Copyright Act  
 - 1 - COPYRIGHT ACT  
1.40 Articles adopted and promulgated in full on 14 May 1928 by 
Order No. 212 of the National Government.  
2.37 Articles amended and promulgated in full on 27 April 1944 by 
Order Yu -Wen -Zih No. 251 of the National Government.  
3.Articles 30, 31, 32, 33, and 34 amended and promulgated by 
Presidential order on 13 January 1949.  
4.Articles 30, 31, 32, 36, and 41 newly adopted by Presidential order 
on 10 July 1964; original Articles 22 -29 became Articles 23 -30; 
original Articles 30 -32 became Articles 33 -35; original Articles 33 -
36 became Articles 37 -40; original Ar ticle37 became Article 42; 
and Articles 25, 26, 33, 35, 37 -40 amended.  
5.52 Articles amended and promulgated in full on 10 July 1985 by 
Presidential Order No. (74) Hua -Zong -(1)-Yi-Zih 3318.  
6.Articles 50 -51 newly adopted and promulgated and Articles 3, 28 
and 39 amended and promulgated on 24 January 1990 by 
Presidential Order No. (79) Hua -Zong -(1)-Yi-Zih 0427.  
7.117 Articles amended and promulgated in full on 10 June 1992 by 
Presidential Order No. (81) Hua -Zong -(1)-Yi-Zih 2805.  
8.Article 53 amended and prom ulgated on 6 July 1992 by 
Presidential Order No. (81) Hua -Zong -(1)-Yi-Zih 3285.  
9.Article 87 amended and promulgated and Article 87 -1 newly 
adopted and promulgated on 24 April 1993 by Presidential Order 
No. (82) Hua -Zong -(1)-Yi-Zih 1841.  
10.117 Articles amended and promulgated in full on 21 January 1988 
by Presidential Order No. (87) Hua -Zong -(1)-Yi-Zih 
87000126405.  Copyright Act &  Related Laws  
 - 2 - 11.Articles 2, 34, 37, 71, 81, 82, and 90 -1 amended and promulgated 
on 12 November 2001 by Presidential Order No. (81) Hua -Zong -
(1)-Yi-Zih 28 05. 
12.Articles 26bis, 28bis, 59bis, Chapter IVbis (chapter name), 80bis, 
82bis to 82quinquies, 90quater, 91bis, 96bis, 96ter, and 98bis 
newly adopted and promulgated, and Articles 2, 3, 7bis, 22, 24, 26, 
29, 37, 49, 50, 53, 56, 56bis, 60, 61, 63, 65, 69, 79, 82, 87, 88, 91 
to 95, 98, 100 to 102, 105, 106, 106ter, 106quater, 111, 113, 
115bis, 115ter, and 117 amended and promulgated, on 9 July 2003 
by Presidential Order No. (92) Hua -Zong -(1)-Yi-Zih 
09200122700.  
13.Article 80 -2 of the Copyright Act newly adop ted and promulgated 
and Articles 3, 22, 26, title of Chapter 4 -1, Articles 82, 87, 90 -1, 
90-3, 91, 91 -1, 92, 93, and 96 -1 thereof amended and promulgated 
on 1 September 2004 by Presidential Order No. (93) Hua -Zong -
(1)-Yi-Zih 09300158591.  
14.Article 94 of t he Copyright Act deleted and promulgated and 
Articles 98, 99 through 102, and 117 thereof amended and 
promulgated on 30 May 2006 by Presidential Order No. (95) Hua -
Zong -(1)-Yi-Zih 09500075761.  
15.Article 97 -1 of the Copyright Act newly adopted and promulga ted, 
and Articles 87 and 93 thereof amended and promulgated on 11 
July 2007 by Presidential Order No. (96) Hua -Zong -(1)-Yi-Zih 
09600088051.  
16.Title of Chapter 6bis, Article 90quinquies to 90terdicies newly 
adopted and promulgated,  and Article 3  thereof a mended and 
promulgated on  13 May 2009 by Presidential Order No. Hua -
Zong -(1)-Yi-Zih 09800116331.  
17.Articles 37, Chapter V (chapter name), 81, and 82 amended and 
promulgated on 10 February 2010 by Presidential Order No. Hua -Copyright Act  
 - 3 - Zong -(1)-Yi-Zih 09900029991.  
18.Article 53 amended and promulgated on 10 February 2010 by 
Presidential Order No. Hua -Zong -(1)-Yi-Zih 09900030001.  
19.Article 53, 65, 80 -2, 87 and 87 -1 amended and promulgated on 22 
January 2014 by Presidential Order No. Hua -Zong -(1)-Yi-Zih 
10300009931.  
20.Article 98 amended and promulgated on 30 November 2016 by 
Presidential Order No. Hua -Zong -(1)-Yi-Zih 10500146961.  
21.Article 87 and 93 amended and promulgated on 1 May 2019 by 
Presidential Order No. Hua -Zong -(1)-Yi-Zih 10800043331.  
 
Chapter I   
 General Principles  
Article 1  
This Act is specifically enacted for the purposes of protecting 
the rights and interests of authors with respect to their works, 
balancing different interests for the common good of society, and 
promoting the development of national cu lture. Matters not provided 
for herein shall be governed by the provisions of other acts.  
Article 2  
The competent authority under this Act is the Ministry of 
Economic Affairs.  
The Ministry of Economic Affairs shall appoint a specialized 
agency in charge of copyright matters.  
Article 3  
For the purposes of this Act the following definitions shall apply:  Copyright Act &  Related Laws  
 - 4 - 1."Work" means a creation that is within a literary, scientific, artistic, 
or other intellectual domain.  
2."Author" means a person who creates a work.  
3."Co pyright" means the moral rights and economic rights subsisting 
in a completed work.  
4."The public" or "a public" means unspecified persons or multiple 
specified persons; provided, this does not apply to multiple persons 
of a household and the household's n ormal social acquaintances.  
5."Reproduce" means to reproduce directly, indirectly, permanently, 
or temporarily a work by means of printing, reprography, sound 
recording, video recording, photography, handwritten notes, or 
otherwise. This definition also ap plies to the sound recording or 
video recording of scripts, musical works, or works of similar 
nature during their performance or broadcast, and also includes the 
construction of an architectural structure based on architectural 
plans or models.  
6."Public recitation" means to communicate the content of a work to 
the public by spoken words or other means.  
7."Public broadcast" means to communicate to the public the content 
of a work through sounds or images by means of transmission of 
information by a broadca sting system of wire, wireless, or other 
equipment, where such communication is for the purpose of direct 
listening reception or viewing reception by the public. This 
includes any communication, by transmission of information via a 
broadcasting system of w ire, wireless, or other equipment, to the 
public of an original broadcast of sounds or images by any person 
other than the original broadcaster.  
8."Public presentation" means to use single - or multiple -unit 
audiovisual devices, or other methods of transmit ting images, to Copyright Act  
 - 5 - simultaneously communicate the content of a work to the public at 
the place of transmission or at a specified place outside the place 
of transmission.  
9."Public performance" means to act, dance, sing, play a musical 
instrument, or use other  means to communicate the content of a 
work to a public that is present at the scene. This includes any 
communication to the public of an original broadcast of sounds or 
images through loudspeakers or other equipment.  
10."Public transmission" means to make  available or communicate to 
the public the content of a work through sounds or images by wire 
or wireless network, or through other means of communication, 
including enabling the public to receive the content of such work 
by any of the above means at a ti me or place individually chosen 
by them.  
11."Adaptation" means to create another work based upon a 
preexisting work by translation, musical arrangement, revision, 
filming, or other means.  
12."Distribution" means, with or without compensation, to provide 
the original of a work, or a copy thereof, to the public for the 
purpose of trade or circulation.  
13."Public display" means to display the content of a work to the 
public.  
14."Publication" means distribution by the rights holder of a 
sufficient number of co pies of a work to satisfy a reasonable level 
of public demand.  
15."Public release" means public issue by the rights holder of the 
content of a work to the public through publication, broadcast, 
presentation, recitation, performance, display, or other means.  Copyright Act &  Related Laws  
 - 6 - 16."The original" or "an original" means the object to which a work 
is first fixed.  
17."Electronic rights management information" means electronic 
information presented on the original or copies of a work, or at the 
time of communication of content of a work to the public, 
sufficient to identify the work, the name of the work, the author, 
the economic rights holder or person licensed thereby, and the 
period or conditions of exploitation of the work, including 
numbers or symbols that represent such in formation.  
18.“Technological protection measures” means equipment, devices, 
components, technology or other technological means employed 
by copyright owners to effectively prohibit or restrict others from 
accessing or exploiting works without authorization . 
19. "Internet service provider" means those who provide the 
following services:  
(1) Connection service provider: those who provide services, by 
wire or wireless means, of transmitting, routing, or receiving, 
information through a system or network controlled or operated 
by the service provider, or of the intermediate and transient 
storage of information in the course of such transmitting, routing, 
or receiving.  
