◆Purpose
IPR protection is fundamental to industrial interests and national
competitiveness, and is therefore an important industrial policy for countries
the world over. As trade across the Taiwan Strait becomes more active, disputes
over IPR application, protection and infringement also increase. These problems
are the result of the increasing trading and investment activities as well as
from the fact that both sides of the Strait use the same language. IPR
protection is without doubt an issue of mutual concern. Through the signing of
the Cross-Strait Agreement on IPR Protection and Cooperation, a communication
and consultation platform can be established to help people of both sides of the
Strait to resolve IPR issues more directly, effectively and efficiently. The
signing of the Agreement could also strengthen IPR protection and cooperation,
and improve IPR protection environment for both sides. Furthermore, it would
protect the interests of Taiwan’s industries and enhance our international
competitiveness, it would also ensure that the interests of the people of both
sides are in a win-win state of affairs.
◆Benefits
1. Enhance innovation, application, management and protection of IPR
The coverage of this Agreement includes protection and cooperation of patent,
trademark, copyright and plant variety rights; this would help enhance IPR
innovation, application, management and protection.
2. Safeguard R&D achievements
Mutually recognizing priority right of patent, trademark and plant variety
will free right holders from the worry that a third party might take the
advantage of the few days gap between applications and squat the right. This
would safeguard our R&D achievement.
3. Safeguard plant seed technology and R&D, prevent plant variety technology
drain
Mutually accepting plant variety right application and carry out consultation
to expand the scope of protectable application would allow major agricultural
products from Taiwan to apply for plant variety right in China, such that it
would safeguard plant seed technology and R&D and prevent technology drain.
4. Establish Communication platform and implementation mechanism of
collaboration, coordination, disposition and consultation for competent
authorities
Setting up a communication platform and implementation mechanism for
competent authorities would strengthen exchange in IPR affairs, settle
examination differences, and effectively handle IPR related problems.
5. Foster development of cultural innovation industry in Taiwan
Copyright authentication service directly provided in Taiwan would shorten
the time it takes for the product to reach Chinese market. The setting up of a
communication platform and a consultation and disposition mechanism for
competent authorities could also help alleviate piracy problems; this would be
beneficial to the development of our cultural innovation industry.
◆Results
1. Incorporate patent, trademark, copyright and plant variety right into scope
of exchange and cooperation;
2. Mutually recognize priority right for patent, trademark, and plant variety
right;
3. Mutually accepting application for plant variety right and carry out
consultation to expand the scope of protectable application;
4. Establish an implementation mechanism of collaboration, coordination,
disposition and consultation to fight cross-border illegal IPRactivities. Both
sides will handle IPR protection matters in accordance with its respective laws
and regulations. Examples of IPR protection matters would be combating piracy
and counterfeits, clamping down on illegal download of music or movies,
preventing well-known trademark or well-known place of origin squatting, and
clamping down on copycat of Taiwan fruits, etc;
5. Copyright authentication service would be provided directly by related
associations in Taiwan (currently authentication is done via Hong Kong);
6. IPR affairs exchange and examination cooperation: This would include
facilitating meetings among personnel of competent authorities, visits and study
tours, exchanges of experience and technology, promote the mutual use of patent
search and examination results, variety right examination and testing;
7. Establish communication platform for competent authorities; setting up
working groups for patent, trademark, copyright and variety rights;
8. Encourage cooperation among patent and trademark related industries.
◆Influences
The aforementioned benefits could be achieved after the signing of this
Agreement. In addition, an improved and closer IPR protection and cooperation
across the Strait is beneficial to foreign businesses looking to enter the
Chinese market through Taiwan by setting up their R&D, production and operation
headquarters in Taiwan, allowing Taiwan to be the number one choice of global
R&D center and Pan Asia trading hub for multinational enterprises.