Considering the necessity of establishing a co-operation aiming
at promoting more appropriate conditions for the protection on a
reciprocal basis and for the exploitation of industrial property
rights, the National Institute for Industrial Property of France
(hereinafter referred to as INPI) and the Intellectual Property
Office of Taiwan (hereinafter referred to as TIPO) have agreed
as follows:
Article 1
INPI and TIPO shall carry out the cooperation in the field of
industrial property in various ways, notably through:
a) Regular exchange of information available, as regards invent-
ion patents, industrial designs, and trademarks, including
but not limited to legislation, regulation, executive decisi-
ons, operational practices, judicial judgement and official
publications of each party. As to other intellectual property
rights related areas, which are beyond the authority of INPI
or TIPO, either party shall do its best in referring the con-
cerns raised by the other party to the competent authority
for response;
b) Regular exchange of information available, as regards various
subjects on intellectual property rights currently deliberat-
ed on the floors of European Union, World Intellectual Prope-
rty Organization (WIPO), Patent Co-operation Treaty (PCT),
Madrid Protocol, European Patent Office, and Asia Pacific Ec-
onomic Co-operation (APEC);
c) Exchange of technicians or experts (hereinafter called "spec-
ialist");
d) Jointly studying patent-and-trademark-related disputes and
problems and working out solutions;
e) Jointly carrying out studies or projects;
f) Furthering the training of the staff through special subject
programs or training courses ; and
g) Organizing and sponsoring of lectures, courses or seminars.
Article 2
There shall be established between INPI and TIPO a joint commis-
sion in charge of the implementation of this Agreement.
The joint commission shall be composed of representatives, whose
number shall be settled upon mutual agreement, and who shall be
appointed by the Director General of INPI and by the Director
General of TIPO for each party.
It shall be called together, as a rule once a year, in turns at
the headquarters of INPI and that of TIPO, or any other places
as agreed upon.
Director General of INPI or Director General of TIPO shall pres-
ide over the session as Chairman when he hosts it. In case of
prevention, the Chairman shall appoint a deputy to represent him
.
Article 3
The joint commission shall lay down the program of the cooperat-
ion and supervise the implementation thereof.
Article 4
The INPI and TIPO shall each submit the name and curricula vitae
of the specialist on mission to the other party for prior appro-
val.
The specialist on mission shall not be entitled to have any act-
ivity that is paid or not within the framework for his functions
without prior consent of INPI and TIPO.
At the end of the mission, the specialist shall submit to INPI
and TIPI a report on his activities in the host country.
Article 5
This Agreement shall be notified by each party to its supervisi-
ng authority as well as to the authority in charge of auditing,
Article 6
Each Party to this Agreement shall notify the other Party of the
completion of domestic legal procedures, which it requires for
the implementation of this Agreement, which will come into force
on the day of reception of the last notification.
This Agreement shall remain in force until terminated by either
party upon six months prior written notice to the other party.
This Agreement may be amended at any time, through the written
accord of both parties.
In witness whereof, the undersigned, being duly authorized, have
signed this Agreement.
Done in Paris on April 2, 2004, in duplicate in the Chinese and
French languages.
---------------------------- --------------------------------
Daniel Hangard Lien-Sheng Tsai
Director General Director General
National Institute for Intellectual Property Office of
Industrial Property of France Taiwan