(2) Caching service provider: those who, after information has 
been transmitted at the re quest of a user, provide services of 
intermediate and temporary storage of the information through a 
system or network controlled or operated by the service provider, 
for purposes of providing accelerated access to the information 
by users who subsequently  request transmission of the 
information.  
(3) Information storage service provider: those who provide 
information storage services at the request of a user through a Copyright Act  
 - 7 - system or network controlled or operated by the service provider.   
(4) Search service pr ovider: those who provide users with services, 
including an index, reference, or hyperlink, to search or 
hyperlink to online information.  
"Place of transmission or at a specified place outside the place of 
transmission" as referred to in subparagraph 8 of the preceding 
paragraph includes motion picture cinemas, clubs, places where 
videocassetes or videodiscs are presented, hotel rooms, public 
transportation vehicles, or other places that may be accessed by 
unspecified persons.  
Article 4 
Works of foreign nationals that comply with one of the 
following conditions may enjoy copyright under this Act; provided, 
where the terms of a treaty or an agreement that has been ratified by 
resolution of the Legislative Yuan provide otherwise, such terms shall 
govern:  
1.Works that are first published in the territory under the jurisdiction 
of the Republic of China, or are published in the territory under the 
jurisdiction of the Republic of China within thirty days after their 
first publication in territory outside the jur isdiction of the Republic 
of China; provided, this shall only apply where the country of such 
foreign national extends protection under identical circumstances 
to the works of persons of the Republic of China, and such 
protection has been verified.  
2.Wher e by treaty or agreement, or under the domestic acts, 
regulations, or standard practice of the home country of the foreign 
national, works of persons of the Republic of China enjoy 
copyright in such country.  
Chapter II  Works  Copyright Act &  Related Laws  
 - 8 - Article 5  
For the purposes of this act, "works" shall include the following:  
1.Oral and literary works.  
2.Musical works.  
3.Dramatic and choreographic works.  
4.Artistic works.  
5.Photographic works.  
6.Pictorial and graphical works.  
7.Audiovisual works.  
8.Sound recordings.  
9.Architectural  works.  
10.Computer programs.  
The examples and content of each category of works set forth in 
the preceding paragraph shall be prescribed by the competent 
authority.  
Article 6  
A creation adapted from one or more pre -existing works is a 
derivative work and shall be protected as an independent work.  
Protection of a derivative work shall not affect the copyright in 
the pre -existing work.  
Article 7  
A compilation work is a work formed by the creative selection 
and arrangement of materials, and shall be protected  as an 
independent work.  
Protection of a compilation work shall not affect the copyright in 
the work from which the material was selected and arranged.  Copyright Act  
 - 9 - Article 7bis  
A performance by a performer of a pre -existing work or folklore 
shall be protected as an independent work.  
Protection of a performance shall not affect the copyright in the 
pre-existing work.  
Article  8 
A joint work is a work that has been completed by two or more 
persons where the creation of each person cannot be separately 
exploited.  
Articl e 9 
The following items shall not be the subject matter of copyright:  
1.The constitution, acts, regulations, or official documents.  
2.Translations or compilations by central or local government 
agencies of works referred to in the preceding subparagraph.  
3.Slogans and common symbols, terms, formulas, numerical charts, 
forms, notebooks, or almanacs.  
4.Oral and literary works for news reports that are intended strictly to 
communicate facts.  
5.Test questions and alternative test questions from all kinds of 
examinations held pursuant to acts or regulations.  
The term "official documents" in the first subparagraph of the 
preceding paragraph includes proclamations, text of speeches, news 
releases, and other documents prepared by civil servants in the course 
of carr ying out their duties.  
Chapter III    Authors and Copyright  
Section 1   General Provisions  Copyright Act &  Related Laws  
 - 10 - Article 10  
The author of a work shall enjoy copyright upon completion of 
the work; provided, where this Act provides otherwise, such 
provisions shall govern.  
Article  10bis  
Protection for copyright that has been obtained in accordance 
with this Act shall only extend to the expression of the work in 
question, and shall not extend to the work's underlying ideas, 
procedures, production processes, systems, methods of operation, 
concepts, principles, or discoveries.  
Section 2   Authors  
Article 11  
Where a work is completed by an employee within the scope of 
employment, such employee is the author of the work; provided, 
where an agreement stipulates that the employer is t he author, such 
agreement shall govern.  
Where the employee is the author of a work pursuant to the 
provisions of the preceding paragraph, the economic rights to such 
work shall be enjoyed by the employer; provided, where an 
agreement stipulates that the ec onomic rights shall be enjoyed by the 
employee, such agreement shall govern.  
The term "employee" in the preceding two paragraphs includes 
civil servants.  
Article 12  
Where a work is completed by a person under commission, 
except in the circumstances set out  in the preceding article, such 
commissioned person is the author of the work; provided, where an Copyright Act  
 - 11 - agreement stipulates that the commissioning party is the author, such 
agreement shall govern.  
Where the commissioned person is the author pursuant to the 
provisions of the preceding paragraph, enjoyment of the economic 
rights to such work shall be assigned through contractual stipulation 
to either the commissioning party or the commissioned person. 
Where no stipulation regarding the enjoyment of economic rights  has 
been made, the economic rights shall be enjoyed by the 
commissioned person.  
Where the economic rights are enjoyed by the commissioned 
person pursuant to the provisions of the preceding paragraph, the 
commissioning party may exploit the work.  
Article 13 
Where a person's name or a pseudonym familiar to the public is 
represented in a normal way as the author on the original of a work, 
or on a published copy of the work, or in connection with a public 
release of a work, the person shall be presumed to be the author of 
the work.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis to presumptions concerning the date and place of 
publication of a work as well as the ownership of economic rights 
therein.  
Article 14  
(deleted)  
Section 3   Mora l Rights  
Article 15  
The author of a work shall enjoy the right to publicly release the 
work; provided, this shall not apply to a civil servant where, pursuant Copyright Act &  Related Laws  
 - 12 - to the provisions of Article 11 or 12, such person is the author while 
the juristic person employ ing such author enjoys the economic rights 
to the work.   
In the following circumstances the author shall be presumed to 
have consented to the public release of the work:  
1.Where, prior to publicly releasing its work, the author has 
transferred, or license d to exploit, the economic rights to the work, 
and the work is publicly released as a consequence of the exercise 
or exploitation of the economic rights.  
2.Where, prior to the public release of a artistic work or a 
photographic work, the author transfers t he original or a copy of 
such work to another party and the transferee publicly displays the 
original or copy of the work.  
3.Where the work is a Masters thesis or doctoral dissertation written 
under the "Degree Conferral Act" and the author has obtained a 
degree.  
Where, in accordance with the provisions of paragraph 2 of 
Article 11 or paragraph 2 of Article 12, an employer or a 
commissioning party, ab initio, obtained economic rights to a work 
that has never been publicly released, and where such work is 
publicly released in conjunction with the transfer, exercise, or 
exploitation of the economic rights of such work, the author shall be 
deemed to have consented to the public release of the work.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis to paragraph 3 of Article 12.  
Article 16  
The author of a work shall have the right to indicate its name, a 
pseudonym, or no name on the original or copies of the work, or 
when the work is publicly released. The author has the same right to a Copyright Act  
 - 13 - deriv ative work based on its work.  
The proviso in the first paragraph of the preceding article shall 
apply mutatis mutandis to the preceding paragraph.  
The person exploiting a work may use its own cover design and 
may add the name or appellation of the designer  or editor -in-chief; 
provided this shall not apply where the author has specifically 
indicated to the contrary, or where the addition would deviate from 
commonly accepted practices.  
Where the purpose and method of exploitation neither present 
any likelihoo d of harm to the author's interests nor deviate from 
commonly accepted practices, the author's name or appellation may 
be omitted.  
Article 17  
The author has the right to prohibit others from distorting, 
mutilating, modifying, or otherwise changing the cont ent, form, or 
name of the work, thereby damaging the author's reputation.  
Article 18  
The protection of moral rights of an author who has died or been 
extinguished shall be deemed to be the same as when the author was 
living or in existence and shall not be  infringed upon by any person; 
provided, the act shall not constitute an infringement where it can be 
considered that the author's intent has not been contravened given the 
nature and degree of the act of exploitation, social changes, or other 
circumstance s. 
Article 19  
Moral rights in a joint work may not be exercised without the 
consent of all the joint authors. A joint author shall not refuse consent 
without a legitimate reason.  Copyright Act &  Related Laws  
 - 14 - Authors of a joint work may select an author from among the 
joint authors to be their representative for the purpose of exercising 
moral rights.  
Limitations imposed on the representative powers of the 
representative referred to in the preceding paragraph shall not be 
effective against a third party acting in good faith.  
Article 20  
The original of a work that has not been publicly released and 
the economic rights therein shall not be the object of compulsory 
execution unless they are the object of a trade or the principal has 
given its consent.  
