The Fifth Chiang-Chen Talks

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What's New

Information on Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation (Intellectual Property Office, MOEA)

  • Date:2010-07-05

Purpose

IPR protection is fundamental to industrial interests and national competitiveness, and is therefore an important industrial policy for countries the world over. As trade across the Taiwan Strait becomes more active, disputes over IPR application, protection and infringement also increase. These problems are the result of the increasing trading and investment activities as well as from the fact that both sides of the Strait use the same language. IPR protection is without doubt an issue of mutual concern. Through the signing of the Cross-Strait Agreement on IPR Protection and Cooperation, a communication and consultation platform can be established to help people of both sides of the Strait to resolve IPR issues more directly, effectively and efficiently. The signing of the Agreement could also strengthen IPR protection and cooperation, and improve IPR protection environment for both sides. Furthermore, it would protect the interests of Taiwan’s industries and enhance our international competitiveness, it would also ensure that the interests of the people of both sides are in a win-win state of affairs.

Benefits

1. Enhance innovation, application, management and protection of IPR

The coverage of this Agreement includes protection and cooperation of patent, trademark, copyright and plant variety rights; this would help enhance IPR innovation, application, management and protection.

2. Safeguard R&D achievements

Mutually recognizing priority right of patent, trademark and plant variety will free right holders from the worry that a third party might take the advantage of the few days gap between applications and squat the right. This would safeguard our R&D achievement.

3. Safeguard plant seed technology and R&D, prevent plant variety technology drain

Mutually accepting plant variety right application and carry out consultation to expand the scope of protectable application would allow major agricultural products from Taiwan to apply for plant variety right in China, such that it would safeguard plant seed technology and R&D and prevent technology drain.

4. Establish Communication platform and implementation mechanism of collaboration, coordination, disposition and consultation for competent authorities

Setting up a communication platform and implementation mechanism for competent authorities would strengthen exchange in IPR affairs, settle examination differences, and effectively handle IPR related problems.

5. Foster development of cultural innovation industry in Taiwan

Copyright authentication service directly provided in Taiwan would shorten the time it takes for the product to reach Chinese market. The setting up of a communication platform and a consultation and disposition mechanism for competent authorities could also help alleviate piracy problems; this would be beneficial to the development of our cultural innovation industry.

Results

1. Incorporate patent, trademark, copyright and plant variety right into scope of exchange and cooperation;

2. Mutually recognize priority right for patent, trademark, and plant variety right;

3. Mutually accepting application for plant variety right and carry out consultation to expand the scope of protectable application;

4. Establish an implementation mechanism of collaboration, coordination, disposition and consultation to fight cross-border illegal IPRactivities. Both sides will handle IPR protection matters in accordance with its respective laws and regulations. Examples of IPR protection matters would be combating piracy and counterfeits, clamping down on illegal download of music or movies, preventing well-known trademark or well-known place of origin squatting, and clamping down on copycat of Taiwan fruits, etc;

5. Copyright authentication service would be provided directly by related associations in Taiwan (currently authentication is done via Hong Kong);

6. IPR affairs exchange and examination cooperation: This would include facilitating meetings among personnel of competent authorities, visits and study tours, exchanges of experience and technology, promote the mutual use of patent search and examination results, variety right examination and testing;

7. Establish communication platform for competent authorities; setting up working groups for patent, trademark, copyright and variety rights;

8. Encourage cooperation among patent and trademark related industries.

Influences

The aforementioned benefits could be achieved after the signing of this Agreement. In addition, an improved and closer IPR protection and cooperation across the Strait is beneficial to foreign businesses looking to enter the Chinese market through Taiwan by setting up their R&D, production and operation headquarters in Taiwan, allowing Taiwan to be the number one choice of global R&D center and Pan Asia trading hub for multinational enterprises.

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