AMENDMENT TO "EXCHANGE OF LETTERS BETWEEN NATIONAL INSTITUTE FOR INDUSTRIAL PROPERTY IN PARIS AND NATIONAL BUREAU OF STANDARDS, MINISTRY OF ECONOMIC AFFAIRS IN TAIPEI CONCERNING THE MUTUAL GRANTING OF A PRIORITY RIGHT AS REGARDS PATENTS, DESIGNS AND TRADEMARKS, AND COOPERATION"-1

Date: April 2,2004Mr. Daniel HANGARDDIRECTOR GENERAL National Institute for Industrial Property"Dear Director General,With reference to the latest discussion during the 4th bilateralcommission in Cognac, on 23rd October 2000, concerning the mutu-al granting of a priority right as regards patents, trademarksand industrial designs, I have the pleasure to notify you of thefact that the Intellectual Property Office in Taipei is willingto enter with the National Institute for Industrial Property inParis into an agreement to amend the “Exchange of Letters betwe-en National Institute for Industrial Property in Paris and Nati-onal Bureau of Standards, Ministry of Economic Affairs in Taipeiconcerning the Mutual Granting of a Priority Right as regardsPatents, Designs and Trademarks, and Cooperation" dated 1st July1996, in these fields under the following terms and conditions:1.National Institute for Industrial Property in Paris (INPI), and Intellectual Property Office in Taipei (TIPO), hereinafter referred to as “the Parties", record formally that each of the Parties shall accept priority claims in relation to applicati- ons for patents of invention, for utility model patents or ut- ility certificates, and for design patents, or designs and mo- dels, based on a first filing effected with the other Party ( or based on a first filing effected with a country which is a member of the World Trade Organization or a party to the Paris Convention for the Protection of Industrial Property and also has a reciprocal priority arrangement with TIPO) by its natio- nals, on or after the date on which this Amendment takes effe- ct. The Parties note that the reciprocity condition provided for in both statutes is complied with and accordingly shall exempt the applicants from producing proof thereof.2.This Amendment to the exchange of letters is a reciprocity Ag- reement as regards priority in the field of trademarks. Appli- cants with each of the Parties can avail themselves of this Agreement as of right. Each of the Parties shall accept prior- ity claims deriving from a first application for the registra- tion of a trademark effected with the other Party (or based on a first filing effected with a country which is a member of the World Trade Organization or a party to the Paris Conventi- on for the Protection of Industrial Property and also has a reciprocal priority arrangement with TIPO) on or after the da- te on which this Amendment takes effect.3.Both Parties (INPI and TIPO) accept priority claims by nation- als of the other Party, based on a first filing effected under international treaties such as the Hague Agreement, the Europ- ean Patent Convention, and the Patent Cooperation Treaty on or after the date on which this Amendment takes effect.4.For the purpose of the implementation of the preceding Provis- ions, notably of the definition and of the time limits, both Parties shall refer to Article 4 of the Paris Convention for the Protection of Industrial Property.5.At their convenience and on terms to be agreed upon between the Directors General of the parties, INPI and TIPO shall exc- hange:a) Information and Experience: ‧on their respective organization and management ‧on their procedures (search and examination, notably)b) Technical documentation and publicationsc) Trainees6.Both Parties shall keep each other informed of the way in whi- ch this Amendment is implemented as well as the difficulties with implementation which may be encountered. The Parties sha- ll exchange views on the evolution of national laws and on any issue related to industrial property rights protection.If the above-mentioned provisions suit you, I have the pleasure,Sir, to suggest that this letter and your acceptance reply cons-titute an Agreement in this field between our two offices, whichshall enter into force on the date of acceptance reply.I avail myself of this opportunity to renew to you the assuranc-es of my highest consideration.Yours sincerely,Lien-Sheng TsaiDirector GeneralIntellectual Property OfficeMinistry of Economic AffairsDate: April 2,2004Mr. Lien-Sheng TsaiDIRECTOR GENERAL Intellectual Property Office, MOFA19th Fl., No. 185, Hsin-Hai Road, Sec. 2,Taipei, TaiwanDear Director General,It is my honor to acknowledge the receipt of your letter of tod-ay which reads as follows:"Dear Director General,With reference to the latest discussion during the 4th bilateralcommission in Cognac, on 23rd October 2000, concerning the mutu-al granting of a priority right as regards patents, trademarksand industrial designs, I have the pleasure to notify you of thefact that the Intellectual Property Office in Taipei is willingto enter with the National Institute for Industrial Property inParis into an agreement to amend the “Exchange of Letters betwe-en National Institute for Industrial Property in Paris and Nati-onal Bureau of Standards, Ministry of Economic Affairs in Taipeiconcerning the Mutual Granting of a Priority Right as regardsPatents, Designs and Trademarks, and Cooperation" dated 1st July1996, in these fields under the following terms and conditions:1.National Institute for Industrial Property in Paris (INPI), and Intellectual Property Office in Taipei (TIPO), hereinafter referred to as “the Parties", record formally that each of the Parties shall accept priority claims in relation to applicati- ons for patents of invention, for utility model patents or ut- ility certificates, and for design patents, or designs and mo- dels, based on a first filing effected with the other Party ( or based on a first filing effected with a country which is a member of the World Trade Organization or a party to the Paris Convention for the Protection of Industrial Property and also has a reciprocal priority arrangement with TIPO) by its natio- nals, on or after the date on which this Amendment takes effe- ct. The Parties note that the reciprocity condition provided for in both statutes is complied with and accordingly shall exempt the applicants from producing proof thereof.2.This Amendment to the exchange of letters is a reciprocity Ag- reement as regards priority in the field of trademarks. Appli- cants with each of the Parties can avail themselves of this Agreement as of right. Each of the Parties shall accept prior- ity claims deriving from a first application for the registra- tion of a trademark effected with the other Party (or based on a first filing effected with a country which is a member of the World Trade Organization or a party to the Paris Conventi- on for the Protection of Industrial Property and also has a reciprocal priority arrangement with TIPO) on or after the da- te on which this Amendment takes effect.3.Both Parties (INPI and TIPO) accept priority claims by nation- als of the other Party, based on a first filing effected under international treaties such as the Hague Agreement, the Europ- ean Patent Convention, and the Patent Cooperation Treaty on or after the date on which this Amendment takes effect.4.For the purpose of the implementation of the preceding Provis- ions, notably of the definition and of the time limits, both Parties shall refer to Article 4 of the Paris Convention for the Protection of Industrial Property.5.At their convenience and on terms to be agreed upon between the Directors General of the parties, INPI and TIPO shall exc- hange:a) Information and Experience: ‧on their respective organization and management ‧on their procedures (search and examination, notably)b) Technical documentation and publicationsc) Trainees6.Both Parties shall keep each other informed of the way in whi- ch this Amendment is implemented as well as the difficulties with implementation which may be encountered. The Parties sha- ll exchange views on the evolution of national laws and on any issue related to industrial property rights protection.I avail myself of this opportunity to renew to you the assuranc-es of my highest consideration.In reply, I have the pleasure to accept, on behalf of the INPI,the foregoing conditions contained in your letter and to confirmthat your letter and this letter in reply shall constitute anAgreement between our two officies which shall into force on thedate of this letter.Yours sincerely,Daniel HANGARDDirector GeneralFrench National InstituteFor Industrial Property