TIPS® Taiwan Intellectual Property Special Reciprocity Priority
With Taiwan’s WTO accession, a patent/trademark applicant is supposed to be able to claim priority based on a corresponding patent/trademark application in any other WTO member country. However, due to a reciprocity problem, the TIPO is reluctant to accept priority claims based on an application in a country that does not recognized Taiwan application dates for priority claiming. Therefore, the TIPO is conducting a survey to decide which countries’ applications can be used for the basis of priority claiming. The following chart indicates recognized priority countries by TIPO for existing reciprocity agreements, and the acceptable priority date in each country.
|
Priority countries
|
Priority Date
(no earlier than)
|
Invention Patent
|
New Utility Model Patent
|
Design Patent
|
Trademark
|
|
Australia
|
1994. 11. 04
|
ν
|
ν
|
ν
|
ν
|
|
Germany
|
1995. 06 .01
|
ν
|
|
|
|
|
Germany
|
1995. 07. 06
|
|
ν
|
N/A
|
N/A
|
|
Switzerland
|
1996. 01. 01
|
ν
|
ν
|
ν
|
N/A
|
|
Japan
|
1996. 02. 01
|
ν
|
ν
|
ν
|
N/A
|
|
U.S.A
|
1996. 04. 10
|
ν
|
ν
|
ν
|
ν
(only after 1993. 12. 24)
|
|
France
|
1996. 09. 01
|
ν
|
ν
|
ν
|
ν
|
|
Liechtenstein
|
1998. 04. 01
|
ν
|
ν
|
N/A
|
N/A
|
|
E.U.
|
1998. 08. 01
|
N/A
|
N/A
|
N/A
|
ν
|
|
U.K.
|
2000. 05. 24
|
ν
|
ν
|
ν
|
N/A
|
|
Austria
|
2006. 06. 15
|
ν
|
ν
|
N/A
|
ν
(only after 2000. 6. 24)
|
|
New Zealand
|
2000. 12. 19
|
ν
|
ν
|
ν
|
ν
|
|
Holland
|
2001. 12. 17
|
ν
|
ν
|
N/A
|
|
|