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MEMORANDUM BETWEEN THE ASSOCIATION OF EAST ASIAN RELATIONS AND THE INTERCHANGE ASSOCIATION FOR THE MUTUAL COOPERATION IN THE FIELD OF DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE
1.Signed on November 20, 2014 Entered into force on November 20, 2014
THE ASSOCIATION OF EAST ASIAN RELATIONS and THE INTERCHANGE
ASSOCIATION (hereinafter individually referred to as the “ Side
” or collectively as the “ Sides ” ), in regard to paragraphs
3(1) and 3(7) of the Arrangement between the Association of East
Asian Relations and the Interchange Association for the
Establishment of the Respective Overseas Offices on 26 December
1972, reaffirming the need for patent protection as a key
element for fostering technological innovation and accelerating
economic development; noting the increasing necessity to
adequately cope with the ever-growing number of internationally
filed patent applications as a result of the significant demand
for patent protection in the context of globalization of the
world economy; acknowledging the importance of ensuring high
quality, expeditious, and inexpensive patent protection for
applicants filing their applications to each other; recognizing
that the mutual recognition of the deposit of microorganisms for
the purposes of patent procedure will benefit both applicants
and industries; and desiring to further enhance their
significant role in cooperative efforts to be made worldwide in
the field of patents; will cooperate with each other in order to
obtain the necessary consent from the relevant authorities with
regard to the following matters:
1.(a) The deposit of a microorganism with any depositary
institution designated by the relevant authority of each
Side will be recognized for the purposes of any procedure
relating to a patent application or a patent by the
relevant authority of the other Side.
Note: For the purposes of this Memorandum, the term “
microorganisms ” may be deemed by a Side to be
synonymous with the term “ biological material ”.
(b) The recognition referred to in subparagraph (a) will
include the recognition of the fact and date of the
deposit as indicated by the said depositary institution as
well as the recognition of the fact that what is furnished
as a sample is a sample of the deposited microorganism.
(c) A copy of the receipt of the deposit referred to in
subparagraph (a), issued by the said depositary
institution may be required by the relevant authority of
the latter Side.
2.The recognition referred to in subparagraph 1(a) will begin in
2015 promptly after all necessary arrangements are finalized.
3.The documents for the implementation of the recognition
referred to in subparagraph 1(a) will be finalized before the
start of the recognition referred to in subparagraph 1(a).
4.This Memorandum and the documents for the implementation
referred to in paragraph 3 will be reviewed regularly and can
be modified by mutual consent upon request by either Side.
5.This Memorandum has been made in the English language.
IN WITNESS WHEREOF, the representative of the Association of
East Asian Relations and the representative of the Interchange
Association signed this Memorandum in Taipei, on November 20,
FOR THE FOR THE
ASSOCIATION OF INTERCHANGE
EAST ASIAN ASSOCIATION:
LEE Chia-chin OHASHI Mitsuo