PRC Announces Protection For Taiwan Geographic Indicators

UNCLAS TAIPEI 000309

SIPDIS

SENSITIVE
SIPDIS

STATE PASS USTR
STATE FOR EAP/ TC, EAP/EP
COMMERCE FOR 3132/USFCS/OIO/EAP/WZARIT
TREASURY FOR OASIA/LMOGHTADER
USTR FOR STRATFORD, ALTBACH

E.O. 12958: N/A
TAGS: ETRD KIPR CH TW
SUBJECT: PRC Announces Protection For Taiwan Geographic Indicators
at Taipei Conference

Ref: A) Taipei 297, B) 06 Taipei 3676


1. (U) Summary: For the first time, the PRC's State Administration
for Industry and Commerce (SAIC) announced that it would take action
to protect certain Taiwan geographic indicators. End summary.


2. (U) The PRC's SAIC announced on January 16 that it would cancel
any trademark registrations by PRC entities using two Taiwan
geographic indicators, Alishan and Riyuetan (Sun Moon Lake). It was
reportedly the first such announcement by SAIC on Taiwan indicators.
In addition, SAIC will work to ensure that only fruit imported from
Taiwan is labeled as Taiwan fruit. Taiwan farmers have complained
that most "Taiwan" fruit sold is the PRC is not actually from
Taiwan, including some produce grown in the PRC from Taiwan seed
stocks using such labels. SAIC also encouraged Taiwan producers to
register geographic indicators with PRC authorities.


3. (U) The announcement came during the "Cross-Strait Trademark
Forum 2007" in Taipei. More than 100 Taiwan and PRC experts on
intellectual property rights (IPR) attended the meeting, including
Li Dongsheng, Deputy Director of China's SAIC. The forum was the
latest in a series of cross-Strait consultations on the protection
of IPR. In December 2004, Taiwan hosted a Taiwan-Jiangsu IPR
Conference. Former Kuomintang Party Chairman Lien Chan raised
agricultural trade issues with PRC officials during his high-profile
trip to Beijing in April 2005 and again during the October 2005
Cross-Strait Agricultural Cooperation Forum. More recently, Taiwan
Intellectual Property Office Director General Tsai Lien-sheng
visited China in May 2006 as part of a delegation organized by the
Chinese National Federation of Industries to discuss IPR issues.


4. (U) Taiwan still has several outstanding IPR disputes with the
PRC on geographic indicators. Taiwan Tobacco and Liquor Corp. has
been trying for years to register the Taiwan Beer trademark in
China, but its applications have been rejected repeatedly. Other
Taiwan producers have complained of PRC entities registering
trademarks with the names of other Taiwan localities, including
Hsinchu rice noodles and Gukeng coffee.


5. (SBU) Comment: The SAIC announcement is a small but significant
step in unofficial cross-Strait discussions on intellectual property
rights and agricultural trade issues. It shows that that the two
sides are making progress toward improved cross-Strait economic
relations on some technical issues. We may see more concrete
results as this kind of informal cross-Strait dialogue continues
(ref A). End comment.

YOUNG