The Taiwan government, represented by the semi-official institute Straits Communication Foundation, signed an Agreement for Cooperative Protections of Intellectual Property Rights (hereinafter referred to as the “Agreement”) with its counterpart in China, namely, the Straits Relation Association, on June 29, 2010. The Executive Yuan of Taiwan immediately confirmed the Agreement on July 1 and, as per the necessary measures to implement the Agreement, submitted drafts of amendment to Customs Rules, Trademark Acts, Patent Act, and Plant Variety Act to the legislative body for examination.

Pursuant to the Agreement, which consists of 17 articles, Taiwan and mainland China mutually recognize the right of priority based on the initial filing of patent, trademark and plant variety applications in either territory.

The parties agree to accept plant variety applications from the other side within the published category of plant varieties currently effective in the respective territories, and agree to negotiate for the enhancement of the category of the protectable plant varieties Both sides will establish cooperative systems and procedures for certification of copyrights so that in case one side intends to publish its audio or visual works in the territory of other side, those works may obtain certification of copyrights by a related association or organization designated by that party.

In addition, both sides agree to establish coordination systems and procedures for enforcement of law with respect to the following intellectual property rights protection affairs:
(1) Punishingthe acts of plagiarizing and counterfeiting, especially those by infringing web site servers in facilitating unlawful downloading;
(2) preventing the acts of squatting of renowned trademarks, geographical indications, and source names of famed products;
(3) strengthening market surveillance and implementing measures against false indication of geographical sources of fruits and other agricultural products;
(4) other matters related to intellectual property rights protection.

Under the Agreement, both sides will install special work sections for patent, trademark, copyright, and plant variety matters respectively to facilitate future communication and coordination, and will take necessary actions to promote exchange of personnel visits, information, experiences and expertise related to intellectual property rights.

Although the Agreement was signed simultaneously with the wider and more significant Economic Cooperation Framework Agreement (ECFA) between the parties, it was executed in the form of an independent agreement that will not be affected if ECFA should ever be terminated. The Taiwan Congress (Legislative Yuan) promptly ratified both ECFA and the Agreement on August 17, 2010 and on the same date completed legislation process for the amendments to the relevant articles of Trademark Act, Patent Act, and Plant Variety Act to accommodate the reciprocal recognition of priority rights under the Agreement. The Agreement has not, however, become effective yet, pending the final promulgation and notification in writing by either party.

(Author: Perkin LIAW has an LL.B. degree and an LL.M. degree in IP Law. He acted as the Chief of the Trademark Group at Tai E for a number of years before taking his current role as Manager of International Services. He specializes in trademark law, international IP litigation, technology licensing, corporate and commercial law, as well as other international agreements.)