Article 21  
Moral rights belong exclusiv ely to the author and shall not be 
transferred or succeeded.  
Section 4   Economic Rights  
Subsection 1  Categories of Economic Rights  
Article 22  
Except as otherwise provided in this Act, authors have the 
exclusive right to reproduce their works.  
Performers have the exclusive right to reproduce their 
performances by means of sound recording, video recording, or 
photography.  
The provisions of the preceding two paragraphs do not apply to 
temporary reproduction that is transient, incidental, an essential part 
of a technology process, and without independent economic 
significance, where solely for the purpose of lawful network relay 
transmission, or for the lawful use of a work; provided, this shall not Copyright Act  
 - 15 - apply to computer programs.  
In the preceding paragraph, the phrase "temporary 
reproduction… for the purpose of lawful network relay transmission" 
includes technically unavoidable phenomena of the computer or 
machine occurring in network browsing, caching, or other processes 
for enhancing transmission efficiency.  
Article 23  
Authors of oral and literary works have the exclusive right to 
publicly recite their works.  
Article 24  
Except as otherwise provided in this Act, authors have the 
exclusive right to publicly broadcast their works.  
The provisions of the preceding paragraph shall not apply to 
further public broadcasts of a performance after that performance has 
been reproduced or publicly broadcast.  
Article 25 
Authors of audiovisual works have the exclusive right to 
publicly present their works.  
Article 26  
Except a s otherwise provided in this Act, authors of oral and 
literary, musical, and dramatic/choreographic works have the 
exclusive right to publicly perform their works.  
Performers have the exclusive right, by means of loudspeakers 
or other equipment, to publicl y perform their performances; provided, 
this shall not apply to public performances of a performance by 
means of loudspeakers or other equipment after that performance has Copyright Act &  Related Laws  
 - 16 - been reproduced or publicly broadcast.  
Where a sound recording has been publicly per formed, the 
author may claim payment of remuneration for use from the persons 
who publicly performed it.  
Article 26bis  
Except as otherwise provided in this Act, authors of works have 
the exclusive right of public transmission of their works.  
Performers ha ve the exclusive right of public transmission of 
their performances reproduced in sound recordings.  
Article 27  
Authors of unpublished fine arts or photographic works have the 
exclusive right to publicly display the original and copies of their 
works.  
Article 28  
Authors of works have the exclusive right to adapt their works 
into derivative works or to compile their works into compilation 
works; provided, this shall not apply to performances.  
Article 28bis  
Except as otherwise provided in this Act, authors o f works have 
the exclusive right to distribute their works through transfer of 
ownership.  
Performers have the exclusive right to distribute their 
performances reproduced in sound recordings through transfer of 
ownership.  
Article 29  Copyright Act  
 - 17 - Except as otherwise pro vided in this Act, authors of works have 
the exclusive right to rent their works.  
Performers have the exclusive right to rent their performances 
reproduced in sound recordings.  
Article 29bis  
An employer or commissioning party that has obtained the 
economic  rights in a work in accordance with the provisions of 
paragraph 2 of Article 11 or paragraph 2 of Article 12 shall have 
exclusive enjoyment of the rights set out in the provisions of Articles 
22 through 29.  
Subsection 2   Term of Protection for Economic R ights  
Article 30  
Except as otherwise provided in this Act, economic rights 
endure for the life of the author and fifty years after the author's death.  
Where a work is first publicly released between the fortieth and 
fiftieth years after the author's death,  the economic rights shall endure 
for a term of ten years beginning from the time of the first public 
release.  
Article 31  
Economic rights in a joint work subsist for fifty years after the 
death of the last surviving author.  
Article 32  
Economic rights in a pseudonymous work or an anonymous 
work endure for fifty years from the time of public release; provided, 
the economic rights shall be extinguished where it can be proven that 
the author has been deceased for over fifty years.  Copyright Act &  Related Laws  
 - 18 - The provisions of the precedin g paragraph shall not apply when 
the pseudonym of the author is well known to the public.  
Article 33  
Economic rights in works authored by a juristic person endure 
for fifty years after the public release of the work; provided, if the 
work is not publicly released within fifty years from the completion 
of the creation, the economic rights shall subsist for fifty years after 
completion of the creation.  
Article 34  
Economic rights for photographic works, audiovisual works, 
sound recordings, and performances en dure for fifty years after the 
public release of the work.  
The proviso of the preceding article shall apply mutatis 
mutandis to the preceding paragraph.  
Article 35  
All terms of duration specified in Articles 30 through 34 
terminate as of the last day of th e last year of the term.  
Where the term of economic rights for works released to the 
public continuously or successively is calculated on the basis of the 
date of the public release of the work, if each public release can 
constitute an independent work, th e term of economic rights of each 
work shall be calculated from the date of each public release; if each 
public release cannot constitute an independent work, the term shall 
be calculated from the date of the public release(s) that can constitute 
an indepe ndent work.  
With respect to the circumstances described in the preceding 
paragraph, if the continuing part has not been publicly released 
within three years of the date of public release of its preceding part, Copyright Act  
 - 19 - the term of the economic rights shall be calcu lated from the date of 
public release of its preceding part.  
Subsection 3    Transfer, Exercise, and Extinguishment of 
Economic Rights  
Article 36  
Economic rights may be transferred in whole or in part to 
another person and may be jointly owned with other p ersons.  
The transferee of economic rights obtains economic rights 
within the scope of the transfer.  
The scope of the transfer of the economic rights shall be as 
stipulated by the parties; rights not clearly covered by such 
stipulations shall be presumed to  have not been transferred.  
Article 37  
The economic rights holder may license others to exploit the 
work. The territory, term, content, method of exploitation, and other 
particulars of the license shall be as stipulated by the parties; 
particulars not clearly covered by such stipulations shall be presumed 
to have not been licensed.  
The license referred to in the preceding paragraph shall not be 
affected by subsequent assignment or further licensing of economic 
rights by the economic rights holder.  
A non -exclusive licensee may not sublicense the rights inherent 
in the license to any third party for exploitation without the consent 
of the economic rights holder.  
An exclusive licensee may, within the scope of the license, 
exercise rights in the capacity of economic rights holder, and may 
perform litigious acts in its own name. The economic rights holder Copyright Act &  Related Laws  
 - 20 - may not exercise rights within the scope of an exclusive license.  
The provisions of paragraphs 2 through 4 shall not apply to any 
license conferred prior to the implementation of the November 12, 
2001 amendment to this Act.  
The provisions of Chapter VII do not apply in the following 
circumstances except for works subject to the management of 
copyright collective management organizations:  
1. Exploitation of dig itized karaoke machines or jukeboxes which 
contain licensed duplication(s) of music works for public 
performance; or  
2. Rebroadcasting works of an original broadcast; or  
3. Communicating the sounds or images of an original broadcast to 
the public with loud speaker or other equipment; or  
4. Communicating the works to the public through public 
broadcasting or simultaneous public transmission of 
advertisement, by a broadcaster, within which such works have 
been reproduced under authorization.  
Article 38  
(delete d) 
Article 39  
Where economic rights are the object of a pledge, unless 
otherwise stipulated at the time the pledge is created, the economic 
rights holder may exercise the economic rights to the work.  
Article 40  
In the case of a joint work, each author's sh are of the ownership 
of such a work shall be as stipulated by the joint authors; where no Copyright Act  
 - 21 - stipulation has been made, ownership shares shall be determined 
according to the degree of each author's creative contribution. Where 
the degree of each author's crea tive contribution is not clear, it shall 
be presumed that each author owns an equal share.  
Where an author of a joint work abandons its share of the 
ownership of the work, that share shall be apportioned among the 
other joint authors in proportion to their  respective shares.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis where the author of a joint work dies with no successor or 
is extinguished with no receiver.  
Article 40bis  
Joint economic rights in a work shall not be exercised exc ept 
with the consent of all the joint economic rights holders; no economic 
rights holder shall transfer its share to another person or establish a 
pledge of its share in favor of a third party without the consent of all 
other joint economic rights holders.  A joint economic rights holder 
shall not refuse consent without a legitimate reason.  
The joint economic rights holders of a work may select a 
representative from among themselves to exercise their economic 
rights. Limitations imposed on the representative  powers of such 
representative shall not be effective against a third party acting in 
good faith.  
The second and third paragraphs of the preceding article shall 
apply mutatis mutandis to joint ownership of economic rights.  
Article 41  
Where an economic rights holder makes a submission to a 
newspaper or magazine, or licenses the public broadcast of the work, 
it shall be presumed, unless otherwise stipulated, that the economic Copyright Act &  Related Laws  
 - 22 - rights holder has licensed one printing or one public broadcast only, 
and that s aid printing or broadcast shall have no effect on other rights 
belonging to the economic rights holder.  
