“2015 Cross-Strait Trademark Forum” held in Taipei   Milestones of Taiwan-China Trademark Negotiations
 
     
  “2015 Cross-Strait Trademark Forum” held in Taipei  
 
 
 

　　The grand opening ceremony of the “2015 Cross-Strait Trademark Forum” was held in Taipei on April 23rd. As the forum entered its 10th year, the scale of the event has expanded considerably and its benefits are also increasingly significant. Deputy Minister of State Administration for Industry & Commerce of the PRC (SAIC), Liu Junchen, was invited to lead the Office of Hong Kong, Macao and Taiwan Affairs, Trademark Office, Trademark Review and Adjudication Board and Beijing Intellectual Property Court to participate in this forum. More than 300 trademark experts and representatives from academia, industry and well-known enterprises from both sides carried out in-depth discussions on current important issues, such as the establishment and operation of China’s Intellectual Property Court, the new Trademark Act and practice review on adverse effects of trademarks, protection of well-known trademarks and trademarks with a certain influence, and bilateral brand cooperation development strategies. By deepening mutual understanding and achieving consensus, it further enhances the construction of cross-strait trademark protection contact mechanism, strengthens bilateral trademark rights protection, and efficiently maintains the legitimate rights and interests of consumers and enterprises from both sides of the Strait, expanding bilateral brand cooperation and promoting the development of further bilateral economic and trade relations.

  
     
 
 
  　　In Chairman Chang Pen-Tsao’s opening speech, he said that the economic development of both sides faces many challenges, but that there are also many opportunities. It requires us to face and cope together, the competent authorities from both sides to provide continuous assistance and consultancy, and experts from the industry and academia to contribute their ideas jointly. The strategic dialogue mechanism of the Cross-Strait Trademark Forum helps the competent authorities from both sides to face and resolve their problems. The “trademark problem” is a painful experience for many Taiwanese enterprises in China. Some Taiwanese enterprises face problems such as their trademarks being registered in China by their relatives (or family members) or ex-employees, making them unable to use their original trademarks in China. There are even cases like Taiwan’s well-known landmarks, Alishan and Sun Moon Lake, being registered by some other people first, causing the businessmen in these areas to encounter predicaments while trying to register their original trademarks in China. Chang Pen-Tsao said the Cross-Strait Trademark Forum is a bilateral trademark event co-organized by the CCICS and China Trademark Association (CTA). The forum was held in Fujian’s Xiamen in November 2006, and the other eight forums (until 2014) were held in Taipei, Chengdu, Guizhou, Wuxi, Inner Mongolia, etc. The two organizations from both sides have worked together to promote non-governmental exchanges and cooperation in the trademark field, and effectively protect the legitimate rights and interests of trademarks from both sides. Reflecting on the Cross-Strait Trademark Forum, besides practical and theoretical exchanges, a favorable communication platform has also been built for the trademark competent authorities from both sides. In June 2010, the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation” was finally signed, marking the beginning of a new era. There have been major breakthroughs in every trademark forum held in Taiwan, catching the attention from both sides. For example: In 2007, the trademark squatting problem was resolved for Alishan, Sun Moon Lake, Lishan, Wu She Tea, Chi Shang Rice, Xiluo, Yancho and Gukeng Coffee; in 2008, preliminary approval for Taiwan Beer was announced; in 2009, SAIC came to Taiwan to issue the Taiwan Beer trademark registration, while Tzu Chi received the Well-known Trademark; in 2010, Chunghwa Telecom trademark registration was accepted; on Feb. 16, 2011, Taiwan Leader Brand Union was officially established, starting a new era for Taiwan’s brand development. Union members: Merida, Formosa Optical and Chlitina were awarded Well-Known Trademarks; in 2013, the Union members Hydron Contact Lens and Everlight Electronics were awarded Well-known Trademarks, and Taiyen trademark registration was accepted; and in 2014, Union members TYC Brother Industrial, Franz Collection, Aurora and Sinyi Realty were awarded Well-known Trademarks. With SAIC’s active protection measures, trademark squatting issues of both sides have been improved, successfully resolving the problems for Taiwan, with the results receiving widespread affirmation and attracting the ardent participation of Taiwan businessmen. The Cross-Strait Trademark Forum established by both sides is deemed to be an important platform for resolving bilateral trademark problems.  
     
