Hubert Hsu

Taiwan

Hubert Hsu & Associates
20F-2, NO.83 Sec.1,
Chung Hsiao E. Rd
Taipei 100, Taiwan

Tel: +886 2 2393 5620
Fax: +886 2 2321 3280

Email: hubert@hiteklaw.tw
Web: www.hiteklaw.tw

Hubert Hsu & Associates was established in 1992 by Hubert Hsu, attorney at law and patent attorney. With three associate lawyers from different technical fields, the firm annually supports more than 50 police actions and has approximately 70 successful court cases.

Hubert Hsu founded the firm after working with Microtek International Inc., as in-house counsel, and IBM Taiwan, as an IP attorney. Since then, he has successfully represented his clients in a number of leading patent infringement cases, mostly high-tech related.

In late 2008 and early 2009, Hubert Hsu & Associates represented Nintendo in actions against the Wii console modification activities in northern and southern Taiwan. The modification chip enables the Wii console to read and run the game software stored in an unauthorised game disc by disabling the Wii console’s authentic game disc verification functions.

Mr Hsu explained: “Upon the prosecutors’ charge, most defendants argued that the modification of the Wii console did not violate any law. In September 2009, the Banchiao District Court of Taiwan rendered its first decision in the Wii modification case. The court found the defendant guilty for violating Art. 80ter of the Copyright Act, the circumvention of the ‘Technical Protection Measures – TPM’, the Banchiao District Court decision No. 2009-2372.

“In October 2010, the IPR Court confirmed, in two appeal decisions, that the Wii modification had violated the TPM, decision Nos. 2009-88 and 2010-23. Since this was the final legal opinion, Microsoft and Sony started their actions against the Xbox and PS3 modifications in late 2010.

“On April 10, 2012, the IP Court cancelled a Kaohsiung District Court decision that found that the Wii console modification did not violate the Copyright Act, and reaffirmed that modification of Wii console had circumvented the technical protection measures in the game console. It punished the defendant, a 50-year-old woman, with imprisonment for six months, convertible to a fine of NTD 540,000.”

Mr Hsu requires his associate lawyers to be capable of drafting patent specifications for at least three technical fields. He noted: “The ability to understand technology in technical fields that you have never dealt with is the basic requirement for a patent lawyer. Thorough understanding of the law, however, is the key to litigate, because after all, patent prosecution and patent litigation are all legal works.”

Mr Hsu was the first-named author of ‘Intellectual Property Law in Taiwan’ by Kluwer Law International (Max Planck Series on Asia Intellectual Property Law, 2003), and author to the Taiwan portion of RCLIP IP precedent database by Waseda University (2005-2013).

Moreover, he graduated, in 1983, with an LLB in the Department of Law from the National Taiwan University, and is fluent in Chinese, English and Japanese. He is a member of the Taipei Bar Association, the Patent Attorneys’ Association of the ROC, the Asian Patent Attorney’s Association, the Information Manager Association, the Licensing Executives Society and Chinese Taipei. He was admitted to the Taiwan Bar in 1991.