Cross-Strait IP Agreement In Place

18 October 2012

Taiwan’s Legislative Yuan has approved the Cross-Strait Agreement on Intellectual Property Rights Cooperation and Protection; the agreement between China and Taiwan went into effect on September 12.

According to a statement released by lawyers at Jaw-Hwa International Patent & Trademark & Law Offices in Taipei, the agreement will strengthen the cross-strait protection of patent, trademark, copyright, and plant variety rights under the principles of equality and reciprocity.

Taiwan’s government, in a separate release, says that the two sides will carry out cooperation in inspection work and cooperation between companies, and implement certification services; they will also negotiate the resolution of related issues, so as to upgrade the innovation, application, management and protection of intellectual property across the Taiwan Strait.

“In the past, when audiovisual works were exported from Taiwan to China, copyright authentication had to be carried out via Hong Kong. Under the new Agreement this can be done directly by certification agencies in Taiwan, effectively shortening the time needed for Taiwanese audiovisual works to enter the Chinese market,” the government statement said. “To crack down on piracy and copying, and prevent the malicious registration of famous trademarks, geographic indications, and origin names, and to reinforce the market surveillance and investigation of false marks of origin on fruit and other agricultural products, the two sides will set up a platform for communication between competent agencies as well as a consultation and resolution mechanism so as to provide more concrete protection for intellectual property rights.”

Jaw-Hwa notes that “applicants from both sides still cannot claim priority in practice even though the IPR agreement has become effective because the committees from both sides are still working on negotiating the resolution of related issues and the operation of the admission of priority right in detail.”

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