WORLD TRADE
ORGANIZATIONIP/C/W/380
13 September 2002
(02-4870)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions by Korea
By means of a communication from the Permanent Mission of Korea, dated 10 September
2002, the Secretariat has received copies of the following questions that Korea has communicated to
China and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
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CHINA
A. TRADEMARKS
1. Article 10 of the Trademark Law stipulates that foreign geographical names that are well-
known to the public shall not be used as trademarks but may be used exclusively as certification
marks.  Does this indicate that geographical names registered as certification marks have
distinctiveness?  Also, do certification marks give the kind of protection to geographical indications as
stipulated in Article 22.1 of the TRIPS Agreement?
2. How does the Chinese Trademark Law implement Article 23.2 of the TRIPS Agreement?
3. Concerning Article 13 of the Trademark Law, how do the terms "liable to create confusion"
and "misleading the public" differ from each other?  How is this provision implemented in practice?
4. With regard to the conditions for the recognition of well-known marks stipulated in Article 14
of the Trademark Law, is it required that trademarks be known both to consumers and in the relevant
sectors?  Or would it be sufficient for a trademark to be known only in the relevant sectors?
5. Article 44 of the Trademark Law stipulates that a trademark’s registration will be cancelled if
the trademark is not used for three consecutive year s.  Does China recognize any circumstances that
may arise independently of the will of the trademark owner, that may constitute an obstacle to the use
of the trademark?  Could such circumstances provide valid reasons for non-use, as stipulated in
Article 19 of the TRIPS Agreement?  And under wh at situations would the use of a trademark by
another person be considered by China as meeting the requirements of the use of the trademark for the
purpose of maintaining the registration?
B. PATENT
6. Please explain in detail the meaning of the term "practical applicability" in Article 22 of the
Patent Law.  How does this differ from "industrial applicability?"IP/C/W/380
Page 2
7. Does China grant patent protection for inventions in all fields of technology?  If there are
exceptions, please describes the exceptions and explain how these exceptions comply with Article 27
of the TRIPS Agreement.
8. Please explain the protection of micro-organisms under the Patent Law.
9. Please explain the detailed conditions for permitting compulsory licences in China.
10. Please explain how Article 63 of the Patent Law complies with Article 30 of the TRIPS
Agreement.
11. Please explain how China implements Article 34 of the TRIPS Agreement, concerning the
burden of proof.
C. UNDISCLOSED INFORMATION AND UNFAIR COMPETITION
12. Does Chinese legislation grant a defined period of time for the protection of undisclosed
information?  If so, please specify the period of protection.
13. Please explain how China protects data submitted for marketing approval against disclosure
and unfair commercial use, as required by Article 39.3 of the TRIPS Agreement.
14. Please explain how the meaning of "practicality" (in Article 10 of the Unfair Competition
Prevention Act) compares with that of "commercial value" (as stipulated in Article 39.2 of the TRIPS
Agreement).
D. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
15. Regarding the protection of IC layout-designs, please specify the organizations in charge of
these matters.
16. How many layout designs have been registered up to now in China under the "Regulations on
the Protection of Layout-Designs of Integrated Circuits"?
E. CHECKLIST
17. Please explain in detail the contents of the "Regulations of the People’s Supreme Court
regarding the Evidence in Civil Procedure" promulgated on 1 April 2002.
18. Is it possible to seek injunction under Article 44 of the TRIPS Agreement against a person
responsible for IPR infringement case, even if that person is able to prove that he or she did not haveknowledge of the relevant infringement?
19. Please clarify whether, by way of investigating and collecting evidence, the People’s Court
has the authority to order the infringer to inform the right holder of the identity of third persons
involved in the production and distribution of the infringing goods or services and of their channels of
distribution.
20. What is the approximate rate of the provisional measure filings that are affirmed by the
People’s Courts?
21. Has Paragraph 2, Article 53 of the TRIPS Agreement been accommodated in the domestic
regulations?IP/C/W/380
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22. Please describe in detail, the types of IPR infringement cases and possible criminal
punishment as stipulated in the relevant laws.
23. According to paragraph 15 of China’s "Checklist of Issues on Enforcement," it is stated that
the Customs authorities suspend the release of counterfeit trademark or pirated copyright goods and
right holders can apply to the Customs for suspension of any export and import of goods infringingtrademark and copyright.  In the case of the suspension of release due to suspicion of trademark and
copyright infringement, who is eligible on behalf of the right holders to lodge an application for the
suspension of release?
24. According to paragraph 16 (5) of China’s "Checklist of Issues on Enforcement," regarding the
indemnification of the importer and the goods owner,  it is stated that "where the court or other
competent administrative authorities find no infringement, Customs shall, at the requirements of the
court or the competent authority, submit the security deposited by the right holder to the court tocompensate for the losses of the relevant party aris ing from the improper application."  In such cases,
what is the coverage of compensation payment for damages resulting from the deposited security and
wrongful detention or detention of goods  in accordance with Article 55 of the TRIPS Agreement?
CHINESE TAIPEI
A. T
RADEMARKS
1. How is Article 23.2 of the TRIPS Agreement implemented in the Trademark Law?
B. PATENT
2. Do you grant patent protection for inventions in all fields of technology?  If there are
exceptions, please describe the exceptions and how these exceptions comply with Article 27 of the
TRIPS Agreement.
3. Please explain the protection of micro-organisms under the Patent Law.
4. Please explain the detailed conditions for permitting compulsory licences in Chinese Taipei.
5. Please explain how Chinese Taipei implements Article 34 of the TRIPS Agreement,
concerning the burden of proof.
C. UNDISCLOSED INFORMATION AND UNFAIR COMPETITION
6. Does your legislation grant a defined period of time for the protection of undisclosed
information?  If so, please specify the period of protection.
7. Please explain how Chinese Taipei protects data submitted for marketing approval against
disclosure and unfair commercial use, as requ ired by Article 39.3 of the TRIPS Agreement.
D. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
8. Regarding the protection of IC layout designs, please specify the organizations in charge of
these matters.IP/C/W/380
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E. CHECKLIST
9. In the course of IPR infringement proceedin gs, are there provisions aimed at protecting
confidential information?
10. Is it possible to seek injunction under Article 44 of the TRIPS Agreement against a person
responsible for IPR infringement even though that person proves that he or she did not haveknowledge of the relevant infringement?
11. In case the infringer refuses to obey an order of the court to provide relevant information or
documents, what remedies are available to enforce the court order?
12. What is the approximate rate of the provisional measure filings that are affirmed by the
courts?
13. Has Paragraph 2, Article 53 of the TRIPS Agreement been accommodated in the domestic
regulations?
14. Article 60 of the TRIPS Agreement states that small quantities of goods of a non-commercial
nature contained in travellers’ personal luggage or sent in small consignment, are exempt from the
regulations related to the suspension of release by Customs authorities.  Does Chinese Taipei have
any regulations or provisions to exclude the suspension of release in such cases?   If so, what is the
scope of goods that may be excluded?
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