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Cross Strait Cooperation Agreement on Intellectual Property Protection (full text)
 
 
Source: Xinhua Date: June 30, 2010 09:28

 

Xinhua Chongqing, June 29 Chen Yunlin, President of the Association for Cross Strait Relations, and Jiang Bingkun, President of the Taiwan Strait Exchange Foundation, signed the Cooperation Agreement on Cross Strait Intellectual Property Protection in Chongqing on June 29. The full text is as follows:

In order to protect the rights and interests of people on both sides of the Taiwan Straits and promote economic, technological and cultural development on both sides of the Taiwan Straits, the Association for Cross Straits Relations and the Taiwan Straits Exchange Foundation, a consortium legal person, have reached an agreement on the protection and cooperation of intellectual property rights (intellectual property rights) on both sides of the Taiwan Straits through equal consultation as follows:

1、 Cooperation objectives

Both parties agree to strengthen exchanges and cooperation in the protection of intellectual property rights (intellectual property rights) across the Taiwan Straits, such as patents, trademarks, copyrights, and new plant variety rights (plant variety rights) (hereinafter referred to as variety rights), in line with the principle of equality and reciprocity, negotiate to solve relevant problems, and improve the innovation, application, management and protection of intellectual property rights (intellectual property rights) across the Taiwan Straits.

2、 Priority

Both parties agree to confirm the effectiveness of the first application date of each other's patents, trademarks and variety rights in accordance with their respective provisions, and actively promote the making of corresponding arrangements to safeguard the priority rights and interests of people across the Straits.

3、 Protected varieties

Both parties agree to accept the other party's application for variety rights within the scope of the plant variety protection list (plant species) announced by each party, and negotiate on expanding the plant variety protection list (plant species that can apply for variety rights).

4、 Review cooperation

Both parties agree to promote mutual cooperation and consultation on the use of patent search and examination results, variety right examination and testing.

5、 Industry cooperation

The two sides agreed to promote cross-strait cooperation in patents, trademarks and other industries and provide effective and convenient services.

6、 Certification services

The two sides agreed to establish a copyright certification cooperation mechanism in order to promote copyright trade between the two sides. When one party's audio-visual (audio-visual) products are published in the other party, the relevant associations or groups designated by one party may handle copyright certification, and exchange views on the establishment of certification systems for books, software (computer programs) and other works and products.

7、 Coordination mechanism

Both parties agree to establish a law enforcement coordination mechanism to properly handle the following intellectual property rights (intellectual property rights) protection matters in accordance with their respective provisions:

(1) Combating piracy and counterfeiting, especially investigating and punishing pirated books, audiovisual (audio-visual) and software (computer programs) and other infringing websites provided or helped to provide via the Internet (the Internet), as well as pirated and counterfeit products circulating in the market;

(2) Protect well-known (famous) trademarks, geographical indications or names of famous places of origin, jointly prevent malicious rush registration, and protect the obligee's right to apply for cancellation of the hastily registered well-known (famous) trademarks, geographical indications or names of famous places of origin;

(3) Strengthen market supervision and investigation measures for false origin labels (indications) of fruits and other agricultural products;

(4) Other intellectual property (intellectual property) protection matters.

When handling the above rights and interests protection matters, both parties can provide each other with necessary information and report the results.

8、 Business communication

Both parties agree to carry out intellectual property (intellectual property) business exchange and cooperation as follows:

(1) Promote the personnel of the competent business departments to hold work meetings, study visits, experience and technical exchanges, hold seminars, etc., and carry out relevant business training;

(2) Exchange system specifications, data, literature (database) and other relevant information;

(3) Promote cooperation on electronic exchange of relevant documents;

(4) Promote the exchange and cooperation of copyright collective management organizations;

(5) Strengthen the propaganda to relevant enterprises, agents and the public;

(6) Other cooperation matters agreed by both parties.

9、 Work planning

Both parties agree to set up working groups on patents, trademarks, copyrights and variety rights respectively to negotiate specific work plans and schemes.

10、 Confidentiality obligations

Both parties agree to keep confidential the information obtained in the activities related to the implementation of this Agreement. However, this restriction shall not apply to users for the purpose of request.

11、 Restricted use

Both parties agree to use the information provided by the other party only for the purpose of request. Unless otherwise agreed by both parties.

12、 Form of instrument

Both parties agree to use the agreed document format for exchange, notification, information inquiry and daily business contact.

13、 Contact subject

The matters agreed herein shall be implemented by the contact persons designated by the competent business departments of both parties. When necessary, other units may be designated to contact with each other upon mutual consent.

Other matters related to this Agreement shall be contacted by the Association of Cross Strait Relations and the Taiwan Strait Exchange Foundation, a consortium legal person.

14、 Agreement performance and change

Both parties shall abide by the agreement.

Changes to this Agreement shall be agreed by both parties through consultation and confirmed in writing.

15、 Dispute resolution

Any dispute arising from the application of this Agreement shall be settled by both parties through negotiation as soon as possible.

16、 Uncovered matters

If there are any matters not covered in this agreement, both parties can negotiate separately in an appropriate way.

17、 Signed and effective

After signing this agreement, both parties shall complete relevant procedures and notify the other party in writing. This Agreement shall come into force on the next day after both parties receive the notice from the other party.

This agreement was signed on June 29 in quadruplicate, with each party holding two copies.

Cross Strait Relations Association Foundation

President Chen Yunlin President Jiang Bingkun

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 
Edit: Sun Yunxia       

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