Memorandum of Understanding Between The Intellectual Property
Office of Ministry of Economic Affairs in Taiwan and The Austra-
lian Commerce and Industry Office On Cooperation in Industrial
Property

The Intellectual Property Office of the Ministry of Economic Af-
fairs in Taiwan and The Australian Commerce and Industry Office
(hereinafter referred to as "the Parties") have embodied their
understandings in this Memorandum.

Implementing Authorities

This Memorandum of Understanding will be implemented:
a) on behalf of Taiwan by the Intellectual Property Office of
Ministry of Economic Affairs of Taiwan, in Taiwan.
b) on behalf of the Australian Commerce and Industry Office by
IP Australia, in Canberra, Australia.

Interpretation

In this Memorandum of Understanding "Industrial Property" shall
have the same meaning as is provided for in the Paris Convention
for the Protection of Industrial Property, as amended in 1979.

Paragraph 1
The scope of cooperation in Industrial Property related matters
will not only cover those elements of this Memorandum of Unders-
tanding but will also cover areas that both Parties are willing
to cooperate upon that are in the best interests of each Party
to enhance the existing relationship in the protection of intel-
lectual property rights.

Paragraph 2
Information Systems Data Exchange
Where practical, the Implementing Authorities will exchange data
and experiences regarding their Industrial Property related inf-
ormation systems, particularly in the area of e-filing systems.
This information will consist mainly of the technical aspects of
the data processing and their applied technology. Provided how-
ever that certain information as requested will not be provided
nor published in any respect, if it is determined by the respon-
ding Implementing Authority to be confidential in nature due to
the operation of law or by the discretion of the Parties involv-
ed.

Paragraph 3
Confidential information
The Implementing Authorities will respect the confidentiality of
any information which is provided to it in confidence by the ot-
her Implementing Authority and, without limiting the generality
of the forgoing, will not publish, copy or distribute that info-
rmation.
After termination of this Memorandum of Understanding the Imple-
menting Authorities will continue to respect the confidentiality
of confidential documents exchanged between them pursuant to th-
is paragraph and Paragraph 2.

Paragraph 4
Exchange of Technical Personnel
Where practical, and subject to each Implementing Authority's
financial constraints, they will exchange technical personnel
including but not limited to patent and trade mark examiners in
order to facilitate the implementation of this Memorandum of
Understanding, through the holding of practical training progra-
ms and workshops/seminars.

Paragraph 5
Information Exchange
Where practical, the Implementing Authorities will exchange inf-
ormation available, in English, as regards any legal issues per-
tinent to this Memorandum of Understanding, particularly the de-
velopment of the Industrial Property rights laws, regulations,
executive decisions, and enforcement. If either Implementing
Authority should require information related to Industrial Prop-
erty related matters, but beyond their authority, the requested
Implementing Authority will do its best to refer such requests
to the competent authority for response.

Paragraph 6
Publications Exchange
The Implementing Authorities will exchange Industrial Property
rights publications including but not limited to periodicals,
gazettes and pamphlets. The publications may be provided to the
requesting party electronically. The publications to be exchan-
ged should be in English.

Paragraph 7
Annual Meeting
Both Implementing Authorities will endeavour to meet once a year
to exchange views on international developments and matters of
mutual interest. This annual meeting may be held, where conven-
ient to both parties, in person, via electronic means or whilst
attending other multilateral meetings.

Paragraph 8
Commencement
This Memorandum of Understanding will come into effect on the
date of the signatures thereof.

Paragraph 9
Termination
Either Party, upon six months advance written notice to the oth-
er Party, may terminate this Memorandum of Understanding at any
time.

Paragraph 10
Review and Amendment
This Memorandum of Understanding may be amended by mutual writt-
en consent of the Parties at the request of either Party.
Signed in Taipei, Taiwan on 23 April 2004, in duplicate each in
the Chinese and English languages, the two texts being equally
valid. In case of any divergence in interpretation, the English
text governs.


On behalf of the Intellectual On behalf of the Australian
Property Office (TIPO) of the Commerce and Industry Office
Ministry of Economic Affairs
in Taiwan


─────────────── ──────────────
Tsai, Lien-Sheng Frances Adamson
Director General / Intellectual Representative/ Australian
Property Office (TIPO) of the Commerce and Industry Office
Ministry of Economic Affairs in
Taiwan