WORLD TRADE
ORGANIZATIONIP/N/1/TPKM/1
19 June 2002
(02-3395)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
By means of a communication from its Permanent Mission, dated 2 May 2002, the following
notification has been received from the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu, under Article 63.2 of the Agreement.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) and the procedures laid  down by the Council for TRIPS in November 1995,
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu hereby notifies the Council oflaws and regulations relating to the field covered by the Agreement, as follows:
- Annex I contains the listing of the main dedicated intellectual property laws and
regulations.
- Annex II contains the listing of other laws and regulations.
It should be noted that the English texts of the laws and regulations listed in the annexes are
not official translations.  Should there be any discrepancy between the Chinese and English
texts, the original Chinese texts shall govern, and in all instances of interpretation the Chinese
original texts should be consulted.
- Answers to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/TPKM/1.IP/N/1/TPKM/1
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
The Copyright Law.2
Date of adoption:  14 May 1928.
Entry into force:  16 May 1928.
As most recently amended on 12 November 2001.
The amendment entered into force on 14 November 2001.
The Copyright Intermediary Organization Act.3
Date of adoption:  5 November 1997.
Entry into force:  7 November 1997.
The Illustrated Contents of Each Kind of Works in Paragraph One of Article 5 of the Copyright Law.4
Date of adoption:  10 June 1992.
Entry into force:  12 June 1992.
The Regulations Governing Application for Approval of Compulsory License of Musical Works and
Royalties for Use Thereof.5
Date of adoption:  23 February 1998.
Entry into force:  25 February 1928.
As most recently amended on 19 April 2000.
The amendment entered into force on 21 April 2000.
The Regulations of Copyright Dispute Mediation.6
Date of adoption:  11 August 1992.
Entry into force:  13 August 1992.
As most recently amended on 9 June 1999.
The amendment entered into force on 11 June 1999.
The Certain Amount in Items 2 and 3 of Paragraph one of Article 87bis of the Copyright Law.7
Date of adoption:  24 April 1993.
Entry into force:  26 April 1993.
The Standards for Compensation for Fair Use of Works in Paragraph 4 of Article 47 of the Copyright
Law.8
Date of adoption:  23February 1998.
Entry into force:  25 February 1998.
                                                     
2 See document IP/N/1/TPKM/C/1.
3 See document IP/N/1/TPKM/C/2.
4 See document IP/N/1/TPKM/C/3.
5 See document IP/N/1/TPKM/C/4.
6 See document IP/N/1/TPKM/C/5.
7 See document IP/N/1/TPKM/C/6.
8 See document IP/N/1/TPKM/C/7.IP/N/1/TPKM/1
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The Regulations Governing Registration of Plate Rights.9
Date of adoption:  23 February 1998.
Entry into force:  25 February 1998.
The Implementation Rules for Suspension of Release of Copyright or Plate Rights Infringing Goods
by Customs Authorities.10
Date of adoption:  8 June 1998.
Entry into force:  10 June 1998.
The Trademark Law.11
Date of adoption:  6 May 1930.
Entry into force:  8 May 1930.As most recently amended on 7 May 1997.
The amendment entered into force on 1 November 1998.
The Enforcement Rules of the Trademark Law.
12
Date of adoption:  30 December 1930.
Entry into force:  2 January 1931.
As most recently amended on 15 September 1999.
The amendment entered into force on 17 September 1999.
The Trademark Official Rates Standard.13
Date of adoption:  1 July 1994.
Entry into force:  3 July 1994.
As most recently amended on 1 November 2000.
The amendment entered into force on 3 November 2000.
The Patent Law.14  (This Law also covers the protection of industrial designs.)
Date of adoption:  29 May 1944.
Entry into force:  31 May 1944.
As most recently amended on 24 October 2001.
The amendment entered into force on 28 October 2001.
The Enforcement Rules of the Patent Law.15
Date of adoption:  26 September 1947.
Entry into force:  28 September 1947.
