The French government says it plans to promote Taiwan as a top choice in Asia for biotechnology partnerships with French firms, citing strong intellectual property rights protection, plentiful investment capital and access to the "China market" as key reasons.
The report comes out at a time of heightened tension over intellectual property rights protection in Taiwan. The US is currently considering imposing "Special 301" trade sanctions against the nation.
"There are no more intellectual property obstacles, but what remains to be seen is the attitude of the courts, as having a law and enforcing it are two different things," said Alain Gallochat, a European patent attorney, sent to Taiwan on behalf of the French government.
Gallochat said there was solid legal framework for intellectual property rights protection in Taiwan. In copyright infringement cases, a company can get an injunction to stop immediately production of pirated goods.
This is a key law, said Gallochat, and it helps forward the idea that Taiwan is a good business partner in the realm of biotechnology.
He said Taiwan's patent laws are right in line with the EU and the US and credited Taiwan with enacting new patent laws in line with WTO agreements, even though Taiwan is not a member.
"[Taiwan's] adoption of new rules ahead of WTO membership makes it a very attractive partner," he said.
The Intellectual Property Office in Taiwan has determined that any Taiwan researcher or company able to identify a gene (a specific protein sequence) and provide a clear industrial application of that gene can register a patent.
The patentability of animals in Taiwan remains in question, but Gallochat said this is not uncommon. Many European countries struggle with animal patenting as well and have determined patenting may not be an appropriate tool for this question. The ability to patent transgenic animals, animals whose genes have already been altered in some way, is something biotechnology companies want.
His strongest warning came in the area of contract negotiation. He admonished companies to take care in defining terms before reaching any legal agreement in Taiwan. Definitions need to be set and followed to the letter, he said.
"What is a vaccine [in a legal agreement]?" he asked. "What is the definition of `biotechnology' in Taiwan? What does `venture capital' mean? What is a `joint venture' -- it appears to mean `sub-contracting' in Taiwan."
The report also criticized the hype surrounding biotech in Taiwan and warned French companies to be careful of partners who may be looking for short-term profits only.
"We will hold a meeting between interested French companies and local companies in late April," said Aline Perrette, Commercial Attache at the French Trade Commission in Taipei.
She said a biotechnology meeting held late last year in the Alsace region of France attracted over 100 companies and investors from Taiwan.
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