Cross-straits IP agreement


Stephen Yang

Mainland China and Taiwan signed an agreement on June 29, 2010, on cross-straits intellectual property protection.

According to the agreement, the two sides will mutually recognise priority rights on the basis of the first filing date for patents, trademarks and variety rights, and make relevant arrangements to protect them.

On November 22, 2010, the State Intellectual Property Office (SIPO) started to accept patent applications from Taiwan applicants with requests for priority based on existing Taiwan patent applications. The priority period is the same as that prescribed in the Paris Convention: 12 months for invention and utility model applications and six months for industrial design applications.

On the same day, the Chinese trademark office also started to accept trademark applications from Taiwan applicants based on existing Taiwan applications. The priority date for both patent and trademark applications must be on or after September 12, 2010—the effective date of the agreement on cross-straits intellectual property protection.

IP rights