Article 42  
Economic rights are extinguished upon expiration of the term of 
protection. Economic rights are also extinguished where any of the 
following circumstances occurs during the term of protection:  
1.The economic rights holder has died and the economic rights, for 
that reason, divest by law to the national treasury.  
2.The economic rights holder is a juristic person that has been 
extinguished and the  economic rights, for that reason, divest by law 
to a local government.  
Article 43  
Except as otherwise provided by this Act, any person may freely 
exploit a work for which the economic rights have been extinguished.  
Subsection 4   Limitations on Economic Rights  
Article 44  
Within a reasonable scope, central or local government agencies 
may reproduce the work of another person if it is considered 
necessary for internal reference for the purpose of legislation or 
administration; provided, this shall not apply  where such 
reproduction would prejudice the interests of the economic rights 
holder due to the type and use of the work and the volume and 
method of reproduction.  
Article 45  
Within a reasonable scope, and for the sole purpose of use Copyright Act  
 - 23 - necessary to judicial proceedings, the works of another person may 
be reproduced.  
The proviso of the preceding article shall apply mutatis 
mutandis to the circumstances set forth in the preceding paragraph.  
Article 46  
Within a reasonable scope, and where necessary for the purpo se 
of teaching in schools, all levels of legally established schools and 
their teachers may reproduce the works of another person which have 
already been publicly released.  
The proviso of Article 44 shall apply mutatis mutandis to the 
circumstances set for th in the preceding paragraph.  
Article 47  
Within a reasonable scope, and for the purpose of preparing 
pedagogical texts for which review and approval by an education 
administrative agency is required by act or regulation, or where an 
education administrati ve agency prepares pedagogical texts itself, the 
works of another person that have been publicly released may be 
reproduced, adapted, or compiled.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis to the preparation of supplementary te aching aids which are 
ancillary to the aforesaid textbooks and which are exclusively 
provided to teachers for teaching purposes; provided, this shall be 
limited to editing by the preparer of such textbooks.  
Within a reasonable scope and for the purpose of meeting 
educational needs, all levels of legally established schools and 
educational institutions may publicly broadcast the works of another 
person that have been publicly released.  
In the circumstances set forth in the preceding three paragraphs Copyright Act &  Related Laws  
 - 24 - the expl oiter of the work shall notify the economic rights holder and 
pay compensation for use. The level of compensation shall be set by 
the competent authority.  
Article 48  
Libraries, museums, history museums, science museums, art 
museums, and other cultural inst itutions open to the public may 
reproduce works in their collections in any of the following 
circumstances:  
1.Where a patron requests reproduction of a part of a work that has 
been publicly released, or a single article from a seminar paper or 
a single art icle from a periodical that has been publicly released, 
provided that the copy is for personal research purposes and is 
limited to one copy per person.  
2.Where necessary to preserve materials.  
3.Where the works in question are out of print or difficult to 
purchase, and have been requested by another similar institute.  
Article 48bis  
Central or local government agencies, educational agencies that 
have been established by law, or libraries open to the public may 
reproduce abstracts appended to the following wo rks where such 
works have been publicly released:  
1.Masters theses or doctoral dissertations written under the "Degree 
Conferral Act," where the author has obtained a degree.  
2.Academic papers published in periodicals.  
3.Research reports or collections of  seminar papers that have been 
publicly released.  Copyright Act  
 - 25 - Article 49  
When reporting current events by means of broadcasting, 
photography, film, newspaper, network, or otherwise, works that are 
seen or heard in the course of the report may be exploited within the 
scope necessary to the report.  
Article 50  
Works publicly released in the name of a central or local 
government agency or a public juristic person may, within a 
reasonable scope, be reproduced, publicly broadcast, or publicly 
transmitted.  
Article 51  
Within a reasonable scope, where for nonprofit use by an 
individual or a family, a work that has been publicly released may be 
reproduced by a machine that is either located in a library or is not 
provided for public use.  
Article 52  
Within a reasonable scope, wor ks that have been publicly 
released may be quoted where necessary for reports, comment, 
teaching, research, or other legitimate purposes.  
Article 53  
For the purpose of exclusive use by the visually impaired, 
learning disabled, hearing impaired or other persons with a 
perceptual disability, works that have been publicly released may be 
exploited by local or central government agencies, non -profit 
organizations and all levels of legally established schools, by means 
of translation, Braille, sound -recording , digital transformation, verbal 
imagery, accompanying sign language or otherwise.  Copyright Act &  Related Laws  
 - 26 - The preceding paragraph shall be applied mutatis mutandis to 
the disabled persons or their guardians referred to in the preceding 
paragraph for personal and nonprofit use by  the disabled.  
The copies reproduced in accordance with the preceding two 
paragraphs may be distributed or publicly transmitted among the 
disabled persons, local or central government agencies, non -profit 
organizations and all levels of legally established  schools as 
prescribed in the preceding two paragraphs.  
Article 54  
Works that have been publicly released may be reproduced for 
use in examination questions on all kinds of examinations held by 
central or local government agencies and all levels of schools  or 
educational institutions established in accordance with law; provided, 
this shall not apply to works that have been publicly released as 
examination questions.  
Article 55  
The work of another person that has been publicly released may 
be publicly recite d, publicly broadcast, publicly presented, or 
publicly performed in the course of an activity of non -profit nature, 
provided that no fee is directly or indirectly collected from the 
viewers or listeners, and no compensation is given to the performers.  
Article 56  
For the purposes of public broadcasting, a radio or television 
broadcasting organization may, with its own equipment, sound record 
or video record a work; provided, this shall be limited to situations 
where the public broadcasting has been licensed by the economic 
rights holder, or situations otherwise comporting with the provisions 
of this Act.  Copyright Act  
 - 27 - Except where preservation of the recording referred to in the 
preceding paragraph has been approved for a designated place by the 
specialized agency in charg e of copyright matters, such sound or 
video recordings shall be destroyed within six months from the time 
of recording.  
Article 56bis  
For the purpose of enhancing receiving effect, a community 
antenna installed in accordance with law may simultaneously 
rebroadcast works broadcast by wireless television stations 
established in accordance with law; the form and content of such 
broadcasts shall not be changed.  
Article 57 
The owner of the original legal copy of an artistic work or 
photographic work, or a person  authorized by the owner, may 
publicly display such original or legal copy of the work.  
The public displayer referred to in the preceding paragraph may 
reproduce the work in a descriptive writing in order to provide 
viewers with an explanation or introduct ion. 
Article 58  
Artistic works or architectural works displayed on a long -term 
basis on streets, in parks, on outside walls of buildings, or other 
outdoor locales open to the public, may be exploited by any means 
except under the following circumstances:  
1.Reproduction of a building by construction of another building.  
2.Reproduction of a work of sculpture by production of another 
sculpture.  
3.Reproduction for the purpose of long -term public display in Copyright Act &  Related Laws  
 - 28 - locales specified in this article.  
4.Reproduction of ar tistic works solely for the purpose of selling 
copies.  
Article 59  
The owner of a legal copy of a computer program may alter the 
program where necessary for utilization on a machine used by such 
owner, or may reproduce the program as necessary for backup; 
provided, this is limited to the owner's personal use.  
If the owner referred to in the preceding paragraph loses 
ownership of the original copy for any reason other than the 
destruction or loss of the copy, all altered and backup copies shall be 
destroyed unless the economic rights holder grants its consent 
otherwise.  
Article 59bis  
A person who has obtained ownership of the original of a work 
or a lawful copy thereof within the territory under the jurisdiction of 
the Republic of China may distribute it by m eans of transfer of 
ownership.  
Article 60  
Owners of originals of works and lawful copies of works may 
rent such original works or copies; provided, this shall not apply to 
sound recordings and computer programs.  
The proviso of the preceding paragraph shal l not apply to copies 
of computer programs incorporated in products, machinery, or 
equipment to be legally rented, where such copies do not constitute 
the essential object of such rental.  
Article 61  Copyright Act  
 - 29 - Commentary on current political, economic, or social even ts that 
has appeared in a newspaper, magazine, or network may be 
republished by other newspapers or magazines, or be publicly 
broadcast by radio or television, or publicly transmitted on a network; 
provided, this shall not apply where there is indication t hat 
republishing, public broadcast, or public transmission is not 
authorized.  
Article 62  
Public speeches on politics or religion, and public statements 
made in legal proceedings or during proceedings of central or local 
government agencies, may be exploite d by any person; provided, 
consent of the economic rights holder shall be obtained when 
compiling a compilation work that is dedicated to the speeches or 
statements of specified persons.  
Article 63  
Persons that may exploit the work of another person in 
accordance with the provisions of Article 44, Article 45, 
subparagraph one of Article 48, Articles 48bis through 50, Articles 52 
through 55, Article 61, and Article 62 may translate such work.  
Persons that may exploit the work of another person in 
accordance with the provisions of Articles 46 and 51 may adapt such 
work.  