 
 
  　　Deputy Minister of SAIC, Liu Junchen, said in his opening speech that this is the 10th year since the cooperation agreement was signed between China Trademark Association and the Chinese Commercial & Industrial Coordination Society (CCICS). The Cross-Strait Trademark Forum is into its significant 10th year. Since 2006, both organizations have been working closely and earnestly to organize a wide variety of exchange events, including the Cross-Strait Trademark Forum, which has effectively promoted communication and cooperation in the trademark field between both sides, leading to remarkable achievements. Liu Junchen said that the SAIC has always attached importance to the work of Taiwan-related intellectual property right protection. 2015 is the fifth anniversary of the signing and effective year of the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation”. In the past five years, bilateral trademark exchanges and cooperation have achieved fruitful results. Firstly, the number of trademark applications and registrations by Taiwanese enterprises in China has been increasing steadily. In 2014 alone, the number of trademark applications by Taiwanese enterprises in China reached 15,000 and the number of registrations, nearly 11,000. By the end of 2014, the total number of valid registration cases by Taiwanese enterprises in China reached 110,000. Secondly, there were smooth operations in the case-handling mechanism and trademark working groups. Since September 2010, when the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation” took effect, till the end of March 2015, there were 451 cases of trademark handling requests submitted by Taiwanese enterprises and 373 cases being reported, all of which have been properly handled. Since 2011, trademark working groups from both sides have carried out periodic visits, identifying hot and difficult problems during the trademark reviews and practices, and providing timely communication and discussion to reach a broad consensus. Thirdly, Taiwan-related trademark protection has achieved impressive results. In the trademark management, dispute and review process, 28 cases of Taiwan-related well-known trademarks were identified, effectively safeguarding the interests of Taiwan’s well-known trademarks in China, and preventing acts of unfair competition. Liu Junchen pointed out that competition in the market economy includes competition in trademarks and brands, and that trademark protection is of vital importance in promoting the development of bilateral economic and trade relations, as well as brand establishment. As an important functional department of market regulation and trademark authority, SAIC shall, as it has in the past, pay strict attention to the legal protection of Taiwanese enterprises’ trademarks.  
     
 
 
 

　　In his closing speech, Chairman Chang Pen-Tsao said that the Cross-Strait Trademark Forum is the highest level exchange platform in the trademark field. Through dialogues and interactions, it expands and deepens bilateral economic and trade cooperation, and plays an important role in enhancing bilateral industrial development. After a one day-long intensive discussion, the insights from the authorities and pragmatic dialogues of the industry have fulfilled the purpose of a forward-looking strategic dialogue platform. In terms of bilateral economic development and industrial cooperation, it is of great historical significance. Chairman Chang thanked the SAIC of the PRC and Taiwan’s Mainland Affairs Council and TIPO and China’s Taiwan Affairs Office of the State Council for their full support, and the enthusiastic participation of members and guests from both sides for the success of this forum.

　　Chairman Chang said that cross-strait relations have a long history. In the past half century, enterprises from both sides have played an indispensable role on the international stage, and have made Chinese people proud. This is the era for both sides to have great exchanges, communication and development. Hence in the future, we shall work together to promote the “Chinese brand”, build an economic strategy dialogue mechanism and shape a favorable environment for industrial cooperation. Adhering to the spirit of “complementing each other’s advantages, task division and teamwork, creating a win-win situation”, both sides will work together to develop new markets around the world through brands, technologies and services, creating a new dimension of mutual benefit and common prosperity. In the future, enterprises from both sides shall further deepen cooperation, work hand in hand, and together manage the Asia Pacific market and even the global market. Both sides shall cooperate and gain profit from the world; only then can we make history in the greater China’s economy and create new prospects of bilateral relations.

  
     
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