WTO to settle trademark disputes

Cross-strait disputes over the ownership of trademarks should be settled according to WTO regulations, the Mainland Affairs Council (MAC), said yesterday.

The issue has arisen in connection with plans to open Taiwan to investments and imports from China in the wake of the two sides' accession to the WTO.

MAC Vice Chairman Chen Ming-tong (陳明通) said yesterday at a press conference that under WTO regulations, the company that registered a trademark first in any given country had a prior right to that trademark in that country.

But he added, "Since relations between Taiwan and China are sensitive, agreement on trademarks can only be reached after negotiation, in the light of the two sides' accession to the WTO."

China entered the WTO on Dec.11 last year, followed by Taiwan on Tuesday. Although the DPP-led government hopes to normalize trade relations with China under the WTO framework, Chen said that negotiations between the two sides will provide the eventual resolution to all disputes.

Beijing is refusing to negotiate with the DPP-led government, however, until it accepts Beijing's "one China" principle.

An example of the problems the two sides might face is the case of the Chinese Beijing Quanjude Group (北京全聚德烤鴨). The China-based restaurant group has expressed an interest in investing in Taiwan but discovered that its trademark has already been registered in Taiwan.

The group, established in 1864, specializes in Peking duck, one of China's most famous dishes. In 1949, some employees of the original company fled to Taiwan and set up a separate company and registered it using the same name and trademark.

As part of preparations for WTO membership, the MAC has prepared a draft three-stage plan to lift restrictions on the import of goods from China.

The items to be approved for import into Taiwan in the first stage, to be announced by the government in the middle of the month, may include food for the catering industry, Chen said.

Chen added, however, that until regulations on Chinese investments and exports to Taiwan have been passed in the next legislative session, it is too early to discuss detailed issues such as conflicts over trademark ownership.

Chen also said the MAC believes Beijing is realizing there is a gap between its perception of public opinion in Taiwan and the reality of that opinion.

The MAC monitors speeches by China's leaders, Chen said, and "we believe that Beijing is thus forming a new policy toward Taiwan."