歐盟在近30年來的整合之後，已經逐漸發展成為超過美國規模的單一成熟場，成為台商外銷首要市場之一。被高科技廠商視為秘密武器的技術及產品專利法規，和相關權利義務，不論是對CEO、研發主管、法務主管、投資主管來說，這些都是要進入歐洲市場必修的入門學分。

    After a process of integration lasting the better part of three decades, the European Union has gradually evolved into a single market larger than that of the U.S. The EU is one of the most important markets for Taiwan's exports. In any company planning to enter the European market, the CEO, R&D director, legal affairs managers and investment managers all need to familiarize themselves with EU technology and product patent legislation, and related rights and obligations; patent rights can serve as an important “secret weapon” that will help them to develop this market successfully.

    德國24IP法律集團共同創辦人Robert Harrison，本身具有物理博士與法學博士，在高科技產業工作多年，近年從事科技專利法務工作。他在1994年曾為IBM的軟體產品告贏歐洲專利局，讓價值超過百萬歐元的產品得以獲得專利保護；亦在1997年為Gore-tex告贏在歐洲進口仿冒品的中國廠商，不致造成超過5千萬台幣的損失。這次本刊透過銳卓國際專利商標事務所於8/5(二)舉辦的『歐盟專利法實務研討會—專利法更新後科技業的契機』，專訪研討會主講人Robert Harrison，請他分析歐洲目前高科技產業趨勢、台灣在全球的產業佈局，以及台灣廠商若要進軍歐盟市場，可著力的產業重點。

    Dr. Robert Harrison, one of the founders of the German law firm 24IP (and holder of doctorates in both physics and law), has extensive experience in the hi-tech sector, and has spent several years engaged in work relating to technology patents. In 1994, Dr. Harrison helped IBM to win a software patent case against the European Patent Office, securing patent protection for software products worth over one million Euros, and in 1997 he helped Gore-tex win its case against a Chinese company that was importing pirated goods into Europe, enabling Gore-tex to avoid loss that would have exceeded NT$50 million. In this issue, we present the summary of an interview with Dr. Harrison, who was in Taiwan to give the keynote address at the Conference on European Union Patent Law – The Revisions to EU Patent Law and the Opportunities for the Hi-tech Sector that was held on Tuesday August 5, 2008, and which was organized by RJ International Patent & Trademark Office. We asked Dr. Harrison to give us his analysis of current trends in Europe’s hi-tech sector, global strategy options for Taiwanese industry, and the areas that Taiwanese companies need to focus on if they are to develop the European market successfully.

    Robert Harrison表示，近年來，台灣政府以及歐洲等國都強調專利權的重要性，過去一般人都認為，申請專利的主要原因是為了防止科技產品遭盜用或是被仿冒的風險，而危害到專利發明人的權益。然而，申請專利除了可以確保生產產品的權利不被侵害之外，專利所提供更重要的功能，是可以讓在某種產品之中有相關專利的公司，在產品尚未問世的初始化的階段，就可以透過專利的申請進行產業的合作，是一個高科技產業及新興產業在發展初期，許多歐美公司經常使用的一種策略聯盟手段

    Dr. Harrison notes that, over the past few years, both Taiwan and the member nations of the EU have been paying a great deal of attention to patent rights. In the past, the general attitude towards patents was that the main reason for applying for a patent was to prevent piracy, and ensure that the patent holder's rights were protected. However, while this is certainly one of the functions of a patent, an even more important function is to facilitate collaboration between different companies when commercialization of a new product begins. European and U.S. firms in the hi-tech sector and in emerging industries often make use of this strategy when they are just getting off the ground.