Persons that may exploit the work of another person in 
accordance with the provisions of Articles 46 through 50, Articles 52 
through 54, paragraph 2 of Article 57, Article 58, Article 61, and 
Article 62 may distribute such work.  
Article 64  
A person who exploits the work of another person pursuant to Copyright Act &  Related Laws  
 - 30 - the provisions of Articles 44 through 47, Articles 48bis through 50, 
Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 
60 through 63 shall provide a clear indication of the source of the 
work.  
The "clear indication of the source" referred to in the preceding 
paragraph shall indicate the name or appellation of the author in a 
reasonable manner, except where the work is anonymo us or the 
author is not known.  
Article 65  
Fair use of a work shall not constitute infringement on economic 
rights in the work.  
In determining whether the exploitation of a work complies with 
the reasonable scope referred to in the provisions of Articles 44  
through 63, or other conditions of fair use, all circumstances shall be 
taken into account, and in particular the following facts shall be noted 
as the basis for determination:  
1.The purposes and nature of the exploitation, including whether 
such exploitation is of a commercial nature or is for nonprofit 
educational purposes.  
2.The nature of the work.  
3.The amount and substantiality of the portion exploited in relation 
to the work as a whole.  
4.Effect of the exploitation on the work's current and p otential 
market value.  
Where the copyright owner organization and the exploiter 
organization have formed an agreement on the scope of the fair use of 
a work, it may be taken as reference in the determination referred to 
in the preceding paragraph.  Copyright Act  
 - 31 - In the course of forming an agreement referred to in the 
preceding paragraph, advice may be sought from the specialized 
agency in charge of copyright matters.  
Article 66  
The provisions of Articles 44 through 63 and Article 65 shall not 
affect the author's moral r ights.  
Subsection 5  Compulsory Licensing  
Article 67  
(deleted)  
Article 68  
(deleted)  
Article 69  
Where a sound recording of a musical work recorded for sale 
has been published for six months, a person who wishes to exploit the 
aforementioned musical work to record and produce other sound 
recordings for sale may apply to the specialized agency in charge of 
copyright matters for a compulsory license, and after paying 
compensation, may exploit such musical work and record and 
produce other sound recordings.  
Regu lations governing the compulsory license for a musical 
work referred to in the preceding paragraph, the method for 
calculating the compensation for exploitation, and other requisite 
matters shall be prescribed by the competent authority.  
Article 70  
Copies of sound recordings which exploit musical works 
pursuant to the provisions of the preceding article shall not be sold 
outside of the territory under the jurisdiction of the Republic of China.  Copyright Act &  Related Laws  
 - 32 - Article 71  
The specialized agency in charge of copyright matters  shall void 
approval for a compulsory license obtained in accordance with the 
provisions of Article 69 if the application is found to contain 
misrepresentations.  
The specialized agency shall void approval for a compulsory 
license obtained in accordance with the provisions of Article 69 if the 
work is not exploited in the manner approved by the specialized 
agency.  
Article 7 2 
(deleted)  
Article 73  
(deleted)  
Article 74  
(deleted)  
Article 75  
(deleted)  
Article 76  
(deleted)  
Article 77  
(deleted)  
Article 78  
(deleted)  
Chapter IV    Plate Rights  
Article 79  Copyright Act  
 - 33 - For a literary or artistic work that has no economic rights or for 
which the economic rights have been extinguished, a plate maker 
who arranges and prints the said literary work, or in the case of an 
artistic  work, a plate maker who photocopies, prints, or uses a similar 
method of reproduction and first publishes such reproduction based 
on such original artistic work, and duly records it in accordance with 
this Act, shall have the exclusive right to photocopy,  print, or use 
similar methods of reproduction based on the plate.  
The rights of the plate maker shall subsist for ten years from the 
time the plate is completed.  
The last day of the term of protection referred to in the 
preceding paragraph shall be the la st day of the last year of such term.  
Assignment or placement in trust of plate rights shall not be 
effective against third parties unless it has been recorded.  
The regulations governing recordation of plate rights, 
recordation of assignment, recordation of trust, and other requisite 
matters shall be prescribed by the competent authority.  
Article 80  
The provisions of Article 42 and Article 43 concerning the 
extinguishment of economic rights, and the provisions of Articles 44 
through 48, Article 49, Article  51, Article 52, Article 54, Article 64, 
and Article 65 concerning limitations on economic rights, shall apply 
mutatis mutandis to plate rights.  
Chapter IVbis   Electronic Rights Management Information and 
Technological Protection Measures  
Article 80bis  
Electronic rights management information made by a copyright 
owner shall not be removed or altered; provided, this shall not apply Copyright Act &  Related Laws  
 - 34 - in any of the following circumstances:  
1.Where removal or alteration of electronic rights management 
information of the work i s unavoidable in the lawful exploitation 
of the work given technological limitations at the time of the act.  
2.Where the removal or alteration is technically necessary to 
conversion of a recording or transmission system.  
Whoever knows that electronic righ ts management information 
of a work has been unlawfully removed or altered shall not distribute 
or, with intent to distribute, import or possess the original or any copy 
of such work. He/She also shall not publicly broadcast, publicly 
perform, nor publicly  transmit [the same].  
Article 80ter  
Technological protection measures employed by copyright 
owners to prohibit or restrict others from accessing works shall not, 
without legal authorization, be disarmed, destroyed, or by any other 
means circumvented.   
Any equipment, device, component, technology or information 
for disarming, destroying, or circumventing technological protection 
measures shall not, without legal authorization, be manufactured, 
imported, offered to the public for use, or offered in services to the 
public.  
The provisions of the preceding two paragraphs shall not apply 
in the following circumstances:  
1.Where to preserve national security.  
2.Where done by central or local government agencies.  
3.Where done by file archive institutions, educati onal institutions, 
or public libraries to assess whether to obtain the information.  Copyright Act  
 - 35 - 4.Where to protect minors.  
5.Where to protect personal data.  
6.Where to perform security testing of computers or networks.  
7.Where to conduct encryption research.  
8.Where  to conduct reverse engineering.  
9.Where to exploit works of others in accordance with the 
provisions of Articles 44 through 63 and Article 65.  
10.Under other circumstances specified by the competent authority.  
The content in the subparagraphs of the preceding paragraph 
shall be prescribed and periodically reviewed by the competent 
authority.  
Chapter V Copyright Collective Management Organizations and 
Copyright Review and Mediation Committees  
Article 81  
Economic rights holders may, with the approval of  the 
specialized agency in charge of copyright matters, establish copyright 
collective management organizations for the purpose of exercising 
rights or for collecting and distributing compensation for use.  
Exclusive licensees may also join copyright collec tive 
management organizations.  
The approval for establishment and the organization and 
capacities of the organizations referred to in paragraph 1, as well as 
the supervision and guidance thereof, shall be otherwise provided for 
by act.  
Article 82  Copyright Act &  Related Laws  
 - 36 - The speci alized agency in charge of copyright matters shall 
establish a Copyright Review and Mediation Committee to handle the 
following matters:  
1.Examination of rates of compensation for use under the 
provisions of paragraph 4 of Article 47.  
2.Mediation of disput es between copyright collective management 
organizations and users concerning compensation for use.  
3.Mediation of disputes concerning copyright or plate rights.  
4.Other consultation in connection with copyright examination and 
mediation.  
Dispute mediation  referred to in subparagraph 3 of the preceding 
paragraph, when involving criminal matters, shall be limited to cases 
actionable only upon complaint.  
Article 82bis  
Within seven days of the date of the conclusion of a mediation 
settlement, the specialized a gency in charge of copyright matters 
shall submit the written mediation settlement statement for review by 
the court of jurisdiction.  
The court shall review the written mediation settlement 
statement referred to in the preceding paragraph with due dispatch . 
Unless it is contrary to act or regulation, public order, or good morals, 
or compulsory execution would be impossible, the judge shall sign 
[copies] thereof and affix the seal of the court thereto, and shall 
return the mediation settlement statement to t he specialized agency in 
charge of copyright matters for service to the parties, retaining one 
copy for its own records.  
Where the court decides not to ratify a mediation settlement 
statement, it shall notify the specialized agency in charge of Copyright Act  
 - 37 - copyright m atters of the reasons.  
Article 82ter  
After a mediation settlement has been ratified by a court, the 
parties shall not initiate any further public or private prosecution or 
action with respect to the mediated matter.  
A civil mediation settlement ratified by a court as referred to in 
the preceding paragraph shall have the same force as a final and 
unappealable court judgment in a civil case. With respect to a 
criminal mediation settlement that has been ratified by a court, where 
the subject matter is paymen t of a certain amount of money, or other 
substitute therefore, or securities, the written mediation settlement 
statement shall constitute a writ of execution.  
Article 82quater  
Where a civil mediation settlement has been concluded, and 
then ratified by a co urt while the civil action is under litigation, and 
where no final and unappealable court judgment has yet been 
obtained, the civil action shall be deemed withdrawn as of the date of 
the conclusion of the mediation settlement.  
