Cross-strait IPR Protection Cooperation Agreement implemented effectively

It was reported from a news conference, held by Taiwan Intellectual Property Office (TIPO) on May 3, that the Cross-strait IPR Protection Cooperation Agreement had achieved great achievements. "The communication went smooth between two sides and the Agreement was implemented effectively," Director of TIPO Wang Meihua said.

The Cross-strait IPR Protection Cooperation Agreement was signed in Chongqing on June 29, 2010 and put into force on September 12 in the same year.

Wang Meihua introduced that after repeated communications between the two sides, the mutual recognition of the priority rights of patent, trademarks and plant variety rights were finally approved on November 22, 2010. Up to March 31, 2011, the mainland had accepted 712 Taiwan patents with priority rights and 13 trademarks; while Taiwan accepted 434 patents with priority rights (with 381 invention patents, 33 utility model patents and 20 design patents respectively) and 16 trademarks from the mainland.

As cooperation mechanism was considered, as of April 30, 2011, there had been a total of 23 enterprises and 68 trademark cases requiring assistance for trademark coordination; 3 enterprises and 12 trademark cases had received authorization; 9 enterprises and 31 trademark cases were under authorization ; the rest were not accepted but given legal assistance.

As for the copyright verification, up to March 31, 2011, Taiwan's Copyright Protection Association accredited by the both sides had accepted many authentication requests from the Taiwan Video & Audio practitioners , including 27 phonograms, 5 Film & TV products, including album CDs from famous Taiwan singers as well as a number of VCDs and DVDs such as Taipei Sunday and Taipei Exchanges. It saved a lot of time and money for parties involved.

As for the plant variety rights, Taiwan authority proposed ten plant varieties, namely, doritaenopsis, oncidium, Indian jujube, Psidium guajava, mango, pineapple, carica papaya, carambola, loquat and hylocereus. The first five had been accepted for research by the mainland Ministry of Agriculture. In addition, a Taiwanese filed a plant variety application for Phalaenopsis amabilis.

Wang Meihua said the two sides has set up 4 working groups according to the Agreement. The patent working group held its first working conference in Beijing in November, 2010 and discussed the protection of priority rights of applicants from both sides. Its second conference was expected to be held in Taiwan in the second half of this year. It would cover the issues of patent application in the mainland and the examing principles and quality control of patents. The trademark working group was expected to hold its first working conference in July this year. The copyright working group would hold a working conference in the latter half of this year. The exact time and the detailed topics for discussion were under negotiation between the two sides. The plant variety working conference would be held in the mainland in August or September this year.