Strengthening Protection of GI – Relaxing Qualifications for Filing Collective Trademarks Indicating the Origin of the Commodities.

　As a result of the continued reports about outflanked Chinese trademark registrations of the geographical designation of well-known Taiwanese geographic names as trademarks such as Alishan tea (among others), the TIPO plan to ease the qualifications of applicants for filing collective trademarks which indicates the origin of the commodities by including business association, social organization, farmers’ association and other nonprofit organization to be eligible applicants.  The TIPO will hold hearings on the proposed amendments before getting the Executive Yuan’s approval before the end of this year.

　For the purpose of preventing trademark squatters for outflanking registration of well-known Taiwanese agricultural products and fulfilling the obligations as a WTO member for protecting trademarks such as geographical indication, the TIPO started practicing Examination Guidelines on Geographical Indication (GI) as Certification Mark last year.  The TIPO also intended to incorporate the proposed amendments on relevant regulations pertaining to GI certification marks and collective marks.

　In the proposed amendment, only a juristic person, an organization or a government agency, which is capable of certifying another person’s goods or services, shall be eligible to apply for certification mark registration.  If the applicant is not capable of performing inspections, the applicant may commission a competent third party to conduct test and verification under the supervision or control of the applicant.  However, applicant can not be engaged in business in connection with the goods or services to be certified thereof.  (Article 60-2 of the proposed amendment, new provision)

　In addition, according to the first paragraph of Article 60-9 of the proposed amendment, the collective trademark is redefined as mark allowing the relevant consumers to identify the goods or services provided by members of a juristic person, such as business association, social organization, or any other group, the said members use the collective trademark on their goods or services whereby these goods or services may be distinguished from those provided by others.  The second paragraph of Article 60-9, a new provision, defines that products with certain quality, reputation, or other characteristics that can be attributed to geographical indication (GI) are permitted to obtain trademark protection by applying for registration of GI as certification mark (Article 60-1) and collective mark.  (2008.10)

/DC