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Taiwan - Claims to Priority

As noted in our Information Letter N.S. 182, the 1994 Taiwan patent law provides for claims to a 1-year priority period for filing patent applications in Taiwan that are owned by nationals of countries granting reciprocal rights to inventions of Taiwanese origin. On the other hand, Taiwan trademark law provides for claims to a 6-month priority period for filing trademark applications in Taiwan that are owned by nationals of countries granting reciprocal rights to trademarks of Taiwanese origin. Taiwan has now concluded an agreement relating to reciprocal priority rights with Australia so that for Australian-owned inventions a 1-year priority period and for Australian-owned trademarks a 6-month priority period from the original filing in Australia may now be claimed. A similar agreement with Germany is expected to become effective soon.


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