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海峡两岸知识产权民事司法协助是一国内部的区际司法协助,二十多年来,尽管海峡两岸在司法协助方面已经做出了很多努力,也取得了一定的进展,但是囿于政治分歧、法律制度差异以及文化心理差异等因素,海峡两岸司法协助工作开展的难度较大,但知识产权问题恰恰是海峡两岸在政治、法律和文化心理等方面的分歧或差异最小,并受“公共秩序保留原则”的限制较小,是海峡两岸司法协助中最易突破和最易取得成效的领域,这也符合海峡两岸司法协助工作的“先易后难,先局部后整体,先民间后官方”原则。
Since the two sides of the Strait have made a lot of efforts and made some progress in judicial assistance, they have made some progress. However, due to political differences, the two sides of the Taiwan Strait, Differences in legal systems and differences in culture and psychology, it is more difficult for the two sides of the Taiwan Strait to carry out their judicial assistance. However, the issue of intellectual property is precisely the difference or difference in political, legal and cultural psychology between the two sides of the Taiwan Strait and is subject to the “public order The principle of ”reservation“ is less restrictive and is the easiest and most effective way to achieve mutual legal assistance in the two sides of the Taiwan Strait. This is also in line with the judicial assistance work carried out by the two sides of the Taiwan Strait. Official ”principle.