Where a criminal mediation se ttlement has been concluded, and 
then ratified by a court while the criminal case is in the investigation 
stage or before the conclusion of arguments in the trial of first 
instance, and where the parties have agreed to withdraw the case, the 
complaint or p rivate prosecution shall be deemed withdrawn as of the 
date of the conclusion of the mediation settlement.  
Article 82quinquies  
Should there exist any ground for invalidation or voidance of a 
civil mediation settlement after ratification by a court, the p arties may 
file an action with the original ratifying court to invalidate or void the Copyright Act &  Related Laws  
 - 38 - mediation settlement.  
The action referred to in the preceding paragraph shall be 
initiated by the parties within 30 days of service of the written 
mediation settlement s tatement ratified by the court.  
Article 83  
The organic charter for the Copyright Examination and 
Mediation Committee referred to in Article 82, and the regulations 
concerning dispute mediation, shall be drafted by the competent 
authority and promulgated af ter review and approval by the 
Executive Yuan.  
Chapter VI   Remedies for Infringement of Rights  
Article 84  
The copyright holder or the plate rights holder may demand 
removal of infringement of its rights. Where there is likelihood of 
infringement, a demand  may be made to prevent such infringe - 
ment.  
Article 85  
A person who infringes on the moral rights of an author shall be 
liable for damages. In the event of non -pecuniary injury, the injured 
party may claim a commensurate amount of compensation.  
In infringement matters referred to in the preceding paragraph 
the injured party may demand indication of the author's name or 
appellation, correction of content, or adoption other appropriate 
measures necessary for the restoration of its reputation.  
Article 86 
After the death of the author, unless otherwise specified by a Copyright Act  
 - 39 - will, the following persons, in the order indicated, shall be entitled to 
request remedies in accordance with Article 84 and the second 
paragraph of the preceding article for actual or likel y violations of 
Article 18:  
1.Spouses  
2.Children  
3.Parents  
4.Grandchildren  
5.Brothers and sisters  
6.Grandparents  
Article 87  
Any of the following circumstances, except as otherwise 
provided under this Act, shall be deemed an infringement of 
copyright or pla te rights:  
1.To exploit a work by means of infringing on the reputation of the 
author.  
2.Distribution of articles that are known to infringe on plate rights, 
or public display or possession of such articles with the intent to 
distribute.  
3.Import of any co pies reproduced without the authorization of the 
economic rights holder or the plate rights holder.  
4.Import of the original or any copies of a work legally reproduced 
abroad without the authorization of the economic rights holder.  
5.Exploitation for busin ess purposes of a copy of a computer 
program that infringes on economic rights in such computer 
program.  Copyright Act &  Related Laws  
 - 40 - 6.Distribution, by any means other than transfer of ownership or 
rental, articles that are known to infringe on economic rights; or 
public display or possession, with the intent to distribute, of 
articles that are known to infringe on economic rights.  
7.To provide to the public computer programs or other technology 
that can be used to publicly transmit or reproduce works, with the 
intent to allow the pu blic to infringe economic rights by means of 
public transmission or reproduction by means of the Internet of 
the works of another, without the consent of or a license from the 
economic rights holder, and to receive benefit therefrom.  
8.Knowing that the wor ks broadcast or transmitted publicly by 
another person infringe economic rights, with the intent to 
provide the public to access such works by the Internet, acting as 
follows, and to receive benefit therefrom:  
(1)To provide the public with computer progra ms which have 
aggregated the Internet Protocol Addresses of such works.  
(2)To direct, assist or preset paths to the public for using computer 
programs in the preceding item.  
(3)To manufacture, import or sell equipment or devices preloaded 
with the computer programs of the first item.  
A person who undertakes the actions set out in subparagraphs 7 
or 8 above shall be deemed to have "intent" pursuant to that 
subparagraph when the advertising or other active measures 
employed by the person instigates, s olicits, incites, or persuades the 
public to use.  
Article 87bis  
The provisions of subparagraph 4 of the preceding article do not 
apply under any of the following circumstances:  Copyright Act  
 - 41 - 1.Where the original or copies of a work are imported for the use of 
central or  local government agencies; provided, this does not 
apply to import for use in schools or other educational institutions, 
or to the import of any audiovisual work for purposes other than 
archival use.  
2.Where the original or a specified number of copies of  any 
audiovisual works are imported in order to supply such works to 
nonprofit scholarly, educational, or religious organizations for 
archival purposes, or where an original or specified number of 
copies of works other than audiovisual works are imported f or 
library lending or archival purposes, provided that such copies are 
used in compliance with the provisions of Article 48.  
3.Where the original or a specified number of copies of a work are 
imported for the private use of the importer, not for distributi on, 
or where such import occurs because the original or copies form 
part of the personal baggage of a person arriving from outside the 
territory.  
4.For the purpose of exclusive use by the visually impaired, 
learning disabled, hearing impaired or other pers ons with a 
perceptual disability, local or central government agencies, non -
profit organizations and all levels of legally established schools 
may import copies reproduced by means of translation, Braille, 
sound -recording, digital transformation, verbal im agery, 
accompanying sign language or otherwise, provided that such 
copies are used in compliance with the provisions of Articles 53.  
5.Where the original or copies of a work incorporated into any 
legally imported goods, machinery, or equipment are imported  in 
conjunction with the import of such items. Such original or copies 
of the work shall not be reproduced during the use or operation of 
the goods, machinery or equipment.  Copyright Act &  Related Laws  
 - 42 - 6.Where a user's manual or operating manual accompanying any 
legally imported goods , machinery, or equipment is imported; 
provided, this does not apply where the user's manual or 
operating manual are the principal objects of the importation.  
The "specified number" set forth in subparagraphs 2 and 3 of the 
preceding paragraph shall be pre scribed by the competent authority.  
Article 88  
A person who unlawfully infringes on another person's 
economic rights or plate rights out of intention or negligence shall be 
liable for damages. Where multiple persons engage in unlawful 
infringement, they sh all bear joint and several liability for damages.  
With regard to the damages referred to in the preceding 
paragraph, the injured party may make claim in any of the following 
manners:  
1.In accordance with the provisions of Article 216 of the Civil Code; 
provided, when the injured party is unable to prove damages, it 
may base the damages on the difference between the amount of 
expected benefit from the exercise of such rights under normal 
circumstances and the amount of benefit from the exercise of the 
same rights after the infringement.  
2.Based on the amount of benefit obtained by the infringer on 
account of the infringing activity; provided, where the infringer is 
unable to establish costs or necessary expenses [of the infringing 
act or articles], the total  revenue derived from the infringement 
shall be deemed to be its benefit.  
If it is difficult for the injured party to prove actual damages in 
accordance with the provisions of the preceding paragraph, it may 
request that the court, based on the seriousness  of the matter, set 
compensation at an amount of not less than ten thousand and not Copyright Act  
 - 43 - more than one million New Taiwan Dollars. If the damaging activity 
was intentional and the matter serious, the compensation may be 
increased to five million New Taiwan Doll ars. 
Article 88bis  
Where claim is made pursuant to Article 84 or paragraph 1 of 
the preceding Article, the injured party may request the destruction or 
other necessary disposition of goods produced as a result of the 
infringing act, or of articles used predominantly for the commission 
of infringing acts.  
Article 89  
The injured party may demand that the infringer, at its own 
expense, publish in a newspaper or magazine all or part of a 
judgment concerning said infringement.  
Article 89bis  
The right to claim  damages as specified in Articles 85 and 88 
shall be extinguished if not exercised within two years from the time 
the person having the right to make claim learns of its right to claim 
damages and knows the identity of the obligor, or within ten years of 
the occurrence of the infringement.  
Article 90  
Each holder of copyrights in a joint work may, pursuant to the 
provisions of this chapter, separately demand remedies from the 
infringer, and may also claim damages based on its share of copyright 
ownership.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis to joint holders of economic rights and plate rights that 
arise out of other relationships.  Copyright Act &  Related Laws  
 - 44 - Article 90bis  
A copyright holder or plate rights holder may apply to the 
customs authorities to  suspend the release of import or export goods 
that infringe on their copyright or plate rights.  
The application referred to in the preceding paragraph shall be 
filed in writing, shall state the facts of the infringement, and shall 
include a bond in an amo unt equivalent to the import customs value 
or the export FOB value of the goods, as assessed by customs, to 
serve as a security to offset the loss suffered by the party whose 
goods are subject to attachment.  
Customs shall immediately inform the applicant w hen 
processing an application to suspend the release of goods. Where 
Customs determines that the conditions in the preceding paragraph 
have been met and issues an attachment order, it shall give written 
notification to the applicant and to the party whose goods are 
attached.  
The applicant or the party whose goods are attached may apply 
to the customs authorities for permission to inspect the attached 
goods.  