    Robert Harrison進一步分析，因為，目前多數的科技產品都採規格化的生產，並且以全世界為銷售市場，而科技產品從設計到生產製造，以至於銷售的產業供應鏈，也都仰賴來自不同國家的不同公司所通力完成。台灣的高科技產業，就位處在這麼一條高度全球化導向的產業鏈中，擔任製造業的重要角色。然而，純粹以代工為主的台灣高科技製造業，過去因為認為科技產品並不是發展自有代工品牌，而僅是為國際大廠作嫁，因此普遍並不強調專利及商標的重要性。也因此，台灣的產品在世界上曾經被扣上盜版的大帽子長達數年。而中國生產的產品，現今亦是充斥盜版仿冒品。也因為不同國家之間對於專利及商標權利有不同的認定，台灣和中國的科技產品儘管在本國取得專利權，但是若有意將產品銷售到歐洲市場，就必須取得歐盟的專利權才得以合法在歐洲銷售，否則就是侵權行為。今年初德國Cebit電腦展中，有十餘家台灣和中國的MP3及手機製造商，就因為產品涉嫌侵害德國公司的權利，而被德國警方臨檢偵訊，必須謹慎看待。

    Dr. Harrison goes on to explain that production processes for most hi-tech products have become highly standardized, and that the vendors of hi-tech products are usually targeting the global market as a whole. The supply chain for hi-tech products – from design through manufacturing to product sale – is normally a collaborative process involving companies in several different countries. Within this highly globalized sector, the role played by Taiwan's hi-tech companies is usually that of manufacturer. As a result of this orientation towards manufacturing, in the past Taiwanese ODM and OEM providers tended not to give sufficient weight to the importance of patents and trademarks, viewing this as a matter for the leading international vendors for which they provided contract manufacturing services. This tendency to ignore patent issues resulted in Taiwanese companies being branded intellectual property “pirates” for years on end. Today, it is China where piracy is rampant. Owing to the fact that different countries define patents and trademarks in different ways, even where Taiwanese or Chinese hi-tech products have been patented in their home country, to be able to sell these products lawfully in the European market they may also need to apply for an EU patent, otherwise they could be accused of intellectual property rights violations. During this year's CeBIT exhibition in Germany, a dozen or so Taiwanese and Chinese MP3 player and mobile phone handset manufacturers found themselves under investigation by the German police because of accusations that their products violated the patent rights of German companies. This is an area where business enterprises cannot afford to be too careful.

    歐盟市場強大  Europe – A Hugely Important Market                             

    Dr. Robert Harrison分析，當然，若是這些被控侵權的業者能夠即時在歐盟合法取得專利或是軟體的使用權利，對於這些控告侵權的德國公司，也可以提出告訴，主張其在歐盟生產銷售的合法權利，24IP公司就曾經成功代表印度公司，為其在德國公司控告侵權的訴訟案中取得勝利。

    Dr. Harrison points out that if companies that have been accused of intellectual property rights violations can secure EU patents or software licensing, they will then be able to defend their right to sell their products in the European market. 24IP, the law firm of which Dr. Harrison was one of the founders, has in the past successfully helped an Indian company that had been accused of patent violation to win a lawsuit of this type in Germany.

    此外，代工廠也有技術被竊取的風險。台灣發展的高科技晶圓代工，就是因為其所擁有相當高的經濟價值，而近幾年來科技公司互控侵權的案例持續增加，兩年前台積電和中國的中芯半導體因為互控專利遭侵權而跨國興訟，更是突顯專利權在科技產業中扮演的重要性。因此，專利以及商標的申請，除了讓有心發展自有品牌的企業，可以充分確保產品的商業權利之外，更提供了不論是代工廠及製造母廠，在產品發展初期就可發揮整合關係的一個相當重要管道，也是確保產品不被抄襲或是仿冒的重要手段。

    ODM and OEM providers also face that risk that their own technology might be stolen. The rapid development reached by Taiwan’s IC foundry firms has been accompanied by an increase in intellectual property rights violations lawsuits initiated by these companies in the past few years. Two years ago, there was an international intellectual property rights dispute involving Taiwan's TSMC and China's SMIC in which each company accused the other of intellectual property rights violations; disputes of this kind reflect the importance of IP in the hi-tech sector. Applying for patents and trademarks can help companies seeking to develop their own brands to ensure that their rights are protected; IP also constitutes an important tool for forging collaborative relationships during the early stages of new product development, while at the same time offering protection against piracy.

