Taiwan-Korea cooperative program for mutual recognition of deposit of biological materials implemented as of September 1, 2020

　Taiwan Intellectual Property Office (hereinafter referred to as the “TIPO”) and the Korean Intellectual Property Office (hereinafter referred to as “KIPO”) successfully inked the Memorandum of Understanding for the Mutual Cooperation in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure in August 2020, following the launch of the cooperative program on mutual recognition of the deposit of biological materials for the purpose of patent procedure between Taiwan and Japan in 2015 and between Taiwan and the UK in 2017.  The cooperative program between Taiwan and Korea has been implemented since September 1, 2020, which will expand the scope of mutual recognition of the deposit of biological materials with other countries.  

　After implementation of this cooperative program between Taiwan and Korea, TIPO recognizes the deposit of biological materials at the depositary designated by KIPO, and likewise, KIPO recognizes the deposit at TIPO’s designated depositary.  In this regard, Taiwanese applicants who file patent applications relating to biological materials with KIPO or South Korean applicants who file patent applications relating to biological materials with TIPO are both able to have their biological materials deposited in their respective local designated depositary, which will ultimately simplify the deposit procedure for patent applicants of both sides, avoid the possible disability of the biological materials that may be caused by cross-border deposits, and further decrease the cost of repeated deposits.  

　Currently, the Food Industry Research and Development Institute is the designated depositary of TIPO, while those designated by KIPO are the Korean Collection for Type Cultures, the Korean Culture Center of Microorganisms, the Korean Cell Line Research Foundation, and the Korean Agricultural Culture Collection.  

  In addition, it is noticeable that TIPO and KIPO mutually recognize the deposits of biological materials which had been made in the Food Industry Research and Development Institute of Taiwan or in the depositary designated by KIPO before implementation of this cooperative program without repeated deposits to be made in either Taiwan or South Korea as long as their patent applications were filed on or after September 1, 2020 and the deposit certificates are submitted before the designated deadline.  (Released 2020.09.01)  

/CCS