Attached goods shall be confiscated by the customs authorities 
where the applicant has obtained a fin al and unappealable civil 
judgment determining that the goods infringe on copyright or plate 
rights. The owner of the attached goods shall be held liable for such 
costs as container demurrage, warehousing, loading, unloading, as 
well as for expenses connec ted with destruction of the goods.  
If the expenses connected with destruction of the goods referred 
to in the preceding paragraph are not paid within the period 
prescribed by customs authorities, the claim shall be enforced 
through compulsory execution.  Copyright Act  
 - 45 - In any of the following circumstances, an attachment order shall 
be rescinded by the customs authorities and the attached goods shall 
be processed in accordance with applicable import and export 
regulations; in addition, the applicant shall compensate the pa rty 
whose goods were attached for damage incurred on account of the 
attachment:  
1.The attached goods have been determined to be non -infringing of 
copyright or plate rights by a final and unappealable court 
judgment.  
2.Within twelve days of the date on whic h the applicant is informed 
of the attachment, the customs authorities have not received 
notification from the applicant indicating that it has initiated 
litigation proceedings alleging that the attached goods are in 
infringement.  
3.The applicant applies t o rescind the attachment.  
The period referred to in subparagraph 2 of the preceding 
paragraph may be extended by another twelve days if customs 
authorities deem it necessary.  
Customs authorities shall return the bond upon the applicant's 
request in any of  the following circumstances:  
1.There is no need to continue posting the bond either because the 
applicant has obtained a final and unappealable judgment in its 
favor or because the applicant has reached a settlement with the 
party whose goods were attache d. 
2.The attachment order has been rescinded and the applicant can 
prove that at least the required twenty days have elapsed since the 
applicant notified the party whose goods are subject to the 
suspension of release to exercise its rights and such party h as 
failed to exercise its rights.  Copyright Act &  Related Laws  
 - 46 - 3.The party whose goods were attached agrees to the return.  
A person whose goods have been attached shall have the same 
rights as a pledgee with respect to the bond referred to in the second 
paragraph of this article.  
When  the customs authorities, in the course of executing their 
duties, discover import/export goods that in appearance are obviously 
suspect of copyright infringement, they may within one business day 
notify the rights holder and notify the importer/exporter t o produce 
authorization materials. After receiving notice, the rights holder shall 
proceed to customs within four hours for air export goods and within 
one business day for air import goods and sea import/export goods to 
assist with verification. Where the  rights holder is unknown or cannot 
be notified, or the rights holder fails to proceed to customs within the 
time limit as notified to assist with verification, or the rights holder 
determines that the goods in question are not infringing, and if there 
is no violation of other customs clearance regulations, customs shall 
release the goods forthwith.  
Where the goods are determined to be suspected infringing 
goods, customs shall take measures to suspend the release of the 
goods.  
If within three business days after customs has taken measures 
to suspend the release of the goods the rights holder has not applied 
to customs for attachment under paragraphs 1 to 10, or has not 
initiated civil or criminal litigation procedure to protect the rights, 
and if there is no  violation of other customs clearance regulations, 
customs shall release the goods forthwith.  
Article 90ter  
The implementing regulations for the preceding article shall be 
prescribed by the competent authority in consultations with the 
Ministry of Finance.  Copyright Act  
 - 47 - Article 90quater  
Whoever violates any provision of Article 80bis or Article 80ter, 
thereby causing damage to the copyright owner, shall be liable for 
damages. If there are multiple violators, they shall bear joint and 
several liability for damages.  
The pr ovisions of Article 84, Article 88bis, Article 89bis, and 
Article 90bis shall apply mutatis mutandis to violations of Article 
80bis or Article 80ter.  
Chapter VI -1 Limitations on Liability for Internet Service 
Providers  
Article 90quinquies  
An Internet service provider shall be entitled to the application 
of Article 90sexies to Article 90novies regarding the limitation on 
liability  only if the service provider — 
1. by contract, electronic transmission, automatic detective system 
or other means, informs u sers of its copyright or plate right 
protection policy, and takes concrete action to implement it; and  
2. by contract, electronic transmission, automatic detective system 
or other means, informs users that in the event of repeat alleged 
infringements up to  three times the service provider shall 
terminate the service in whole or in part; and  
3. publicly announces information regarding its contact window for 
receipt of notification documents.  
4. accommodate and implement the technical measure described in 
paragraph 3.  
A connection service provider that, after receiving notification 
by a copyright holder or plate rights holder of alleged infringement Copyright Act &  Related Laws  
 - 48 - by a user, has forwarded the notification to that particular user by 
electronic mail is deemed to have met the r equirement in the 
preceding paragraph, subparagraph 1.  
If a copyright holder or plate rights holder has provided 
technical measures which have been developed based on a broad 
consensus and are used to identify or protect copyrighted or plate -
righted works,  the Internet service provider shall accommodate and 
implement the measures if the technical measures has been ratified 
by the competent authority.  
Article 90sexies  
A connection service provider shall not be liable for damages for 
infringement of the copyright or plate rights of another by a user of 
its service if — 
1. the transmission of the information was initiated by or at the 
request of the user; and  
2. the transmission, routing, provision of connections, or storage is 
carried out through an automa tic technical process, without any 
selection of the material or modification of its content by the 
connection service provider.  
Article 90septies  
A caching service provider shall not be liable for damages for 
infringement of the copyright or plate rights o f another by a user of 
its service if — 
1.the service provider does not make any modification to the 
cached information ； 
2.when the person who made the original information available 
subsequently update, deletes, or blocks access to it, the cached 
informati on is done in the same way as a result of an automatic Copyright Act  
 - 49 - technical process; and  
3.the service provider responds expeditiously to remove, or disable 
access to, the allegedly infringing content or related information 
upon notification by a copyright holder or plate rights holder of 
the alleged infringement by the user of the service provider.  
Article 90octies  
An information storage service provider shall not be liable for 
damages for infringement of the copyright or plate rights of another 
by a user of its ser vice if the service provider —  
1.does not have knowledge of the allegedly infringing activity of 
the user;  
2.does not receive a financial benefit directly attributable to the 
infringing activity of the user; and  
3.responds expeditiously to remove, or disab le access to, the 
allegedly infringing content or related information upon 
notification by a copyright holder or plate rights holder of the 
alleged infringement by the user of the service provider.  
Article 90novies  
A search service provider shall not be li able for damages for 
infringement of the copyright or plate rights of another by a user of 
its service if the service provider — 
1.does not have knowledge that the searched or linked information 
may be infringing;  
2.does not receive a financial benefit dire ctly attributable to the 
infringing activity of the user; and  
3.responds expeditiously to remove, or disable access to, the Copyright Act &  Related Laws  
 - 50 - allegedly infringing content or related information upon 
notification by a copyright holder or plate rights holder of the 
alleged i nfringement by the user of the service provider.  
Article 90decies  
An information storage service provider shall forward notice to 
the allegedly infringing user of any measures taken under Article 
90octies, subparagraph 3, by the contact method stipulated b etween 
the service provider and the user or by the contact information left by 
the user. However, this requirement shall not apply if the nature of 
the service provided makes such notice impossible.  
If a user referred to in the preceding paragraph believe s that the 
materials were not involved in infringement, the user may submit 
counter notification documents to the information storage service 
provider with a request to restore the removed content or related 
information or restore the access to it.  
Upon re ceipt of a counter notification described in the preceding 
paragraph, an information storage service provider shall 
expeditiously forward such documents to the copyright holder or 
plate rights holder.  
If, within 10 business days since one day after the dat e of 
receiving counter notification from the information storage service 
provider as described in the preceding paragraph, the copyright 
holder or plate rights holder provides the information storage service 
provider with evidence regarding filing civil or  criminal litigation 
against the user, the information storage service provider shall not 
bear any obligation to restore the content or related information.  
If the copyright holder or plate rights holder fails to provide 
evidence on filing litigation in accordance with the preceding 
paragraph, the information storage service provider shall, within no 
more than 14 business days since one day after the date of forwarding Copyright Act  
 - 51 - the counter -notification documents, restore the removed content or 
related information or restore the access to it. However, if restoration 
is impossible, the service provider shall notify the user in advance, or 
provide another appropriate method by which the user may restore it.  
Article 90undecies  
An Internet service provider shall not be liable for damages to 
the allegedly infringing user if the service provider —  
1.removes, or disables access to, the allegedly infringing content or 
related information in accordance with Articles 90septies to 
90novies; or  
2.upon obtaining knowledge of susp ected infringement by the user, 
acts in good faith belief to remove, or disable access to, the 
allegedly infringing content or related information.  
Article 90duodecies  
A person who misrepresents an Internet service provider with a 
notification or counter n otification out of intention or negligence 
shall be liable for damages for any injury incurred on the user, 
copyright holder, plate right holder or Internet Service Provider.  
