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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on December 31, 1999; Entered into force on January 1, 2000.
 
The Office for Harmonization in the Internal Market (Trade Marks
and Designs)﹝OHIM﹞in Alicante and the Intellectual Property
Office in Taipei﹝IPO﹞, hereinafter referred to as " the offic-
es ",

TAKING INTO CONSIDERATION

Their willingness to join efforts in the pursuit of the protect-
ion of trade mark rights and a wider respect of the interests of
users and consumers.

Their conviction that the exchange of information and cooperati-
on within the framework of the friendly relations between both
Offices will promote the protection of trade marks in the terri-
tories represented by the Offices, and will contribute to its
appropriate dissemination.

That the OHIM, as a European Union agency, has the human, techn-
ical and material means necessary to implement the objectives
and commitments set out in this Memorandum, and that the OHIM
also has the capacity to execute them.

That the IPO has the human, technical and material means necess-
ary to implement the objectives and commitments set out in this
Memorandum, and that the IPO also has the capacity to execute
them.

HAVE AGREED AS FOLLOWS

Article 1

The Offices declare their willingness to maintain continuous co-
mmunication on the exchange of information relating to the mode-
rnisation, harmonization and development of trade mark rights,
in particular the exchange of information regarding legislation
in force as well as those legislative proposals and amendments
which are anticipated.

The Offices shall carry out joint consultations and discussions
concerning the organisation, collection, storing and accessibil-
ity of their trade mark documentation.

Article 2

The Offices shall jointly establish mechanisms for technical co-
operation in the field of trade marks, which shall mainly compr-
ise of technical training and the organisation of courses and
seminars.

Article 3

The execution of all cooperation activities foreseen in this Me-
morandum shall be developed through annual work plans scheduled
on a short, medium and long term basis, jointly prepared and ag-
reed upon by the Offices.

The financing of the activities arising from the execution of
this Memorandum shall be established via the annual work plans.
As a general principle, unless otherwise agreed, in the field of
training and specialisation, each Office shall bear all travel
costs and allowances for any personnel travelling on their own
behalf to the other Office or any other institution in that cou-
ntry.

Article 4

The Offices shall exchange views and experience on search and
examination standards.

Article 5

The OHIM shall send the IPO, as from the date of entry into for-
ce of this Memorandum and on a regular basis, one free copy of
all its official publications, including periodical and non-per-
iodical publications.
The IPO, shall send the OHIM, as from the date of entry into fo-
rce of this Memorandum and on a regular basis, one free copy of
all its official publications, including periodical and non-per-
iodical publications.

This list is non-exhaustive and may be modified as seen fit by
the Offices.

The Offices undertake to use English as the language for corres-
pondence. All publications and texts, legal or otherwise shall
be sent in English on condition that an available translation
exists.

Unless otherwise stated, each Office shall be authorised to use
the information made available by the other Office exclusively
for internal needs.

Article 6

On request, the Offices shall provide each other with jurisprud-
ence on specific subject matters.

Article 7

The Offices shall develop mechanisms for technical assistance
and promotion, in particular, in the area of dissemination of
information concerning trade marks.
While executing this provision, the Offices shall exchange info-
rmation on awareness programmes in relation to Universities, Re-
search Centres, enterprises and other social and economic agents
.
Should these programmes or actions be dealt with by other state
bodies, the Offices agree to coordinate with those bodies in or-
der to make the information available to each other.

Article 8

The Offices shall examine the efficiency of these provisions at
regular intervals and shall agree, based on a joint review, the
adoption of amendments to the present Memorandum.

Article 9

All communications relating to the execution of the present Mem-
orandum shall be made in writing, shall mention the title of the
project, and shall be sent in two copies to the IPO in Taipei,
and the OHIM in Alicante.

Article 10

The present Memorandum shall enter into force on the day follow-
ing its signature.
IN WITNESS WHEREOF the Undersigned, being duly authorized there-
to, have signed this Memorandum of Understanding.

Done at Taipei, on December 31, 1999, in duplicate in the Chine-
se and English languages, both texts being equally authentic.

For the Intellectual Property Office﹝IPO﹞
Chen Ming-Bang
Director General

For the Office for Harmonization in the
Internal Market (Trade Marks and
(Designs) ﹝OHIM﹞
Jean-Claude
COMBALDIEU
President
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