Cross-Strait Cooperation on IPR Protection Moves Ahead.

　According to Taiwan IPO, there is now an official platform for direct communication by and between the IP authorities of both sides of the Taiwan Strait as well as a formal mediatory mechanism to effectively and efficiently deal with cross-Strait IPR issues under the Cross-Strait IPR Protection Agreement which came into force on 12 September 2010.

　Take the reciprocity regarding priority claim for example.  During the period from 22 November 2010 through the third quarter of 2011, a total of 3,236 patent applications and 29 trademark applications by Taiwanese applicants were filed in China with a successful priority claim each and Taiwan IPO accepted the priority claim on 2,039 patent applications and 25 trademark applications by PRC-national applicants each.  The above figures show priority claim is the No. 1 mechanism patent applicants have adopted to protect their successful R&D results.

　In regard to trademark related mediation, as of December 2011, Taiwan IPO reported a total of 67 cases for mediation, 25 of which have been successfully disposed, including speedy resolution with the active assistance from the PRC Trademark Office and Trademark Appeal Board of various forestalling registrations in China of Taiwanese trademarks such as the MSI微星科技mark, the台銀mark, and the台鹽生技mark.

　With respect to the exchange of information between the two sides with a view to better understanding of each other’s operation, PRC has provided as scheduled access to the image files of patent specifications, English abstract of patents, full text of patent specifications, patent gazettes, Chinese herbal medicine patents database, Chinese current legal regime, Chinese herb medicine database and various publications on intellectual property right.  Likewise, Taiwan has provided access to the abstract of Taiwanese patents, full text data, current legal regime, technology glossary, biotech medicine, and Chinese herbs medicine database.

　According to Taiwan IPO, both sides have formed a work group on patent, trademark, copyright and variety right each.  Each work group will meet regularly each year when issues of concerns will be presented for discussion and agreement.  The work groups are functioning well, according to Taiwan IPO.  The trademark, the patent and the copyright work group met in June, July and August 2011 respectively with consensus reached on certain issues.  The agenda at the meeting include exchange of opinions on (among other things) how the success rate of mediation may be improved, the projected operation of the work group, the priority tasks with respect to examination of applications.

　According to Taiwan IPO, both sides of the Strait will continue their efforts to substantialize the Cross-Strait IPR Protection Agreement with strengthened joint anti-counterfeiting efforts and exchange of opinions and experience with a view to harmonizing both sides’ practice and standards to achieve sustaining cross-Strait exchange and cooperation by enabling cross-Strait patent search, access to result of examination, variety right examination and testing conducted by the other side. (2012.01)
/EMA