A Study On The Cross-strait Patent And Trade Mark Protection Cooperation

The subscription of Economic Cooperation Framework Agreement—ECFA and IPR Protection Cooperation Agreement has been leading to the furthering of the cross-strait cooperation in such IPR protection as patent and trade mark by and by. The mainland and Taiwan Area inherently belong to the same country, but China neither has unified, even if China shall unify, according to the principle of"One country, two systems", Taiwan Area will maintain its own patent and trade mark laws. With the increasingly intense of the cross-strait economic exchanges, patent and trade mark will account for an even greater weight in the cross-strait economic contact. While the differences of patent and trade mark laws between the mainland and Taiwan Area have generated and will continue to generate a series of issues to the cross-strait trade and economic exchanges.Proceeding from the essentiality of the cross-strait cooperation in patent and trade mark protection, the paper will be divided into four parts. To begin with the brief comparison of the patent and trademark laws between the mainland and Taiwan Area from two aspects, i.e. the history and the status quo, the paper will be followed by elaborations on the exist issues that the mainland and Taiwan Area shall handle in patent and trade mark protection, and the above issues will center on four facets that are the subject issue, the issue of the right of priority, the effect issue in the cross-strait application of patent and trade mark as well as issues in the stipulations. The third part will expound on the cross-strait IPR Protection under the ECFA framework, i.e. IPR Protection Cooperation Agreement, including issues solved and unsolved in the fields of the cross-strait patent and trade mark protection cooperation. The forth part is concerned with propositions and the outlook of the cross-strait patent and trade mark protection cooperation, which will take the double track system of EU for references. And the mainland and Taiwan Area's respective patent and trade mark will be abolished when the time is appropriate, then only the cross-strait patent and trade mark will be preserved.