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Landmark 2010 cross-Straits IP agreement brings results

More than 14,000 patent applications have been accepted by both sides since a cross-Straits intellectual property agreement took effect in 2010, Wang Meihua, director of Taiwan Intellectual Property Office, told China News Service.

By September last year Taiwan authorities had accepted 5,770 patent applications from the Chinese mainland, while IP offices on the mainland received more than 8,600 filings from Taiwan.

Taiwan also accepted 2,350 trademark applications filed by mainland companies in the first 11 months of 2012, 19 percent more than in the entire previous year. For its part, the mainland received more than 13,000 trademark applications from Taiwan companies and individuals in the first nine months of last year, 80 percent more than all of 2011.

The burgeoning number of filings is the result of the Cross-Straits Intellectual Property ProtectionCooperation Agreement signed in 2010.

"It has run pretty well so far and has initially won the faith of both societies," said Wang. "We are confident that it will play a positive role in further deepening cross-Straits industry cooperation."

Wang said the agreement allows the Taiwan Association of Copyright Protection to handle services for authenticating locally made audio and video products on the mainland market.

"Products can enter the mainland market immediately after getting certification. The time limit has been shortened to three days from the previous few months," Wang said, adding the process "will definitely help boost development of Taiwan's cultural and creative industries".

By the end of November 2012, the Taiwan association had received 317 requests for authentication of music and video products.

Exchanges of intellectual property between the two sides have been "frequent, tacit and well-intentioned" in recent years, according to Wang.

Six forums and conferences were held on both sides of the Straits in the second half of 2012.

"We reached consensus on many issues, such as the establishment of copyright information sharing system and integrated crime investigation," she noted.

In addition, some well-known Taiwan trademarks were successfully registered on the mainland, which would have been difficult without the agreement.

Cases of malicious registration of Taiwan trademarks on the mainland have now been settled through a negotiation mechanism in the agreement.

Chairman of Foxconn Technology Group Guo Taiming has called for Taiwan authorities to improve the local intellectual property laws and regulations to better protect the rights of Taiwan companies.

He added that authorities from Taiwan and the mainland should jointly draw up the new standards.

Taiwan and the mainland both face challenges in the digital age, so Guo's proposal shows Taiwan businesspeople and entrepreneurs have realized the urgent necessity to widen cross-Straits cooperation in IP protection, Wang added.

http://usa.chinadaily.com.cn/business/2013-01/09/content_16098243.htm

Edward Lehman 雷曼法学博士
Managing Director 董事长
elehman@lehmanlaw.com

LEHMAN, LEE & XU China Lawyers
雷曼律师事务所
Founder of LehmanBrown
雷曼会计师事务所创办人

Lehman, Lee & Xu is a top-tier Chinese law firm specializing in corporate, commercial, intellectual property, and labor and employment matters. For further information on any issue discussed in this edition of China Trademark In The News or for all other enquiries, please e-mail us at mail@lehmanlaw.com or visit our website at www.lehmanlaw.com.

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