Date: April 2,2004
Mr. Daniel HANGARD
DIRECTOR GENERAL
National Institute for Industrial Property
"Dear Director General,
With reference to the latest discussion during the 4th bilateral
commission in Cognac, on 23rd October 2000, concerning the mutu-
al granting of a priority right as regards patents, trademarks
and industrial designs, I have the pleasure to notify you of the
fact that the Intellectual Property Office in Taipei is willing
to enter with the National Institute for Industrial Property in
Paris into an agreement to amend the "Exchange of Letters betwe-
en National Institute for Industrial Property in Paris and Nati-
onal Bureau of Standards, Ministry of Economic Affairs in Taipei
concerning the Mutual Granting of a Priority Right as regards
Patents, Designs and Trademarks, and Cooperation" dated 1st July
1996, in these fields under the following terms and conditions:
1.National Institute for Industrial Property in Paris (INPI),
and Intellectual Property Office in Taipei (TIPO), hereinafter
referred to as "the Parties", record formally that each of the
Parties shall accept priority claims in relation to applicati-
ons for patents of invention, for utility model patents or ut-
ility certificates, and for design patents, or designs and mo-
dels, based on a first filing effected with the other Party (
or based on a first filing effected with a country which is a
member of the World Trade Organization or a party to the Paris
Convention for the Protection of Industrial Property and also
has a reciprocal priority arrangement with TIPO) by its natio-
nals, on or after the date on which this Amendment takes effe-
ct. The Parties note that the reciprocity condition provided
for in both statutes is complied with and accordingly shall
exempt the applicants from producing proof thereof.
2.This Amendment to the exchange of letters is a reciprocity Ag-
reement as regards priority in the field of trademarks. Appli-
cants with each of the Parties can avail themselves of this
Agreement as of right. Each of the Parties shall accept prior-
ity claims deriving from a first application for the registra-
tion of a trademark effected with the other Party (or based on
a first filing effected with a country which is a member of
the World Trade Organization or a party to the Paris Conventi-
on for the Protection of Industrial Property and also has a
reciprocal priority arrangement with TIPO) on or after the da-
te on which this Amendment takes effect.
3.Both Parties (INPI and TIPO) accept priority claims by nation-
als of the other Party, based on a first filing effected under
international treaties such as the Hague Agreement, the Europ-
ean Patent Convention, and the Patent Cooperation Treaty on or
after the date on which this Amendment takes effect.
4.For the purpose of the implementation of the preceding Provis-
ions, notably of the definition and of the time limits, both
Parties shall refer to Article 4 of the Paris Convention for
the Protection of Industrial Property.
5.At their convenience and on terms to be agreed upon between
the Directors General of the parties, INPI and TIPO shall exc-
hange:
a) Information and Experience:
‧on their respective organization and management
‧on their procedures (search and examination, notably)
b) Technical documentation and publications
c) Trainees
6.Both Parties shall keep each other informed of the way in whi-
ch this Amendment is implemented as well as the difficulties
with implementation which may be encountered. The Parties sha-
ll exchange views on the evolution of national laws and on any
issue related to industrial property rights protection.
If the above-mentioned provisions suit you, I have the pleasure,
Sir, to suggest that this letter and your acceptance reply cons-
titute an Agreement in this field between our two offices, which
shall enter into force on the date of acceptance reply.
I avail myself of this opportunity to renew to you the assuranc-
es of my highest consideration.
Yours sincerely,
Lien-Sheng Tsai
Director General
Intellectual Property Office
Ministry of Economic Affairs
Date: April 2,2004
Mr. Lien-Sheng Tsai
DIRECTOR GENERAL
Intellectual Property Office, MOFA
19th Fl., No. 185, Hsin-Hai Road, Sec. 2,
Taipei, Taiwan
Dear Director General,
It is my honor to acknowledge the receipt of your letter of tod-
ay which reads as follows:
"Dear Director General,
With reference to the latest discussion during the 4th bilateral
commission in Cognac, on 23rd October 2000, concerning the mutu-
al granting of a priority right as regards patents, trademarks
and industrial designs, I have the pleasure to notify you of the
fact that the Intellectual Property Office in Taipei is willing
to enter with the National Institute for Industrial Property in
Paris into an agreement to amend the "Exchange of Letters betwe-
en National Institute for Industrial Property in Paris and Nati-
onal Bureau of Standards, Ministry of Economic Affairs in Taipei
concerning the Mutual Granting of a Priority Right as regards
Patents, Designs and Trademarks, and Cooperation" dated 1st July
1996, in these fields under the following terms and conditions:
1.National Institute for Industrial Property in Paris (INPI),
and Intellectual Property Office in Taipei (TIPO), hereinafter
referred to as "the Parties", record formally that each of the
Parties shall accept priority claims in relation to applicati-
ons for patents of invention, for utility model patents or ut-
ility certificates, and for design patents, or designs and mo-
dels, based on a first filing effected with the other Party (
or based on a first filing effected with a country which is a
member of the World Trade Organization or a party to the Paris
Convention for the Protection of Industrial Property and also
has a reciprocal priority arrangement with TIPO) by its natio-
nals, on or after the date on which this Amendment takes effe-
ct. The Parties note that the reciprocity condition provided
for in both statutes is complied with and accordingly shall
exempt the applicants from producing proof thereof.
2.This Amendment to the exchange of letters is a reciprocity Ag-
reement as regards priority in the field of trademarks. Appli-
cants with each of the Parties can avail themselves of this
Agreement as of right. Each of the Parties shall accept prior-
ity claims deriving from a first application for the registra-
tion of a trademark effected with the other Party (or based on
a first filing effected with a country which is a member of
the World Trade Organization or a party to the Paris Conventi-
on for the Protection of Industrial Property and also has a
reciprocal priority arrangement with TIPO) on or after the da-
te on which this Amendment takes effect.
3.Both Parties (INPI and TIPO) accept priority claims by nation-
als of the other Party, based on a first filing effected under
international treaties such as the Hague Agreement, the Europ-
ean Patent Convention, and the Patent Cooperation Treaty on or
after the date on which this Amendment takes effect.
4.For the purpose of the implementation of the preceding Provis-
ions, notably of the definition and of the time limits, both
Parties shall refer to Article 4 of the Paris Convention for
the Protection of Industrial Property.
5.At their convenience and on terms to be agreed upon between
the Directors General of the parties, INPI and TIPO shall exc-
hange:
a) Information and Experience:
‧on their respective organization and management
‧on their procedures (search and examination, notably)
b) Technical documentation and publications
c) Trainees
6.Both Parties shall keep each other informed of the way in whi-
ch this Amendment is implemented as well as the difficulties
with implementation which may be encountered. The Parties sha-
ll exchange views on the evolution of national laws and on any
issue related to industrial property rights protection.
I avail myself of this opportunity to renew to you the assuranc-
es of my highest consideration.
In reply, I have the pleasure to accept, on behalf of the INPI,
the foregoing conditions contained in your letter and to confirm
that your letter and this letter in reply shall constitute an
Agreement between our two officies which shall into force on the
date of this letter.
Yours sincerely,
Daniel HANGARD
Director General
French National Institute
For Industrial Property