDA with employees |

Key recommendation: File trademark first (fast, cheap, high risk of name-squatting). Patent decision can wait until product-market fit ✓

Incorrect Application

• "We'll copyright our brand name" → Brand names are protected by trademark, not copyright. Copyright protects creative expression, not identifiers. Violates Iron Law: match protection to asset.

Gotchas

• Ideas are NOT protectable: Copyright protects expression, not ideas. Patent protects specific implementations. The "idea" for an app is not IP — the specific code, design, or invention is.
• Employee-created IP: In Taiwan, IP created by employees during employment generally belongs to the employer (Copyright Act Art. 11, Patent Act Art. 7), but contracts should make this explicit.
• Open source ≠ no IP: Open source software has copyright — the license grants permissions, not ownership. Violating license terms is copyright infringement.
• First-to-file for patents: Taiwan uses first-to-file (not first-to-invent). If you delay filing, a competitor who files first gets the patent even if you invented it earlier.
• This is educational guidance, not legal advice: IP strategy requires consultation with a licensed patent attorney or IP specialist.

References

• For Taiwan TIPO (智慧財產局) filing procedures, see references/tipo-procedures.md