Animation Technologies Inc.

Case:

Key Words:

Reference:

Fair Trade Commission Decision of November 1, 2007 (the 834th Commissioners' Meeting); Disposition Kung Ch'u Tzu No. 096167

Industry:

Audio and Video Electronic Products Manufacturing (2730)

Relevant Laws:

Article 21 of the Fair Trade Law

Summary:

1. According to the complainant's report, Animation Technologies Inc.（hereinafter referred to as "Animation Technologies"） on December 14, 2006, announced on its company website a press release titled "Animation Technologies obtained multi-television-signal processing installation' hardware new style patent and 'simultaneous reception of digital and analog television signals' software innovation patent". The above content stated that Animation Technologies have obtained aforementioned patents on the date of the press release, and would be the only manufacturer permitted to produce and sell television cards with the aforesaid hardware and software technologies in the future and the technologies included in the patent cover all digital and analog television cards on the current market, etc. However the fact shows that Animation Technologies' patent application is still at the investigation stage, and in accordance with the relevant law, it has not yet obtained patent right, therefore the said news press violated "false advertisement" defined in the Article 21 of the Fair Trade Law.
2. Findings of FTC after investigation: Although Animation Technologies has already received 'multi-television-signal processing installation' patent certificate (New style No. M288478, Patent Right validity from March 1, 2006 till October 27, 2015), its 'simultaneous reception of digital and analog television signals' software innovation patent is still at early publishing stage. Besides, in accordance with the relevant Patent Law, the patent is yet to be investigated and approved by the Intellectual Property Office, Ministry of Economic Affairs, and needs to pay the relevant fees for the issuance of the Patent Certificate before it is entitled to appropriately contend to have obtained the relevant innovation patent.
3. Grounds for disposition: The said press release by Animation Technologies, in its title stated "Animation Technologies obtained 'multi-television-signal processing installation' hardware new style patent and 'simultaneous reception of digital and analog television signals' software innovation patent" and the contents further claimed "it would be the only manufacturer permitted to produce and sell television cards with the aforesaid hardware and software technologies in the future." The investigation revealed although Animation Technologies has obtained 'multi-television-signal processing installation' patent certificate (New style No. M288478, Patent Right validity from March 1, 2006 till October 27, 2015). However, its 'simultaneous reception of digital and analog television signals' software innovation patent is still at early publishing stage, and in accordance with the relevant Patent Law, is yet to be investigated and approved by the Intellectual Property Office, Ministry of Economic Affairs. Moreover, the relevant fees are needed to be paid for the issuance of the Patent Certificate before it is entitled to appropriately contend to have obtained the relevant innovation patent. However, Animation Technologies' claimed on its website to have obtained the 'simultaneous reception of digital and analog television signals' software innovation patent and etc in its content contended, would be the only manufacturer permitted to produce and sell television cards with the aforesaid hardware and software technologies in the future are sufficient to mislead the public to believe Animation Technologies has obtained the two aforesaid hardware and software patents, and thus is an false and misleading representation of the product contents hence the press release of Animation Technologies is considered to have violated the Article 21(1) of the Fair Trade Law.

Appendix:
Animation Technologies Inc.'s Uniform Invoice Number: 86148468

Summarized by Chen, Shu-Hua; Supervised by Liou, Chi-Jung