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1.Signed on September 3, 2008; Entered into Force on September 3, 2008

 
In Madrid, September 3, 2008.

Between

Ms. Wang Mei-Hua, Director General of the Taiwan Intellectual
Property Office , hereinafter referred to as the TIPO, as
representative of the same pursuant to her appointment as
Director General of the Taiwan Intellectual Property Office by
decree Jing-ren N° 09603523230 of the Ministry of Economic
Affairs of November 28, 2007

and,

M. Alberto Casado Cervino, Director General of the Spanish
Patent and Trademark Office, hereinafter referred to as the
SPTO, as representative of the same pursuant to his appointment
as Director General of the Spanish Patent and Trademark Office
by Royal Decree 881/2008, May 23, and with the Royal Decree
1270/1997 of July 24, that regulates the SPTO and in whose
Article 6, the representative authority is entrusted to its
Director General

Both institutions act by virtue of their respective competences
and mutually acknowledge their powers and faculties to formalise
this Memorandum


HEREBY STATE

Considering the mission of the protection and promotion of
industrial property, entrusted to the SPTO in accordance with
Articles 1 and 3 of the Royal Decree 1270/1997 of July 24 that
regulates the same and Articles 1 and 2 of the 17/1975 Act on
the Creation of Industrial Property Register Autonomous
Organism,

Considering the mission of the protection and promotion of
intellectual property, entrusted to TIPO in accordance with
Article 2, of the IPO Organization Act promulgated on November
4, 1998 and amended on July 7, 2002,

Considering that the TIPO's as well as the SPTO's objectives
include the promotion of industrial property by means of
agreements with counterpart bodies,

Considering an exchange of the skills and experiences acquired
by the two institutions with regard to documentation,
information, training, awareness of the industrial and
commercial media or any other issue that could be of interest or
use to either institution,


ESTABLISH

FIRST: Objectives.
This Memorandum has the following objectives:
a) To promote the exchange of documents between the TIPO and the
SPTO.
b) To promote the exchange of experiences between both
institutions.
c) To discover mutual channels of information with respect to
sessions, round-table discussions, seminars or conferences
convened by either of the institutions that could be of
interest of the other institution.
d) To co-operate on those matters relating to industrial
property that may be of mutual interest.

SECOND: Exchange of documentation and of experiences.
With the exception to confidential documents, the TIPO and the
SPTO shall exchange published documents on a regular basis; the
publication to be exchanged should be in English when possible.
The two institutions shall equally organise the exchange of
experiences on their related activities.
The practical forms of these exchanges shall be determined by
mutual agreement.

THIRD: Training.
The training requirements shall be reviewed annually by both
institutions by means of meeting or correspondence.
When applicable, the training shall be held at the headquarters
of each one of the institutions or at the venue they judge most
suitable.

FOURTH: Awareness of the users.
The TIPO and the SPTO shall make use of the appropriate
resources to allow the industrial media, whom they shall be in
constant contact with, aware of the services and benefits
offered by each one of the institutions, by means of furnishing
reports and leaflets and the organisation of activities that
demonstrates the benefits to register either industrial property
modality in both institutions.

FIFTH: Reciprocal invitations.
The TIPO and the SPTO shall, on a regular basis and in a mutual
manner, inform each other of meetings, round-table discussions,
as well as conferences, seminars and workshops relating to
industrial property. Each institution shall invite the other to
participate when such events may be of interest for them.

SIXTH: Technical assistance.
Each one of the two institutions shall be able to request
technical assistance it requires from the other, with respect to
questions that represent a specific interest to them.
The form and modalities of such assistance shall be defined by
mutual agreement between the institutions.

SEVENTH: Meetings.
Both institutions shall meet once every two years to evaluate
the undertaking of the set objectives and to adopt a plan of
action for the following years.
The modalities of every meeting shall be determined by mutual
agreement between the institutions.

EIGHTH: Costs.
The commitments shall be assumed within the ordinary budgetary
arrangements of each one of the institutions.
As a general rule, either of the institutions shall bear the
travel costs of its representatives to the other party's country
(plane tickets, accommodation, daily allowances).

NINTH: Monitoring Committee.
A Monitoring Committee shall be established, made up in equal
numbers from both institutions, entrusted with following-up this
Memorandum and settling the differences that may arise between
the two institutions in the carrying out of this Memorandum.

TENTH: Nature.
This Memorandum shall not have any binding legal effect in
Public International Law.

ELEVENTH: Commencement. Effects.
This Memorandum shall come into force from the date of the
signing hereof, by the representatives with the authority to act
as such for TIPO and the SPTO, with a duration of 3 years. This
Memorandum may be extended for equal duration following
assessment by the institutions.
Either of the institutions shall be able to cease to implement
this Memorandum with a prior written notice of one (1) year to
the other institution.


This Memorandum of Understanding is signed in Madrid on
September 3, 2008 in duplicate in the Chinese, Spanish and
English languages. In case of any divergence in interpretation,
the English text shall prevail.



POR LA OFICINA DE PROPIEDAD POR LA OFICINA ESPANOLA DE
INTELECTUAL DE TAIWAN PATENTES y MARCAS
Wang, Mei-Hua Alberto Casado Cervino
DIRECTORA GENERAL DIRECTOR GENERAL