Taiwan and Japan Sign a Memorandum for Cooperative Program on Mutual Recognition of Deposit of Biological Materials for the Purpose of Patent Procedure

On November 20, 2014, the Association of East Asian Relations and the Interchange Association Japan signed four memorandums for the Taiwan-Japan cooperative programs on “mutual recognition of deposit of biological materials for the purpose of patent procedure”, “exit/entry administration and information intelligence exchange”, “information exchange of nuclear regulation”, and “tourism industry development and enhancement”.

Subsequent to Taiwan-Japan cooperation for the PPH program in 2012 and the PDX Program in 2013 (Taiwan-Japan priority documents exchange program), Taiwan IPO and Japan Patent Office (JPO) have fulfilled new collaboration by signing a memorandum for a cooperative program on mutual recognition of deposit of biological materials for the purpose of patent procedure.  The Taiwan-Japan cooperation by this memorandum will not only lessen patent applicants’ burden of repeatedly making deposits in respective country but also push forward Taiwan’s future cooperation with other countries as a result of Japan’s recognition of Taiwan’s designated depositories as internationally eligible ones.  Taiwan IPO will promulgate the Guidelines for Mutual Recognition of Deposit of Biological Materials for the Purpose of Patent Procedure between Taiwan and Japan later, and the date of enforcement will be announced as soon as Taiwan IPO and JPO have confirmed and completed relevant preparatory procedures. 

According to the Taiwan IPO, due to the fact that Taiwan is not a country member to the Budapest Treaty, Japanese applicants who file patent applications with Taiwan IPO have to make a deposit at a designated depository in Taiwan and Taiwanese applicants filing patent applications with JPO have to do the same, before implementation of this program.  Now with implementation of this program, applicants filing patents with Taiwan IPO or JPO will have to deposit biological materials only at a designated depository nearest to them in their respective home country.  In addition, the biological materials of a patent application filed with Taiwan IPO that have been deposited in a designated depository in Japan may be furnished upon request by any party.  This is Japan’s very first memorandum signed with a non country member to the Budapest Treaty. 

Under this program, applicants are allowed to choose only one designated depository either in Taiwan or Japan.  That is to say, applicants have more choices of depositories without being burdened with the inconvenience and cost of making a deposit in both countries.  Accordingly, the program will significantly benefit domestic industries and academic institutes of biotechnology, pharmaceuticals, and food sciences. 

Moreover, by implementation of the program of exit/entry administration and information intelligence exchange, Taiwan and Japan will work together on a legal basis to reinforce exit/entry administration and to combat cross-boundary crime.

As to the program of information exchange of nuclear regulation, it will provide a channel for both countries to share and exchange technology information regarding nuclear regulation so as to reinforce nuclear and radiation safety measures in view of the Fukushima Daiichi nuclear disaster.  Also, the memorandum for cooperation of tourism industry development and enhancement will facilitate both countries’ experience and information sharing periodically so as to strengthen the cooperation between both countries’ competent authorities and expand cross-border tourism between Taiwan and Japan. 

The Association of East Asian Relations and the Interchange Association Japan have signed a total of 38 Taiwan-Japan agreements since 1972 and these agreements cover sectors of financial supervision, economic and trade investment, e-commerce, etc.  The above-mentioned four memorandums signed between Taiwan and Japan will no doubt intensity cooperation and interaction in IP rights and exit/entry administration, nuclear regulation, and tourism development.  Also, Taiwan-Japan cooperation will move forward to a new milestone.  (November 2014)
/CCS