Policies and Regulations

Chapter 11 Exchanges and Cooperation with Hong Kong, Macao and Taiwan

Updated: 2010-04-22 10:14

In 2009, SAIC launched a series of trademark exchange and cooperation programs with Hong Kong and Macao special administrative region and Taiwan region. It also enhanced protection on the trademark exclusive rights of the enterprises of Hong Kong, Macao and Taiwan, safeguarding the legitimate rights and interests of trademark owners.

1. Actively launching exchanges and cooperation with Hong Kong, Macao and Taiwan regions

CTMO established communication channel with trademark offices in Hong Kong, Macao and Taiwan regions through forums, seminars and discussions. In 2009, the Office had its representatives to Hong Kong for Symposium on Management of Intellectual Capital, Intellectual Assets and Intellectual Property hosted by IP Department of Hong Kong SAR, to Taiwan for Cross-Straits Trademark Forum 2009, and to Suzhou for 2009 IP Symposium between Mainland and Hong Kong and Macao SARs. On November 13th, CTMO Deputy Director General Zhao Gang met with the Taiwan Cross-November 13th, Zhao Gang, Deputy Director General of Trademark Office held talks with the visiting delegation from the Cross-strait Commercial and Industrial Coordination Society. Strait Commercial and Industrial Coordination Society delegation. Both parties exchanged opinions on issues of trademark examination mechanism and bilateral cooperation.

Guangdong AIC actively launched cooperation June 14th to 21st, 2009 Cross-strait Trademark Symposium was held in Taiwan, China. In IP field between Guangdong province and Hong Kong SAR. On July 16th 2009, Guangdong AIC attended the 8th Session of Guangdong and Hong Kong IP Protection Cooperation Group. It also carried out communication on problem of the relationship between company registration and registered trademark with IP Department and Company Registry of Hong Kong SAR. The investigation report entitled Relationship and Current Situation between Company Registration and Registered Trademark which was formed according to the idea of the Hong Kong side after several revisions attracted the high emphasis of Hong Kong SAR. In the process of Company Ordinance revision, the relevant content was used as a source of reference.

2. Enhancing administrative protection of trademarks from Hong Kong, Macao and Taiwan regions in accordance with law

SAIC actively guided producers and dealers of Taiwan agricultural products to register their trademarks in China mainland, and strengthened the protection of Taiwan geographical indications and agricultural product trademarks. What is more, SAIC issued Measures on Supporting Construction of West-Strait Economic Zone mainly on following issues: to deter the behaviors of using unfair means to register well-known trademarks of Taiwan agricultural products during trademark examination and ruling of trademark opposition and disputes; to perform market monitoring responsibility; to protect trademark exclusive rights of Taiwan agricultural products; and to determine well-known trademarks according to law, enhancing protection of well-known Taiwan agricultural product trademarks.

In 2009, CTMO determined trademark "Nature" as well-known trademark registered by Macao Nature Investment Holding Co. Ltd. and was used on products of flooring from Class 19 as defined in the International Classification of Goods and Services. In doing so, the trademark protection was enhanced.

CTMO also solved trademark cases including Taiwan "85 degree C","Taiwan Beer", jewelry trademark "Wish" and trademark "Mocca" of Taiwan Mocca Food Company through coordination, guiding Hong Kong, Macao and Taiwan enterprises to protect their own interests according to the Trademark Law.

Fujian AIC strengthened the protection work on Taiwan trademarks. In 2009, Fujian AIC investigated 39 cases related to Taiwan trademark exclusive rights infringement, with a total fine of 104,000 Yuan. Local AICs in Xiamen, Huizhou and Longyan launched administrative instruction on Taiwan trademarks and worked hard to protect Taiwan brands, safeguarding the interests of trademarks for Taiwan enterprise. By doing so, they received highly praises from Taiwan businessmen and local people.