As most recently amended on 3 October 1994.
The amendment entered into force on 5 October 1994.
The Integrated Circuit Layout Protection Act.16
Date of adoption:  11 August 1995.
Entry into force:  13 August 1995.
                                                     
9 See document IP/N/1/TPKM/C/8.
10 See document IP/N/1/TPKM/C/9.
11 See document IP/N/1/TPKM/T/1.
12 See document IP/N/1/TPKM/T/2.
13 See document IP/N/1/TPKM/T/3.
14 See document IP/N/1/TPKM/I/1.
15 See document IP/N/1/TPKM/I/2.
16 See document IP/N/1/TPKM/L/1.IP/N/1/TPKM/1
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The Enforcement Rules of the Integrated Circuit Layout Protection Act.17
Date of adoption:  14 February 1996.
Entry into force:  16 February 1996.
The Trade Secret Act.18
Date of adoption:  17 January 1996.
Entry into force:  19 January 1996.
The Plant Seed Law.19
Date of adoption:  5 December 1988.
Entry into force:  7 December 1988.
As most recently amended on 17 May 2000.The amendment entered into force on 19 May 2000.
The Enforcement Rules of the Plant Seed Law.
20
Date of adoption:  27 July 1990.
Entry into force:  29 July 1990.As most recently amended on 31 January 2000.
The amendment entered into force on 2 February 2000.
The Tobacco and Alcohol Administrative Law.
21
Date of adoption:  19 April 2000.
Entry into force:  1 January 2002.
The Regulations Governing the Labelling of the Alcohol Products.22
Date of adoption:  30 December 2000.
Entry into force:  1 January 2002.
The Optical Disk Management Statute (Optical Law).23
Date of adoption:  14 November 2001.
Entry into force:  16 November 2001.
                                                     
17 See document IP/N/1/TPKM/L/2.
18 See document IP/N/1/TPKM/U/1.
19 See document IP/N/1/TPKM/P/1.
20 See document IP/N/1/TPKM/P/2.
21 See document IP/N/1/TPKM/E/1.
22 See document IP/N/1/TPKM/G/1.
23 See document IP/N/1/TPKM/E/2.IP/N/1/TPKM/1
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and related rights
The Cable Television Broadcasting Law.
Date of adoption:  11 August 1993.
Entry into force:  13 August 1993.As most recently amended on 30 May 2001.
The amendment entered into force on
1 June 2001.Article 57:  A program or advertisement
involving rights of a third party shall be
transmitted by cable television only after a legal
authorisation has been obtained.
The Enforcement Rules of the Broadcasting and
Television Law.
Date of adoption:  30 December 1976.Entry into force:  1 January 1977.
As most recently amended on 18 March 1999.
The amendment entered into force on20 March 1999.Article 39:  Before a videotape program is
distributed or screened, the radio/televisionprogram supplying business shall submit a
completed form of application together with the
Videotape program, pre-screening fee and
certification fee to the GIO for pre-screening.  In
the case of videotape programs not produced in-house, documents certifying the licensing of said
programs shall be filled out and submitted along
with the videotape.
Article 43:  If only one audio-visual device is
used to broadcast or screen videotape programs,
it shall be in accordance with the extent of
broadcast/screening rights conferred.
Article 45:  Any ROC business that produces
videotape programs on an OEM basis for export
shall submit documentation with GIO for review
and approval without subject to the limitation
prescribed in Article 41, provided that the
documentation indicates that the foreign party haslicensed its rights pertaining to the programs to
the business and it has been notarised by a
government official or a legal notary agency or
verified by a pertinent international copyright
ownership organisation which is approved by the
government.IP/N/1/TPKM/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
The Motion Picture Law.
Date of adoption:  18 November 1983.
Entry into force 20 November 1983.
As most recently amended on
14 November 2001.
The amendment entered into force on
16 November 2001.Article 25:   When applying for the review of a
motion picture, a completed application shall besubmitted along with a certificate of copyright in
the case of a domestic or domestically-produced
motion picture, or certificate of distribution rights
in the case of a foreign motion picture.
