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英譯法規內容

Title Operational Directions Governing the Mutual Cooperation between Taiwan Intellectual Property Office and the Korean Intellectual Property Office in the Field of Deposit of Biological Materials for the Purposes of Patent Procedure Ch
Date 2020.09.01
Legislative 1.Promulgated on September 1, 2020.
Content 1. These Operational Directions (hereinafter referred to as “the Directions”) are formulated to 
strengthen cooperative ties between Taiwan and Korea, to reduce the burden of applicants having to 
repeat the process of making a deposit, to implement the provisions set forth in Paragraph 5, Article 
27 of the Patent Act, and to carry out the terms stated in the Mutual Cooperation in the Field of 
Deposit of Biological Materials for the Purposes of Patent Procedure between Taiwan and Korea.

2. In the event an applicant files a patent application in the Republic of China and deposits 
biological materials in a depository located in Korea and designated by the Korean Intellectual 
Property Office (hereinafter referred to as “KIPO”), such deposit shall be governed by Korean laws 
and regulations. However, the persons qualified for requesting to be furnished a sample and the 
grounds for requesting to be furnished a sample shall be governed by Paragraph 1 of Article 13 and 
Paragraph 1 of Article 14 of the Regulations for the Deposit of Biological Materials for Patent 
Application.
In the event an applicant files a patent application to the KIPO and deposits biological materials in 
the depository located in the Republic of China and designated by the Taiwan Intellectual Property 
Office, Ministry of Economic Affairs (hereinafter referred to as “TIPO”), such deposit shall be 
governed by the Regulations for the Deposit of Biological Materials for Patent Application and the 
Directions. However, the persons qualified for requesting to be furnished a sample and the grounds 
for requesting to be furnished a sample shall be governed by Korean laws and regulations.

3. Through this mutual cooperation between TIPO and KIPO, the effect of the deposit of biological 
materials made for the purposes of patent procedure at a designated depository by one Office shall 
be recognized for the purposes of patent procedure by the other Office.
The scope of the recognition referred to in the preceding paragraph shall include the fact and the 
date of the deposit as provided by the designated depositary and what is furnished as a sample is one 
of the deposited biological materials.
The other Office may request a copy of certificate of deposit issued by the said designated 
depository indicating the deposit made pursuant to Paragraph 1.

4. The designated depositories referred to in the Directions shall mean respectively the Food 
Industry Research and Development Institute (FIRDI) in the Republic of China, and the Korean 
Collection for Type Cultures (KCTC) or the Korean Culture Center of Microorganisms (KCCM) or 
the Korean Cell Line Research Foundation (KCLRF) or the Korean Agricultural Culture Collection 
(KACC) in the Republic of Korea.

5. In the event a designated depository of neither office can furnish samples of the deposited 
biological materials for any reason, including where such biological materials is no longer viable or 
where the furnishing of samples would require that they be sent abroad and the sending or the 
receipt of the samples abroad is prevented by export or import restrictions, the designated 
depository shall promptly notify the depositor of such inability, and indicate the cause thereof. The 
depositor may make a new deposit of the biological materials which were originally deposited.
The new deposit shall be made pursuant to the preceding paragraph with the designated depository 
with which the original deposit was made. In the event of any of the followings, however, the 
deposit may be made to another designated depository of either Office:
(1) where the designated depository with which the original deposit was made has ceased to have 
the status of designated depository; or
(2) where the furnishing of samples is prevented by export or import restrictions.
The new deposit made pursuant to Paragraph 1 or 2 shall be accompanied by a statement signed by 
the depositor alleging that the newly deposited biological materials are the same as those originally 
deposited.
Unless otherwise provided for in this Point, the new deposit will be deemed as being made on the 
same date as the original deposit where the statement thereof verified the viability of the originally 
deposited biological material and where the new deposit was made within three (3) months after the 
date on which the depositor received the notification referred to in Paragraph 1.
If the furnishing of samples is prevented by the cause stipulated in Subparagraph 1 of Paragraph 2 
and the depositor does not receive the notification referred to in Paragraph 1 within six (6) months 
after the date on which the termination of the status of a designated depository was published by the 
designating Office, the three–month time limit referred to in the preceding paragraph will be 
counted from the date of the said publication.

6. If any designated depositary temporarily or definitively discontinues the performance of its 
responsibilities, the designating Office shall adopt the following measures:
(1) ensure that the original depositary promptly notifies all the depositors affected by the 
discontinuance of the performance of its functions; and
(2) promptly notify the other Office of the fact and the extent of the discontinuance and of the 
measures which have been taken by the said designating Office.
Where the depositor receives a certificate of the deposit from the receiving depositary stating the 
new accession number given to the original deposit, the Office with which a patent application was 
filed shall be notified of the new accession number by the depositor.

7. If any designated depository refuses deposit of any kind of biological materials it is supposed to 
accept, the designating Office will promptly notify the other Office of the relevant facts and the 
measures which have been taken.

8. The depositor may not withdraw the deposit after receiving the certificate of deposit issued by the 
designated depository.

9. The Directions may apply where the request of deposit of biological materials has been filed prior 
to the implementation of the Directions and the relevant patent application for invention is filed with 
TIPO after such implementation.