    此外，在科技發展的過程中，若是科技公司可以在產品發展之前就取得技術的專利權，更可以減少產品銷售時所需支付的權利金。 Robert Harrison補充，像是歐洲正在發展的4G電信技術 ，包括Nokia和 Ericsson等手機廠及通訊設備大廠，都因為事先取得共同專利，未來所有生產4G手機的廠商，每支手機都必須將產品售價的10％付給專利權作為授權金。但是若是沒有參與4G專利研發的公司，未來若要生產4G的手機，就需支付高額的權利金，降低生產利潤。

    If, prior to beginning the development of a new technology or products, the company concerned has already secured the necessary patents, this can lead to a substantial reduction in the amount of royalties that need to be paid. Dr. Harrison adds that, in Europe, where the development of 4G (Fourth Generation) mobile communications technology is currently underway, leading mobile phone vendors and communications equipment manufacturers such as Nokia and Ericsson have collaborated on the process of securing the relevant patents. In the future, any company engaged in the manufacturing of 4G handsets will be required to pay a royalty equivalent to 10% of the retail price. Those companies that are not members of the 4G IP alliance will find themselves having to pay high royalties, leading to a significant reduction in their profit margins.

    儘管過去台灣的科技公司的產品主要銷往美國，因此產品也主要在美國申請專利，但是歐盟在近幾年積極整合，目前已經超過美國，成為全世界最大的單一市場。而自今年起，歐盟專利局更對台灣大開方便之門，正式承認台灣優先權。讓有意將產品銷往歐盟的台灣業者，可以透過申請歐盟專利的方式，取得產品的合法銷售權，而不至於誤觸侵權地雷。

    In the past, the U.S. was the main market for Taiwanese hi-tech firms' products, so Taiwanese companies generally focused on securing U.S. patents. In the last few years, however, as the process of EU expansion has continued, the EU has overtaken the U.S. to become the world's largest single market. Starting this year, the European Patent Office is making it much easier for Taiwanese companies wishing to sell their products in Europe to apply for EU patents, by recognizing Taiwan's priority rights. Securing the right to sell their products lawfully in the EU will help Taiwanese companies to protect themselves from accusations of patent violation.

    Robert Harrison說明，儘管過去大家對歐洲的印象，是多國林立，文化語言分歧，但是現在的歐洲，是保有不同文化的單一整合市場，英文是普遍使用的語言，在所有歐盟會員國內，貨幣以及法令都一體適用，而不同國家的文化差異，反而讓歐洲人民更習慣於接納不同的文化方式及生活習慣，對於多樣化產品的接受度更高。

    Dr. Harrison explains that, while people generally think of Europe as being a complex mix of different countries, cultures and languages, Europe today is an integrated single market (while retaining its cultural diversity) in which English is very widely used. The member nations of the EU are now using a single currency and a homogenized legal system. At the same time, Europe's cultural diversity has accustomed Europeans to dealing with people from different cultures and with different ways of life, thereby increasing their receptivity to products originating in other countries.

    據Robert Harrison觀察，歐洲的公司也更願意和台灣的科技公司進行多元的合作關係。反觀美國的消費者，普遍只願意接受美國的產品，對於其他國家的產品或是異文化的接受程度較低。而美國的公司對於台灣的科技製造廠，普遍只是抱著下游代工廠的心態，並不願意更高階的企業合作關係。

    Dr. Harrison feels that European companies are generally very enthusiastic about engaging in new forms of collaboration with Taiwanese hi-tech firms. By contrast, U.S. consumers are often reluctant to purchase products that are not made in the U.S., and display a low level of receptivity towards foreign cultures and foreign goods. U.S. companies generally seek to limit their relationship with Taiwanese hi-tech firms to contract manufacturing; they are usually unwilling to take collaboration with Taiwanese companies to a higher level.

    針對台灣的產業發展趨勢，Robert Harrison認為，台灣在手機、筆記型電腦及許多高科技產業都有相當好的發展，而歐盟最近也積極鼓勵奈米科技產業的發展，投資金額高達30億歐元，而歐盟甚至主動開放許多台灣廠商在這方面的合作機會，歐盟對台灣公司所釋出的善意可見一般。

    As regards the current trends in the development of Taiwanese industry, Dr. Harrison points out that Taiwan has achieved impressive results in the development of mobile phone handsets, notebook PCs and many other hi-tech products. He notes that the EU has been working actively to promote the development of the nanotechnology sector, investing around 3 billion Euros in this area; the EU has encouraged Taiwanese companies to explore opportunities for collaboration with European firms in this field, reflecting the generally positive attitude towards Taiwanese companies in the EU.

