Page 49 - 2018 Annual Report Taiwan Intellectual Property Office

TIPO ANNUAL REPORT review. The draft amendment is the most comprehensively adjusted in 20 years. TIPO will continue
to push for amendment process.
With the OTT industry calling for solutions to tackle emerging types of technology infringement, TIPO assisted in drafting the amendment to Subparagraph 8, Paragraph 1 of Article 87, as well as Article 93 of the Copyright Act. Proposed by the legislator, the draft amendment passed the first reading at the Legislative Yuan on December 21.
Copyright Collective Management Organization Act
After the public consultation meeting, TIPO proposed the preliminary draft amendment to the Copyright Collective Management Organizations Act in October. The draft includes the operation approval for a new CMO, the good management of CMOs, and the supervision and guidance of authorities. A total of 19 adjustments were made, of which 13 were revised and 6 were added.
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Trade Secrets Act
To improve the efficiency of prosecutors’ investigation and safeguard corporations’ trade secrets, TIPO introduced the system of confidentiality orders for investigation process in the draft partial amendment to the Trade Secrets Act, which is under review by the Legislative Yuan. The key revisions include:
(1) Where necessary, the prosecutor may issue a confidentiality order ex officio.
(2) Criminal sentence for violating the obligations: imprisonment of not more than three years or/and a fine of not more than NT$1,000,000.
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In conjunction with ROC's accession to CPTPP, TIPO promoted the revision of the Patent Act, the Trademark Act, and the Copyright Act. The amendment was reviewed and approved by the committee of the Legislative Yuan, and it is now awaiting the second reading. The key revisions include:
(1) Patent Act: in conjunction with the patent linkage system of the Pharmaceutical Affairs Act, TIPO promoted the draft amendment, the legal basis was added so that the patentees of an original drug or the pharmaceutical business of a generic drug may file a patent infringement complaint.
(2) Trademark Act: criminal liability was added that includes criminal acts such as counterfeiting labels or packages, and deleting the subjective requirement "knowingly" with respect to civil and criminal liability for trademark infringement.
(3) Copyright Act: the act of digital piracy causing substantial damage to copyright holders is now deemed as a public crime.
Amendment to IPR Laws for Joining CPTPP
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III IPR LEGAL REGIME