The Taipei Mission in Korea and the Korean Mission in Taipei
(hereinafter individually referred to as a “ Side ”, and
jointly as the “ Sides ” );

Recognizing the importance of patent protection in promoting a
sound national and global economy, encouraging economic
investment and fostering technological innovation;

Taking into consideration the necessity of more efficient
management of an ever-growing number of internationally filed
patent applications which have arisen from the increase in
demand for gaining patent protection for inventions facing
economic globalization;

Striving to reduce the burden of applicants having to repeat the
process of making a deposit of biological materials for the
purpose of patent procedure; and

Desiring to promote inter-office cooperation and exercise
greater leadership in worldwide cooperative efforts in the area
of patent;

Confirm their understanding that the following will be carried
out by respective relevant authorities:

1. This Memorandum of Understanding (hereinafter referred to as
“ MOU ” )is to establish a cooperation framework in the
field of mutual recognition of deposit of biological
materials for the purpose of patent procedure between the
Taiwan Intellectual Property Office (TIPO) and the Korean
Intellectual Property Office (KIPO) (hereinafter individually
referred to as an “ Office ”, and jointly as the “ Offices
” ).
2. In the event where an applicant files a patent application
with TIPO and deposits biological material in a depositary
located in Korea and designated by KIPO, such deposit shall
be governed by the laws and regulations of Korea. However,
persons qualified for requesting to be furnished with a
sample and the grounds for requesting to be furnished with a
sample shall be governed by the laws and regulations of
Taiwan.
3. In the event where an applicant files a patent application
with KIPO and deposits biological material in a depositary
located in Taiwan and designated by TIPO, such deposit shall
be governed by the laws and regulations of Taiwan. However,
persons qualified for requesting to be furnished with a
sample and the grounds for requesting to be furnished with a
sample shall be governed by the laws and regulations of
Korea.
4. The depositary located in Korea and designated by KIPO as
referred to in Paragraph 2 shall mean either the Korean
Collection for Type Cultures (KCTC) or the Korean Culture
Center of Microorganisms (KCCM) or the Korean Cell Line
Research Foundation (KCLRF) or the Korean Agricultural
Culture Collection (KACC).
5. The depositary located in Taiwan and designated by TIPO as
referred to in Paragraph 3 shall mean the Food Industry
Research and Development Institute (FIRDI).
6. The deposit of biological materials made for the purpose of
patent procedure at a depositary designated by one Office
shall be recognized for the purpose of patent procedure by
the other Office.
7. The scope of the recognition referred to in Paragraph 6 shall
include the fact and the date of the deposit as provided by
the designated depositary and what is furnished as a sample
is one of the deposited biological materials.
8. With respect to a deposit made pursuant to Paragraph 6, a
copy of the certificate of the deposit issued by the
designated depositary, the name of the designated depositary,
the accession number, and a description of the
characteristics of the biological material may be required by
the other Office.
9. The depositor may not withdraw the deposit after receiving
the certificate of deposit issued by the designated
depositary.
10.
(1) Where a designated depositary of either Office cannot
furnish samples of the deposited biological materials for
any reason, including, (a) where such biological materials
are no longer viable, or (b) where the furnishing of samples
would require that they be sent abroad and the sending or
the receipt of the samples abroad is prevented by export or
import restrictions, that depositary will promptly notify
the depositor of such inability, indicating the cause
thereof, and the depositor can make a new deposit of the
biological materials which were originally deposited.
(2) The new deposit will be made with the designated depositary
with which the original deposit was made, provided, however,
that: (a) it will be made with another designated depositary
of either Office where the designated depositary of that
Office with which the original deposit was made has ceased
to have the status of a designated depositary, (b) it may be
made with another designated depositary of either Office in
the case referred to in subparagraph (1)(b).
(3) Any new deposit will be accompanied by a statement signed by
the depositor alleging that the newly deposited biological
material is the same as that originally deposited.
(4) With respect to subparagraphs (1) through (3) and (5), the
new deposit will be treated as if it had been made on the
date on which the original deposit was made where all the
preceding statements concerning the viability of the
originally deposited biological material indicated that the
biological material was viable and where the new deposit was
made within three months after the date on which the
depositor received the notification referred to in
subparagraph (1).
(5) Where subparagraph (2)(a) applies and the depositor does not
receive the notification referred to in subparagraph (1)
within six months after the date on which the termination
referred to in subparagraph (2)(a) was published by the
relevant Office, the three – month time limit referred to
in subparagraph (4) will be counted from the date of the
said publication.
11.
(1) If any designated depositary temporarily or definitively
discontinues the performance of any of the tasks it should
perform, the designating Office shall adopt the following
measures:
(a) ensure that the original depositary promptly notifies
thereof to all the depositors affected by the
discontinuance of the performance of its functions; and
(b) promptly notify the other Office of the fact and the
extent of the discontinuance in question and of the
measures which have been taken by the said designating
Office.
(2) Where the depositor receives a certificate of the deposit
from the receiving depositary stating the new accession
number given to the original deposit, the Office with which
a patent application was filed shall be notified of the new
accession number by the depositor.
12. If any designated depositary refuses to accept the deposit
of any of the kinds of biological materials which it should
accept, the designating Office will promptly notify the
other Office of the relevant facts and the measures which
have been taken thereof.
13. The operation and management of a depositary, which is
designated by either TIPO or KIPO, shall comply relevant
regulations.
14. Where the request of a deposit of biological material has
been filed prior to the implementation of this MOU and the
relevant patent application for invention is filed with TIPO
or KIPO after such implementation, this MOU may also apply
thereof.
15. This MOU will be carried out within the framework of the
respective laws and regulations and subject to the
availability of appropriated funds and personnel of TIPO and
KIPO.
16. The recognition referred to in Paragraph 6, i.e. the
implementation of this MOU, will begin on September 1, 2020
after all the necessary arrangements are finalized.

This MOU may be amended by the mutual written consent of the
Sides.

This MOU will come into effect on the date of the last signature
by the Sides.

Signed in duplicate at Taipei on Aug. 17, 2020 and at Seoul on
Aug. 7, 2020, in the English language.


For the Taipei Mission For the Korean Mission
in Korea in Taipei
__________________ __________________
Diann-wen Tang Young-hoon Kang
Representative Representative