Geographical Indications Law in Taiwan
Taiwan offers protection for Geographical Indications (GIs) primarily through its Trademark Act, utilizing certification and collective marks. This approach aligns with the TRIPS Agreement, which mandates that World Trade Organization (WTO) members provide protection for GIs.
🛡️ Legal Framework
Under Taiwan's Trademark Act, GIs can be registered as:
Certification Marks: Used to certify that goods or services possess certain qualities, characteristics, or origins
Collective Marks: Indicate that goods or services come from members of a specific group, association, or collective.
These marks are administered by the Taiwan Intellectual Property Office (TIPO). Applicants must demonstrate that the GI is associated with specific qualities or characteristics attributable to its geographical origin.
📝 Registration Process
To register a GI as a certification or collective mark in Taiwan, applicants must:
Submit a Reproduction of the Mark: The visual representation of the GI.
Provide a List of Goods or Services: Specify the products or services to which the GI applies.
Include Supporting Documents: Depending on the type of mark, this may include:
Certification Marks: Proof of the applicant's competence to certify goods or services, rules governing the use of the certification mark, and a declaration that the applicant does not engage in the manufacture or sale of the certified goods or services.
Collective Marks: A certified copy of the certificate of organization or association, and guidelines governing the use of the collective mark.
The registration process typically involves a formality examination followed by a substantive examination. If no objections are raised, the mark is registered and published.
📌 Protection Scope
Once registered, a GI certification or collective mark is protected for 10 years, with the possibility of renewal. This protection allows the holder to prevent unauthorized use of the GI by third parties whose products do not conform to the applicable standards.
Taiwan is not a member of the World Intellectual Property Organization (WIPO). However, it is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement, which requires the protection of GIs. Taiwan's GI protection aligns with international standards, facilitating recognition and enforcement in other jurisdictions.
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