The legislature suggested listing intellectual property rights (IPR) protection in the government’s planned Economic Cooperation Framework Agreement (ECFA) with China, saying that IPR disputes involving Taiwanese businesses operating in China were common.
The legislature’s Organic Laws and Statutes Bureau brought up the proposal in its latest report on China’s existing IPR laws and their effect on Taiwanese businesses.
The report said that most legal disputes in the Chinese market were related to patents, trademarks and copyrights held by Taiwanese businesses, adding that the value of IPR has never been treated as an asset in China and Taiwanese businesses have been unsuccessful in mapping out IPR protection strategies.
The report also said “protectionism” is the greatest hurdle facing Taiwanese investors doing business in China.
It also said that while the two sides have different patent laws, China has a lack of experience and methods for handling patent disputes. The Chinese authorities are often inefficient in protecting Taiwanese businesses’ IPR interests, the report said.
The report suggested building an “IPR forum Web site” for Taiwanese businesses operating in China that would serve as a platform for information and opinion exchanges on IPR issues.
The report also suggested discussing the opening of offices in charge of cross-strait IPR disputes on the agenda of the planned fourth round of cross-strait talks between Straits Exchange Foundation Chairman Chiang Pin-kung (江丙坤) and China’s Association for Relations Across the Taiwan Strait Chairman Chen Yunlin (陳雲林), which is scheduled for later this year.
Another option would be to include in the proposed ECFA guidelines for regular cross-strait exchanges of personnel responsible for patent and trademark review and cross-strait cooperation in fighting counterfeiting, forgery and pirating, the report said.
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