    此外，歐洲目前也在嵌入式系統(Embedded)產業、軟體產業、電信產業的硬體和軟體產業方面，都提供許多台灣廠商著墨歐洲市場的機會。他補充，台灣的公司可以透過申請歐盟的專利更容易進入歐洲市場，除了不會誤踩地雷侵犯到歐盟會員國的專利權，更容易在產品的評估和設計階段，就取得和歐洲產業合作的機會，在專利合作的過程中更了解貼近歐洲市場的需求，生產出正確的產品銷售到歐盟市場。

    Many Taiwanese companies in the embedded systems, IT software and telecommunications hardware and software industries have already had the opportunity to dip their toe in the waters of the European market. Dr. Harrison adds that applying for EU patents makes it much easier for Taiwanese enterprises to enter the European market. Besides protecting them from accusations of violating the patent laws of EU member nations, securing EU patents can also help Taiwanese firms to explore opportunities for collaboration with European corporations at the design stage; collaboration of this sort can help Taiwanese enterprises to gain a clearer understanding of the needs of the European market, enabling them to ensure that the products they sell in Europe are the right ones.

    掌握專利是贏的關鍵    Securing Patents is the Key to Success                            

    至於目前歐洲市場的產業趨勢，Harrison說，歐洲目前相當鼓勵奈米科技、生物科技、環保的太陽能科技以及電信產業的發展。更有許多這些熱門產業的中小型新興公司，非常有興趣和台灣的公司合作，不僅市場前瞻，更有歐盟政府的大力支持，這些產業都是台灣產業界可以研究合作的對象。然而，歐盟是由數十個不同的國家所組成，當然不同的國家有不同的產業強項，所以當台灣公司有意進入歐盟市場，尋找合作廠商的時候，也必須注意不同國家的產業發展重點。Harrison補充，像是芬蘭的電信產業是龍頭產業，英國是以發展軟體產業見長，德國是發展醫藥產業和太陽能科技產業的大國，德國的農村住家屋頂都裝置太陽能光電板，德國政府也補助住戶裝設太陽能光電板，台灣有意發展太陽能產業賺環保財業者，也可以多留意德國市場。另外，荷蘭則是醫藥科技產業的大國，義大利以半導體產業、法國的產業主要是航空產業。瑞典是生物科技和電信通訊的產業大國。找國家的重點產業進行合作，將可以讓台灣廠商在拓展歐盟的市場上事半功倍。

    Regarding the key trends in the European market at present, Dr. Harrison says that the areas on which Europe is focusing at present include nanotechnology, biotech, solar energy and telecommunications. Many of the small and medium-sized companies in these emerging industries are eager to collaborate with Taiwanese enterprises, and they are supported in this by EU governments. These industries offer Taiwanese companies significant potential for collaboration on R&D. Of course, the EU is made up of several dozen different countries, each of which is strong in particular industries, so when Taiwanese firms are entering the European market and investing the possibilities for collaboration with European companies, they need to identify the countries where the industry in question is most highly developed. As examples, Dr. Harrison points out that telecommunications is the dominant industry in the Finnish economy, while the U.K. is strong in software, and Germany has highly developed pharmaceutical and solar energy industries; rural homes in Germany almost all have solar panels in the roof, with the government subsidizing the cost of installation. Taiwanese companies interested in developing the solar energy business should take a look at the German market. The Netherlands is a leading player in medical and pharmaceutical technology, Italy has a large semiconductor industry, and France has focused on aerospace industry development; Sweden is an important player in both the biotech and telecommunications industries. Identifying the right country in which to look for opportunities for collaboration can make the process of developing the European market much easier and more successful for Taiwanese companies.

