The agreement on “Cross-strait Cooperation in Intellectual Property Right Protection” took effect on September 12, 2010 after being signed by Chairman Pin-kung Chiang of the Straits Exchange Foundation (SEF) and President Yunlin Chen of the Association for Relations Across the Taiwan Straits (ARATS) in their June 29 meeting. The major focus of concerns is when they will accept the other side’s priority claims for plant variety right, patent and trademark. When the two sides’ competent authorities accomplished the adjustment of related internal operations, they decided to begin accepting priority claims on November 22 simultaneously and the date of registration can be traced back to September 12, 2010, the day when the cross-strait agreement took effect.

Priority Claims Can Prevent Preemptive Registration by Third Party

The Council of Agriculture (COA) said that the so-called priority means within one year from the date of the applicant’s registration in Taiwanit can be registered as the date he or she applies for plant variety right in China . Through priority claim for plant variety right, the right holder can avoid infringement of rights by illegal third party preemptive application before he or she applies for registration in China on a later date. For example, after the applicant filed the application for plant variety right in Taiwan , within the 12-month period of statutory protection he or she can apply for registration in Chinato be effective from the date of registration in Taiwan .

Priority Claims Protect Interests of Applicants

Both sides of the Taiwan Straits have mutually recognized “priority” since signing the agreement, as long as the right holder has applied for registration of plant variety right in Taiwanhe or she is guaranteed for the 12-month protection of “priority” before applying for the same registration in China , noted the COA. The mechanism will help decrease preemptive registrations or infringements of plant variety right and protect the rights and interests of people on both sides of the Taiwan Straits. Moreover, both sides can reconcile their difference of regulations through the platform of cross-strait working meetings on plant variety right and Taiwanwill negotiate for increase of species eligible for plant variety right, persuading Chinaauthorities to include such quality Taiwan agricultural products as Oncidium, mango and guava in their list of plants eligible for plant variety right. These measures will strengthen the protection of breeders’ rights and interests, ensuring to safeguard Taiwan ’s R&D achievements, said the Council.