This document outlines the commitments of the implementing
authorities to build an ongoing cooperative relationship that
contributes to the needs and priorities of each organisation.
This document reflects the shared understandings of both
1. Implementing Authorities
1.1 This Memorandum of Understanding will be implemented:
a. on behalf of the Taipei Economic and Cultural Office in
Australia by the Intellectual Property Office of the
Ministry of Economic Affairs in Taiwan (TIPO).
b. on behalf of the Australian Commerce and Industry Office,
Taipei by IP Australia in Canberra, Australia.
2.1 In this Memorandum of Understanding, “Industrial Property”
will have the same meaning as is provided for in the Paris
Convention for the Protection of Industrial Property, as
amended in 1979.
3. Key Activities and Commitments
The following areas have been identified by the implementing
authorities as potential key areas for mutually beneficial
3.1 Training of Technical Personnel
3.1.1 IP Australia will accommodate the placement of up to two
senior TIPO trade mark examiners for a two week period to
participate in scheduled training programs at IP
Australia. The timing of this placement will be mutually
arranged by TIPO and IP Australia. The aim of this
placement is to enhance the skills and understanding of
senior TIPO officials on Australia’s approach to trade
mark examination and administration practices, and for the
information and knowledge acquired during the placement to
be shared with trade mark examiners and officials at TIPO.
3.1.2 TIPO will accommodate the placement of up to two IP
Australia designs examiners to participate in training and
information exchange at TIPO. The timing and length of
this placement will be mutually arranged by TIPO and IP
3.2 Data Exchange
3.2.1 TIPO and IP Australia will endeavour to exchange, via
electronic means, Industrial Property data, and approaches
to making data available publicly and accessible.
3.2.2 Where practical, TIPO and IP Australia will exchange
experiences regarding their Industrial Property related
information systems, particularly in the area of e-filing
3.3 Participation in seminars and conferences
3.3.1 When appropriate, TIPO and IP Australia will invite
officials from each office to participate in
seminars/conferences on industrial property issues that
are organised by either TIPO or IP Australia.
3.4 Information and publication exchange
3.4.1 Information and publications to be exchanged may include,
but are not limited to, the following:
． annual reports, corporate publications, and public
education/outreach materials developed by TIPO and IP
． relevant industrial property laws and regulations in
Taiwan and Australia
． approaches to IPR enforcement in Taiwan and Australia
． IP office administration and management issues, such as
． protection of Traditional Knowledge, Plant Variety
Rights, Genetic Resources and Folklore
． insights into major issues faced by Taiwanese IPR owners
operating in Australia, and likewise Australian IPR
owners operating in Taiwan.
． on-line newsletters/publications available via TIPO and
IP Australia subscription based mailing lists
3.4.2 TIPO and IP Australia will commit to exchange views on
international industrial property developments and matters
of mutual interest. These exchanges may be held, where
convenient to both offices, in person, via electronic
means or whilst attending other multilateral meetings,
such as APEC Intellectual Property Rights Expert Group
3.4.3 If either office should require information related to IPR
protection and enforcement that is beyond their authority,
the requested office will do its best to refer such
requests to the relevant authority for response.
4.1 Activities will be subject to the availability of funds and
resources, and to the applicable laws and regulations,
policies and programs of Taiwan and Australia.
4.2 This Memorandum of Understanding will take effect from the
date of signing and remain in effect for a period of two
years. It may be amended by mutual written determination
prior to its expiry and amendment may be initiated by either
TECO or ACIO.
4.3 This Memorandum of Understanding supersedes the previous
Memorandum of Understanding signed on 23 April 2004.
4.4 The implementing authorities will render mutual assistance
in the performance of the above understandings.
4.5 Either TECO or ACIO may terminate this Memorandum of
Understanding by giving three months prior notice in writing.
4.6 The implementing authorities will respect the
confidentiality of any information which is provided to it
in confidence by the other party and, without limiting the
generality of the foregoing, will not publish, copy or
distribute that information.
Signed at Taipei, Taiwan on 9 October 2008, in duplicate each in
the Chinese and English languages, the two texts being equally
valid. In case of any divergence in interpretation, the English
On behalf of the Taipei On behalf of the Australian
Economic and Cultural Commerce and Industry
Office in Australia Office, Taipei
Dr Gary Song-Huann Lin Ms Alice Cawte
Taipei Economic and Australian Commerce and
Cultural Office in Industry Office, Taipei