    24IP法律集團統計，亞洲國家之中，日本和韓國在歐盟所取得的專利數量大幅提升，而日本在歐盟取得專利權，即將趕上德國所取得的專利權總數，韓國更是在近幾年出現爆炸性的成長。至於台灣在歐盟取得的專利權總數，雖然仍高於中國，但是中國在去年的申請數量也出現暴增跡象。Robert Harrison估計，今年在歐盟專利局對台灣大開方便之門後，來自台灣的申請數量也將大幅提高。

    According to statistics compiled by the 24IP law firm, within the Asia region, the largest increase in the number of EU patents secured has been seen in Japan and South Korea. Japan is rapidly catching up with Germany in terms of the number of EU patents secured, and South Korea has also posted explosive growth in this area in the past few years. While Taiwan’s cumulative total of EU patents obtained is higher than that of China, the number of applications from China increased dramatically in 2007. Dr. Harrison anticipates that the measures adopted by the European Patent Office to make it easier and more convenient for Taiwanese companies to apply for EU patents will result in a significant rise in the number of applications from Taiwan.

	如何申請歐盟專利 How to Apply for EU Patents 　 過去僅承認適用在歐盟會員國家及具有外交關係國家的歐盟專利法在2000年大幅修訂後，通過WTO會員國亦是用歐盟的專利法規，並在2007年12月31日開始實施。台灣因為是WTO會員國之一，因此自今年起正式適用此新法。亦即今年開始歐洲專利局(EPO)將承認台灣優先權，業者在台灣申請專利之後12個月內仍可申請歐盟專利，並不喪失其新穎性（novelty），且可取得歐盟專利。此外，歐盟專利法適用於歐盟所有簽約國，市場超過5億人口，規模超過美國及日本，已經成為最大的單一市場。而對台灣廠商最友善的，是歐盟的新專利法也接受先用中文送件，兩個月內再補送英文譯本。若業者想要搶先競爭對手一步取得專利權確保商機，可以先用中文送件取得登記日，意即可以先取得專利權。此舉將大幅降低台灣廠商要取得歐盟專利的語言障礙。     In the past, EU patents had validity only with respect to EU member nations and countries that have formal diplomatic relations with EU member nations. However, a major revision of EU patent law in 2000 extended the scope of applicability to include all WTO member economies; this revision came into effect on December 31, 2007. Taiwan is a member of the WTO, and so the revised legislation applies to Taiwan. What this means is that the European Patent Office (EPO) will now recognize Taiwan's priority rights with respect to intellectual property; a company that applies for a patent in Taiwan will still be able to apply for an EU patent during the following 12 months without loss of novelty. EU patent legislation applies to all EU member nations, which represent a combined market of over 500 million people (larger than that of the U.S. or Japan, making the EU the largest single market in the world). The measure which will be most beneficial to Taiwanese companies is the decision to allow companies to submit application documents in Chinese first, as long as English-language translations are provided within two months. Companies that want to steal a march on their competitors by securing patent protection first can now use Chinese-language documents to get their patent application registered first. This new measure will significantly reduce the extra difficulty in securing EU patents that Taiwanese companies experience because of the language barrier.

曾經在英國牛津大學取得學士學位及Sheffield大學得碩士學位，並取得電機工程的
博士學位，Dr. Robert Harrison曾經在歐盟專利局(EPO)擔任專利檢察官，並曾經在
IBM的智慧財產部(intellectual property department)擔任歐盟暨德國的專利及商標律師，
專長在半導體科技、網路科技以及生物科技等領域，擅長將由私募基金以及創投
公司所投資的公司，將其所持有的智慧財產權效益極大化。

Dr. Robert Harrison took his B.Sc. at the University of Cambridge and his Master's at
Sheffield; he holds a Ph.D. in Electromechanical Engineering. He has worked as a patent
examiner with the European Patent Office (EPO), and also as a patent and copyright
attorney (specializing in the EUand Germany) at IBM's Intellectual Property Department.
Dr. Harrison's main areas of specialty include semiconductor technology, networking
technology and biotech; he has particular expertise in helping firms that have received
private equity or venture capital funding to gain maximum benefit from their intellectual
property.