Feature

China and Taiwan Reciprocate Priority Date Claims

China and Taiwan have finally recognized priority claims to patent, trademark and plaint variety applications filed with the competent authorities across the Strait beginning from November 22, 2010. The priority date, namely, the earliest filing date claimed from the counterpart application, may be traced back as early as September 12, 2010, the effective date of the agreement.

Each year, there are about 21,000 patent applications and 10,600 trademark applications originating in Taiwan and subsequently filed in China. The patented technologies mainly cover semiconductor, communication, electronics and other high-tech industries. In contrast, approximately only 700 patent and 1,200 trademark applications originate in China and are then filed in Taiwan.
Since both parties have decided to recognize the priority of each other’s claims based on the agreement, both Taiwanese enterprises /individuals and Mainland Chinese enterprises/individuals can file applications in Taiwan first, then claim the subsequent application in Mainland China for the same priority date, or vice versa.
If the applicant is a foreign-based entity, he may file in Mainland China first, then claim its Taiwan counterpart for the local priority, and Taiwan will acknowledge the claim based on WTO agreements. However, if the foreign applicant files in Taiwan first and then claims its counterpart in Mainland China for the priority, the application will not be acknowledged according to the Provisions for Claim for Priority of Applicants of Trademark Registration in Taiwan, newly issued by the competent authority in China.
Therefore, the current practice regarding priority claims in Mainland China remains unchanged for foreign-based entities. Applicants only need to pay special attention when claiming priority in Taiwan.