A Research On The Legal Issues Of The Trade Of The Agriculture Products Between Taiwan And The Mainland

Agriculture exchange is one of the three important issues of economy and trade between Taiwan and the Mainland, and the agriculture products trade is the most important one. In 2005, the government of the Mainland announced that the agriculture products from the Taiwan could distribute in the Mainland market and the Mainland would carry out the policies of zero customs dues on the fifteen kinds of fruit. However, the government of the Taiwan still restricts the sales of the agriculture products from the Taiwan to the Mainland from inspection and quarantine on the agriculture products, the protection of the intellectual property on the agriculture products and the relevant the rules of the WTO, which puts forward relevant legal issues.The article analyzes and discusses the issues above and advances relative countermeasures for the purpose of promoting the exchange of the agriculture between the Mainland and the Taiwan, especially the successful sale of the agriculture products from the Taiwan to the Mainland. As to the issues of inspection and quarantine on agriculture products, the author describes the current regulations on it in the Mainland and Taiwan, and points out the conflicts between them. Based on the discussion above, the author points out the Mainland should construct a scientific and rational safe management system of agriculture products according to the SPS Agreement. What's more, exchanges and cooperation of inspection and quarantine on agriculture products should be strengthened, and the trade barrier should be abolished to advance the export of the agriculture products of Taiwan to the Mainland. As to the legal issues intellectual property on agriculture products, the author emphases the legal issues of the patent and geographical indication of agriculture products in Taiwan, and the author suggests that exchange channel should be constructed to strengthen exchanges between Taiwan and the Mainland, the career limitation on the intellectual property protect of the lawyer should be eased, the arbitration mechanisms of intellectual property issues between Taiwan and the Mainland should be constructed, and the conflicts of the law and regulations between Taiwan and the Mainland should be removed. When it talks to the application of the rules of the WTOon agriculture products between Taiwan and the Mainland, the author describes the current situations, that is, the government of Taiwan avoids the application of the rules of the WTO on agriculture products, and restricts strictly the export of agriculture products of the Mainland to Taiwan. The article takes a viewpoint that exemption from taxation in the Mainland doesn't break the rules of the WTO. At last, the author suggests that, construction the united market is the best countermeasures. Therefore, normalization of exchange of business and trade between Taiwan and the Mainland should be realized, overall economic co-operation between Taiwan and the Mainland should be broadened, and monetary integration between Taiwan and the Mainland should be realized.