The Taipei Mission in Korea and the Korean Mission in Taipei
(hereinafter referred to as the “ Sides ” ),
Recognizing that industrial property (IP) information needs to
be disseminated globally, not only to facilitate the protection
of IP rights worldwide but also to promote scientific and
technological development,
Considering that the electronic transfer of priority documents
will benefit the Taiwan Intellectual Property Office (TIPO) and
the Korean Intellectual Property Office (KIPO), hereinafter
referred to as “ the Offices ”, by reducing the administrative
costs associated with handling paper copies and by enabling
electronic records management, and
Desiring to foster closer cooperation between the Offices within
the field of IP in order to promote the creation, protection,
and enforcement of IP rights,
Have reached the following understanding:
1. Exchange of IP Data
1. The Offices will strengthen their relationship, based on the
principle of reciprocity, by providing to each other, free
of charge, public IP information with respect to
applications for patents, utility models, designs, and
trademarks (hereinafter referred to as “ IP Data ” ).
Details of the IP Data that the Offices will provide to each
other are included in the Annex to this Memorandum of
Understanding.
2. Existing arrangements between the Offices on the exchange of
data will remain unaffected by this Memorandum of
Understanding insofar as they cover data other than IP Data.
3. The Offices providing IP Data will allow the receiving
Offices to use the exchanged IP Data for internal use (i.e.
official use, library use, search use) as well as for
external use (i.e. provision to third parties for commercial
use). The exchanged IP Data may be distributed to the public
or third parties in any applicable form.
2. Electronic Exchange of Priority Documents
1. The Offices will transfer certified copies of patent
applications for inventions and utility models for which
priority is claimed (“ priority documents ” ),
electronically. This Memorandum of Understanding will not
extend to priorities claimed in the electronic transfer of
design patent applications.
2. Priority document exchange will be in accordance with
mutually determined technical procedures and guidelines, and
the means used for such priority document exchange will be
jointly determined by the Offices and may be subject to
change based on the mutual consent of the Offices.
3. The Offices will maintain the confidentiality of priority
documents received from unpublished applications until their
publication by both Offices, and will ensure that the
priority documents are accessible only to the Offices and
the appropriate applicants.
3. Settlement of Disputes
If any dispute arises from the interpretation or
implementation of this Memorandum of Understanding, the Sides
will meet promptly and attempt to reach an amicable
settlement in good faith.
4. Entry into Effect, Duration, Termination, and Amendment
1. This Memorandum of Understanding will come into effect on
the date of signature by the Sides and will have duration of
five (5) years.
2. This Memorandum of Understanding will be automatically
renewed unless it is terminated by either Side by means of a
termination letter sent by registered post no later than six
(6) months prior to the expiry date of this Memorandum of
Understanding.
3. This Memorandum of Understanding may be amended with the
mutual consent of the Sides. Any amendment will be
formalized in writing and will include the dates on which
such amendment becomes effective.
Signed in duplicate at Taipei, on the 15th of June, 2015, in the
English language.
For the Taipei Mission For the Korean Mission
in Korea In Taipei
__________________ __________________
SHIH Ting CHO Baek-sang
Representative Representative