Cross-Strait Discussions on Well-Known Trademarks Protection

July 15, 2004

Cross-Strait Discussions on Well-Known Trademarks Protection
According to the Taiwanese media, officials from the Chinese Trademark Office (CTO) and the Taiwan Affairs Office (TAO) of the Chinese State Council met in the beginning of July to hold talks with officials from the Taiwan Intellectual Property Rights Office (TIPRO). This was the first face-to-face discussion on how to strengthen mutual protection of well-known trademarks. It is also the first official meeting between the two parties after May 20 event, and of the biggest ever scope, rank and significance among other trademark-related discussions.

As reported, the delegation of the Chinese Trademark Association (CTA) comprised twenty representatives and was led by CTA General Secretary and former CTO Deputy Director Cao Zhongqiang. Among its members were two CTO officials, two officials from the Trademark Appraisal Committee, four Supreme Court and Intermediate Court judges involved in settling trademark disputes and two TAO officials and experts.

After its arrival in Taiwan on July 5, the CTA delegation held a conference for TIPRO officials and legal experts entitled “Cross-strait Trademark Economy and Trade – round-table discussions”. TIPRO Director Cai Liansheng opened the discussions, after which Deputy Director Lu Wenxiang, the chairman, and many other TIPRO and CTO officials discussed trademark examination, dispute settlement etc practical problems.

As disclosed by a partaker, the topics debated by the cross-strait trademark leading officials were how to strengthen protection of famous trademarks. Although the parties did not reach any particular agreement, they achieved mutual understanding through face-to-face talks and privately exchanged opinions. Namely, whenever a company from the other part submits an application, the principles of independence and fairness of examination must be always applied. This is a positive message with respect to the original manufacturer’s pursuit of a free brand name.