The Enforcement Rules of the Motion Picture
Law.
Date of adoption:  15 September 1984.
Entry into force:  17 September 1984.
As most recently amended on 9 January 2002.
The amendment entered into force on11 January 2002.Article 36:  If the copyright or right of
distribution is transferred, the transferee shall
submit the screening license and agreement of
transfer to the central authority in charge and
apply for a new license.
Trademarks
The Fair Trade Law.
Date of adoption:  4 February 1991.
Entry into force:  6 February 1991.
As most recently amended on 26 April 2000.The amendment entered into force on
28 April 2000.Article 20:  Regulation on imitation of symbols,
trademark, and well-known foreign trademark
without registration.
The Principles for Handling Cases Governed by
Article 20 of the Fair Trade Law.
Date of adoption:  20 March 1999.
Entry into force:  22 March 1999.Operation guidelines for practices related to
Article 20 of the Fair Trade Law.
Geographical indications
The Enforcement Rules of the Tobacco and
Alcohol Administrative Law.
Date of adoption:  30 December 2000.Entry into force:  1 January 2002.Article 45 of the Tobacco and Alcohol
Administrative Law and Article 19 of these Rules
govern the disposal of the winery products that
are confiscated for bearing false or misleadingmarking of year, age, or geographical indication.IP/N/1/TPKM/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
The Commodity Labelling Law.
Date of adoption:  22 January 1982.
Entry into force:  22 January 1982.
As most recently amended on 26 April 2000.
The amendment entered into force on
28 April 2000.Article 8:  If the goods placed on the market are
packed, the following material facts shall be
included thereon:(1) name of the goods;
(2) name and address of the manufacturer and the
importer if the goods are imported.
The Trademark Law.
Date of adoption:  6 May 1930.
Entry into force:  8 May 1930.
As most recently amended on 7 May 1997.
The amendment entered into force on
1 November 1998.Article 37 of this Law denies the registration of a
trademark design that is likely to mislead thepublic as to the true place of origin of the goods.
Protection of undisclosed information
The Trade Secret Act.
Date of adoption:  17 January 1996.Entry into force:  19 January 1996.Trade secrets are protected under a number of
different laws, including the newly enacted Trade
Secret Act, the Criminal Code, the Patent Lawand the Fair Trade Law.  The Trade Secret Act
was enacted in accordance with the Agreement
on Trade-Related Aspects of Intellectual Property
Rights to provide protection for valuable
materials, techniques and devices, which are notpatentable or copyrightable.
Prevention of the abuse of intellectualproperty rights
The Fair Trade Law.
Date of adoption:  4 February 1991.Entry into force:  6 February 1991.As most recently amended on 26 April 2000.
The amendment entered into force on
28 April 2000.Article 45 of this law reads: “The provisions of
this law shall not apply to the proper exercise of
the right(s) under the Copyright, Trademark Law
or Patent Law”.  This provision does not preventthe regulation of anti-competitive practices which
involve abuse of intellectual property rights, such
as imposing undue restrictions on the contractual
licenses to restrain trading counterparts’ business
activities or mass mailing warning letters to
trading counterparts of its competitors.IP/N/1/TPKM/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Civil judicial procedures and remedies
The Code of Civil Procedure.
Date of adoption:  26 December 1930.
Entry into force:  28 December 1930.
As most recently amended on 9 February 2000.
The amendment entered into force on
11 February 2000.This Code provides civil judicial procedures and
remedies as required by Articles 42 through 48 of
the Agreement on Trade-Related Aspects ofIntellectual Property Rights.
Provisional judicial measures
The Code of Civil Procedure.
Part II, Chapter 1, Section 3, Subsection 6 and
Part VII.
Date of adoption:  26 December 1930.
Entry into force:  28 December 1930.
As most recently amended on 9 February 2000.
