WORLD TRADE
ORGANIZATIONIP/C/W/367
29 August 2002
(02-4606)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions by the European Communities and their member States
By means of a communication from the Permanent Delegation of the European Commission,
dated 25 July 2002, the Secretariat has received copies of the following questions that the European
Communities and their member States have communicated to the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu.
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A. GENERAL PROVISIONS
1. Please state whether your IP legislation includes measures to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the  TRIPS Agreement.  If yes, please
describe these measures and explain how such measures are consistent with the provisions of the
TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Given that Chinese Taipei is not a party to the Berne Convention, which measures have been
taken in order to comply with Article 9 of the TRIPS Agreement.
3. Please explain how your legislation deals with copyright piracy and, in particular, with
material made available, without authorisation of the right owner, over the internet.
4. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
5. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
6. Please describe the rights granted to performers, producers of phonograms (sound recordings)
and broadcasting organisations under your legislation.
C. TRADEMARKS
7. Article 5, second paragraph of the Trademark Law of the Chinese Taipei (hereafter "TM
Law"), allows that a sign which is not inherently distinctive may still be registered if the applicant
demonstrates acquired distinctiveness through use.  Please indicate whether such is equally possibleIP/C/W/367
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for single colour marks.  In addition, please explain whether the registration of smell and sound marks
will be permissible.
8. Article 25 TM Law seem to indicate that renewal will be refused in cases where the
trademark owner did not genuinely use his trade mark within a period of three years prior to the filing
of the (renewal) application.  Does this mean th at the owner will have to demonstrate genuine use
each time he seeks for renewal?  Please explain how this provision complies with Article 19 of the
TRIPS Agreement.
9. Please explain how the TM Law complies with the provisions of Articles 22 and 23 of the
TRIPS Agreement.  More precisely, please explain how the TM Law protects geographical
indications as requested by the TRIPS Agreement.
10. Please explain what is meant by Chinese "Standard Quality" marks  as referred to in
Article 37.4 TM Law.  Article 37.6 TM Law seems to provide a protection that is in line with
Article 22.3 of the TRIPS Agreement, please indicate where the TM Law provides for an additional
protection for geographical indications for wines and spirits.
11. Article 32 and Article 44 TM Law provide for the possibility to file an administrative appeal
against decisions that are taken by the Trademark Office.  Please explain how the TM Law complies
with Article 41.4 of the TRIPS Agreement (opportunity for review by a judicial authority of finaladministrative decisions).
12. Please explain how the TM Law affords protec tion to well-known trade marks (Article 6 bis of
the Paris Union Convention).  Please also explain how the Chinese Taipei legislation defines a well-
known trade mark.  Will Chinese Taipei take into consideration the Joint Recommendation
concerning Provisions on the Protection of Well-Known Marks that were adopted by the Assembly ofthe Paris Union for the Protection of Industrial Property and by the General Assembly of the World
Intellectual Property Organization (WIPO) in September 1999?
D. G
EOGRAPHICAL INDICATIONS
13. Chinese Taipei recently enacted the regulation Governing the Labeling of the Alcoholic
Products.  Article 13 provides for the definition of a geographical indication in Chinese Taipeilegislation.  Please indicate how a geographical indication can be protected through this legislation.
Please indicate whether Chinese Taipei intends to enact a regulation for other geographical indications
then those for alcohol products.
14. Please describe and explain the provisions in Chinese Taipei legislation establishing a link, if
any, between the characteristics of an indication and its geographical origin.
15. Please explain what use has been made in Chinese Taipei of the exceptions under Article 24
of the TRIPS Agreement?  Please provide examples of the use of the exceptions by courts, or lists ofnames considered as generic in your jurisdiction.
16. Please explain how foreign geographical indications enjoy the protection prescribed by
Articles 22 and 23 of the TRIPS Agreement.  Can you please provide us with an overview of all the
geographical indications that are currently protected in Chinese Taipei?
17. Please explain how Chinese Taipei nationals may ask for the protection of their geographical
indications.IP/C/W/367
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E. INDUSTRIAL DESIGNS
18. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
19. Please explain how your legislation protects ri ght holders of a design against importing of
Articles bearing embodied or copied design.
20. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
21. Please indicate for what period of time your legislation grants protection for industrial
designs.
F. PATENTS
22. Please explain how the three criteria for the patentability of inventions as set out in
Article 27.1 (novelty, inventive step, industrial use) of the TRIPS Agreement are reflected in yourpatent law and how they are applied in practice.
23. Article 31(f) of the TRIPS Agreement stipulates that "use under a compulsory licence shall be
authorised predominantly for the supply of the domestic market" .  Please describe how the Chinese
Taipei Patent Law complies with this Article.
24. Please describe how Chinese Taipei complies with Article 3 of the TRIPS Agreement
("national treatment") in regard to providing rights of priority (Article 4 of the Paris Union
Convention) for applications of patents, utility models or design patents from a WTO Member.
G. P
LANT VARIETY PROTECTION
25. In December 1988, the Chinese Taipei Government adopted the Plant Seed Law ( sui generis
system as provided for by Article 27.3 of the TRIPS Agreement).  The Plant Seed Law was mostrecently amended on 17 May 2000.  Please describe how the protection of plant varieties is regulated
by this Law.
H. L
AYOUT -DESIGNS OF INTEGRATED CIRCUITS
26. Please describe how your legislation protects topographies.
27. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other Articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
28. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an Article incorporating such an integrated circuit that it
contains an unlawful topography.
29. Please state the term of protection granted by your legislation to topographies.IP/C/W/367
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I. PROTECTION OF UNDISCLOSED INFORMATION
30. Please explain how Chinese Taipei legislation defines undisclosed information.  Please
explain how Article 39.3 of the TRIPS Agreemen t has been implemented in the legislation.
31. Please explain whether or not Chinese Taipei legislation grants a defined period of time for
the protection of undisclosed information.  If so, please specify it.
32. Please explain how Chinese Taipei intends to protect undisclosed test data and other data
submitted to Chinese Taipei authorities to obtain marketing approval for pharmaceuticals against
unfair commercial use and disclosure.
J. ENFORCEMENT
33. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
34. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
35. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
36. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
37. Article 45 of the TRIPS Agreement stipulates that "the judicial authority shall have the
authority to order the infringer to pay the right hol der damages adequate to compensate for the injury
suffered".  Please indicate how the Chinese Taipei  civil judicial remedies comply with this TRIPS
obligation.  Please quote what provisions of your legislation authorize judges to order the payment tothe right holder of adequate damages to compensate the injury he suffered.
38. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
39. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
40. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.  Article 56 of the TRIPS Agreement provides that the applicant
may be ordered to pay appropriate compensation because of wrongful detention of goods.  Please
explain how Chinese Taipei legislation complies with this Article of the TRIPS Agreement.
41. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
42. Please identify the competent authorities in your jurisdiction which receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs authorities.
43. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.IP/C/W/367
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44. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
45. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
46. Please describe how Articles 42 and 43 of the TRIPS Agreement have been implemented in
the judicial rules of civil procedures.
47. Are cases involving repeat offenders and wilful piracy and counterfeiting referred to the
appropriate authorities for initiation of criminal proceedings?  Can Chinese Taipei provide some
relevant statistics of cases that have led to prosecution under the criminal law provisions?
48. Does your legislation include ex officio actions as allowed by Article 58 of the TRIPS
Agreement?
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