In the highly competition of global economic era, many countries have signed trade deal with others to promote investment and economic growth through the regional trade cooperation and integration. In the Asia-Pacific area, Trans-Pacific Partnership (TPP led by 12 nations) and Regional Comprehensive Economic Partnership (RCEP led by ASEAN and China) are the new free and open model for multilateral trade deal across the pacific-rim countries. Especially the TPP of 12 nations including the United States, Japan, Canada, Australia, Mexico, Malaysia, Singapore, Chile, Peru, New Zealand, Vietnam and Brunei, and having about 40% of the GDP global economy, Taiwan government has expressed its ambition and determination to join TPP.
As TPP is aimed to create the world’s biggest free-trade deal, it has a high standard and comprehensive trade treaty with issues broader and deeper than those traditional trade issues of WTO. Therefore the negotiations on trade agreement of TPP among the participating countries were conducted for years. Finally the full text of TPP agreement was completed on October 5, 2015 and announced on November 5, 2015 (the legally verified version of TPP text in English was then published on January 26, 2016).
Since Taiwan government is keen to join TPP, the government is currently worked hard to make the necessary harmonization and changes of domestic law and regulations, as well as communicate with the academic, industrial and private sectors to reach consensus on the TPP issues.
On December 29, 2015 Taiwan Intellectual Property Office (TIPO) held a public explanation session based on the above TPP’s text of Intellectual Property Charter to introduce the government preparation work on joining TPP and also exchange views with participants during the Q&A. In order that the public could have a better understanding on TPP/IP Chapter, Director General Wang, Mei-hua of TIPO made highlights on the IP requirements and protection of TPP and also pointed out in a checklist that except for UPOV1991, Taiwan has generally met most of the international treaties and practices including the protection on non-traditional trademark and famous trademark, partial industrial design, geographical indication, the make-up duration for patent term of pharmaceutical patents, the reproduction on the electronic form of copyright, ISP safe harbor, criminal liability of the pirated goods on commercial scale, etc., as outlined in said TPP/IP Chapter.
However, according to TIPO’s checklist, there are still discrepancies existed in the prevailing laws and regulations of Taiwan against those of high standard requirements of TPP. These include the one-year grace period after disclosure (rather the 6-month grace period and absolute novelty in Taiwan and most countries based on TRIPs), compensation of patent term due to the delay examination, agricultural data protection of 10 years (now 8 years in Taiwan), data exclusivity protection on new syndrome or formula, patent linkage of the patented drugs to its patent status, protection on the performers of copyright works, criminal liability for labelling or packaging of counterfeit goods, criminal and civil penalties against the interception of encrypted program-carrying satellite and cable signals, etc.
In addition, TIPO also completed a Chinese translation on the full TPP/IP Chapter and posted the same onto the website for public to learn more about the contents.
After the TPP agreement has been formally signed by the 12 nations in Auckland of New Zealand on February 4, 2016, the participating members have now begun their respective domestic ratification and harmonization processes within two years before the agreement enters into force. It is anticipated that the TPP agreement will be enforced the earliest in late 2017, and then be opened negotiation for new members to join TPP.
In order for Taiwan to bid for joining TPP, the Executive Yuan has set a time schedule to revise the relevant law and regulations, including the proposed drafts of amendments on Pharmaceutical Affairs Act, Patent Act and Trademark Act within March to April of 2016. As for the amendment of Copyright Act, its draft was first made in 2014 but then revised for twice in 2015, and its complete proposed amendment is expected to be made within this year.