The amendment entered into force on
11 February 2000.This Code provides provisional judicial measures
in accordance with Article 50 of the Agreement
on Trade-Related Aspects of Intellectual Property
Rights.
Special requirements related to border
measures
The Foreign Trade Act.
Date of adoption:  5 February 1993.Entry into force:  7 February 1993.
As most recently amended on 15 December 2000.The amendment entered into force on
17 December 1999.Articles 15, 17.1, 17.2, 28 and 30 of this Act
provide the main legal basis for border measures
of intellectual property rights.  Based on these
provisions, the Board of Foreign Trade, MOEA,
may take the following actions against a companysuspected or convicted of dealing in counterfeit
products:
1.  Upon a final court decision, to revoke the
company’s export permit or to levy a fine
ranging from NT$30,000 to NT$300,000.
2.  A company’s export permit can be
suspended for up to one year if the company
is indicted by a public prosecutor.IP/N/1/TPKM/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
The Regulations Governing Export of
Commodities.
Date of adoption:  19 July 1993.
Entry into force:  21July 1993.
As most recently amended on 12 July 2000.
The amendment entered into force on
14 July 2000.These Regulations cover export commodities and
the specific intellectual property rights attachedto such commodities.  Article 15
bis and 15ter
provide the legal basis for the establishment ofthe Trademark Export Monitoring System.
Articles 20, 21 and 21
bis provide the legal basis
for the export monitoring measures implemented
on the copyrighted products.
The Trademark Export Monitoring System.
Date of adoption:  13 September 1994.Entry into force:  1 October 1994.
As most recently amended on
25 November 1995.
The amendment entered into force on27 November 1995.Under the monitoring system, trademark holders
provide the BOFT with a description of their
mark, goods exported under the mark, and a list
of all parties which have been granted the right to
use the mark.  The BOFT inputs the information
into a computer database, and then forwards it to
Customs offices via a central computer network.Customs then uses this information to check if
exported goods infringe on registered trademarks.
The Regulations Governing Import of
Commodities.
Date of adoption:  14 July 1993.Entry into force:  16 July 1993.
As most recently amended on 9 August 2000.The amendment entered into force on
11 August 2000.Article 4 of theses Regulations governs the
administration of import commodities with
intellectual property attached thereto.
The Computer Software Export Monitoring
System.
As most recently amended on 1 October 1999.The amendment entered into force on
3 October 1999.The Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu has put in place what
may be the world’s only export control system
designed to stop exports of infringing software
and compact discs through an elaborate
inspection and monitoring system.IP/N/1/TPKM/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
The Customs Law.
Date of adoption:  5 May 1967.
Entry into force:  7 May 1967.
As most recently amended on 10 October 2001.
The amendment entered into force on
2 November 2001.Article 61 of this Law prohibits the imports of
objects which infringe on patents, trademarks andcopyrights.
Criminal procedures
The Code of Criminal Procedure.
Date of adoption:  28 July 1928.Entry into force:  30 July 1928.
As most recently amended on 12 January 2001.
The amendment entered into force on14 January 2001.This Code provides intellectual property right
holders with criminal procedures in accordance
with Article 61 of the Agreement on Trade-
Related Aspects of Intellectual Property Rights.
Any administrative procedures and remediesnot covered above
The Code of Administrative Court Proceedings.
Date of adoption:  17 November 1932.Entry into force:  19 November 1932.As most recently amended on 28 October 1998.
The amendment entered into force on
30 October 1998.This Law provides intellectual property right
holders with administrative remedies in
accordance with Article 49 of the Agreement on
Trade-Related Aspects of Intellectual PropertyRights.
The Law of Administrative Appeal.
Date of adoption:  24 March 1930.
Entry into force:  26 March 1930.
As most recently amended on 14 June 2000.The amendment entered into force on
14 June 2000.This Law provides intellectual property right
holders with administrative remedies in
accordance with Article 49 of the Agreement on
Trade-Related Aspects of Intellectual Property
Rights.
__________