Article 90terdecies  
The information in connection with the public announcement of  
the contact window under Article 90quinquies, and the content of the 
notification and counter notification, required particulars, 
supplementation or correction, and other requisite matters under 
Articles 90septies through 90decies shall be prescribe by th e 
competent authority.  
Chapter VII     Penal Provisions  
Article 91  Copyright Act &  Related Laws  
 - 52 - A person who infringes on the economic rights of another 
person by means of reproducing the work without authorization shall 
be punished by imprisonment for not more than three years, detention, 
or in lieu thereof or in addition thereto a fine not more than seven 
hundred and fifty thousand New Taiwan Dollars.  
A person who infringes on the economic rights of another 
person by means of reproducing the work without authorization with 
the intent to sell or rent shall be imprisoned not less than six months 
and not more than five years, and in addition thereto, may be fined 
not less than two hundred thousand and not more than two million 
New Taiwan Dollars.  
A person who commits the offense in the preceding paragraph 
by means of reproducing onto an optical disk shall be imprisoned not 
less than six months and not more than five years, and in addition 
thereto, may be fined not less than five hundred thousand and not 
more than five million New Tai wan Dollars.  
A work only for personal reference or fair use of a work does 
not constitute infringement of copyright.  
Article 91bis  
A person who infringes on the economic rights of another 
person by distributing the original of a work or a copy thereof by 
transfer of ownership without authorization shall be punished by 
imprisonment for not more than three years, detention, or in lieu 
thereof or in addition thereto, a fine not more than five hundred 
thousand New Taiwan Dollars.  
A person who distributes or wit h intent to distribute publicly 
displays or possesses a copy knowing that it infringes on economic 
rights shall be imprisoned not more than three years and, in addition 
thereto, may be fined not less than seventy thousand and not more 
than seven hundred an d fifty thousand New Taiwan Dollars.   Copyright Act  
 - 53 - A person who commits the offense in the preceding paragraph 
and the infringing copy is optical disk shall be imprisoned not less 
than six months and not more than three years and, in addition thereto, 
may be fined not  less than two hundred thousand and not more than 
two million New Taiwan Dollars; provided, this shall not apply to 
optical disks imported in violation of subparagraph 4 of Article 87.  
Punishment of an offense in the preceding two paragraphs may 
be reduced  if the offender confesses the source of the goods, resulting 
in the uncovering thereof.  
Article 92  
A person who infringes on the economic rights of another 
person without authorization by means of public recitation, public 
broadcast, public presentation, public performance, public 
transmission, public display, adaptation, compilation, or leasing, shall 
be punished by imprisonment for not more than three years, detention, 
or in lieu thereof or in addition thereto a fine not more than seven 
hundred and fifty  thousand New Taiwan Dollars.  
Article 93  
In any of the following circumstances, a sentence of up to two 
years imprisonment or detention shall be imposed, or in lieu thereof 
or in addition thereto, a fine of not more than five hundred thousand 
New Taiwan D ollars:  
1.Infringement of the author's moral rights as set forth in the 
provisions of articles 15 through 17.  
2.Violations of the provisions of Article 70.  
3.Infringement of another person's copyright by any of the means 
specified in paragraph 1, subparagr aphs 1, 3, 5, or 6 of Article 87, 
provided this shall not apply to offenses as referred to in Copyright Act &  Related Laws  
 - 54 - paragraph 2 or paragraph 3 of Article 91bis.  
4.Violations of subparagraphs 7 or 8 of paragraph 1 of Article 87.  
Article 94  
(deleted)  
Article 95  
A person who viola tes any provision of Article 112 shall be 
punished by imprisonment for not more than one year, detention, or, 
in lieu thereof or in addition thereto, a fine of not less than twenty 
thousand and not more than two hundred and fifty thousand New 
Taiwan Dollar s. 
Article 96  
A fine of up to fifty thousand New Taiwan Dollars shall be 
imposed for violations of the provisions of the second paragraph of 
Article 59 or the provisions of Article 64.  
Article 96bis  
In any of the following circumstances a sentence of up to  one 
year imprisonment or detention shall be imposed, or in lieu thereof or 
in addition thereto, a fine of not less than twenty thousand and not 
more than two hundred and fifty thousand New Taiwan Dollars:  
1.Violation of Article 80bis.  
2.Violation of parag raph 2 of Article 80ter.  
Article 96ter  
If a fine is to be imposed pursuant to the provisions of this 
Chapter, the financial ability of the offender and the benefit he/she 
has obtained through commission of the offense shall be taken into 
account. If the be nefit obtained exceeds the maximum fine, such fine Copyright Act  
 - 55 - may be increased within the limit of the obtained benefit.  
Article 97  
(deleted)  
Article 97 -1 
When an enterprise, by means of public transmission, violates 
the provisions of Article 91, Article 92, or Artic le 93, subparagraph 4 
and is convicted by a court, it shall immediately cease such activities. 
If the enterprise does not cease those activities, then following the 
convening by the competent authority of a group of specialists, 
academicians, and related e nterprises who determine that the 
enterprise's activities constitute a serious infringement and that they 
materially affect the rights and interests of the economic rights holder, 
the competent authority shall prescribe a period of one month within 
which t he enterprise shall take corrective action; where the enterprise 
fails to take corrective action within that period, the competent 
authority may order suspension or compulsory termination of the 
enterprise's business.  
Article 98  
In an offense set forth in paragraph 3 of Article 91 or paragraph 
3 of Article 91bis, an article used in the commission of the offense, or 
in preparation for the commission of the offense, or an article derived 
from the commission of the offense, may be confiscated, regardless 
of wh ether it belongs to the offender.   
Article 98bis  
An article used in the commission of an offense or acquired 
through the commission of an offense set forth in paragraph 3, Article 
91, or paragraph 3, Article 91bis, may be confiscated by the judiciary 
police if the offender escapes and is therefore unidentifiable.  Copyright Act &  Related Laws  
 - 56 - The article confiscated pursuant to the preceding paragraph shall 
be destroyed, provided that where the confiscated article is money, 
that money shall be submitted to the national treasury. Th e relevant 
provisions of the Act for the Maintenance of Social Order shall apply 
mutatis mutandis to the procedures of the aforementioned destruction 
and submission.   
Article 99  
Upon motion by the injured party or another party having the 
right to file a complaint, an infringer as set out in Articles 91 through 
Articles 93, Articles 95 may be ordered to publish all or part of the 
court judgment in a newspaper and bear the costs thereof.  
Article 100  
The offenses specified in this chapter are actionable onl y upon 
complaint; provided, this shall not apply to offenses specified in 
paragraph 3 of Article 91 and paragraph 3 of Article 91bis.  
Article 101  
Where the representative of a juristic person, or the agent, 
employee, or other servant of a juristic or natur al person commits any 
of the offenses specified in Articles 91 through Article 93, Article 95 
through 96bis in the performance of its duties, in addition to 
punishing the infringer in accordance with the aforesaid articles, such 
juristic or natural person shall also be fined in accordance with said 
articles.  
In circumstances specified in the preceding paragraph, where a 
complaint against the infringer or the juristic or natural person is filed 
or withdrawn, the effect of such filing or withdrawal shall appl y to 
the others.  
Article 102  Copyright Act  
 - 57 - An unrecognized foreign juristic person may file a complaint or 
bring a private prosecution against the offenses specified in Articles 
91 through Article 93, Article 95 through 96bis.  
Article 103  
Upon complaint or information  of an infringement of a person's 
copyright or plate rights, judicial police officials or judicial police 
may seize the infringing articles in accordance with law and refer the 
matter  for investigation . 
Article 104  
(deleted)  
Chapter VIII    Supplementary P rovisions  
Article 10 5 
Persons who apply under this Act for a compulsory license, 
recordation of plate rights, recordation of assignment of plate rights, 
recordation of trust of plate rights, dispute mediation, inspection of 
the register of plate rights , or issuance of a transcript thereof, shall 
pay a filing fee.  
The amount of the fee referred to in the preceding paragraph 
shall be prescribed by the competent authority.  
Article 106  
Except as otherwise provided for in this Chapter, this Act shall 
apply to w orks that were completed prior to the implementation date 
of the June 10, 1992 amendment to this Act where such works 
comply with any one of the provisions of Articles 106 through 109 of 
the Act prior to the January 21, 1998 Copyright Act taking effect.  
This Act shall apply to works that were completed after the 
implementation date of the June 10, 1992 amendment to this Act.  Copyright Act &  Related Laws  
 - 58 - Article 106bis  
Except as otherwise provided under in this Chapter, this Act 
shall apply to works that were completed prior to the date  on which 
the World Trade Organization Agreement took effect in the territory 
under the jurisdiction of the Republic of China where such works did 
not enjoy copyright under the provisions of the respective versions of 
this Act but where the term of protect ion for economic rights has not 
expired in accordance with this Act; provided, this shall not apply to 
works of foreign nationals for which the term of protection has 
expired in their country of origin.  
The term "country of origin" as used in the proviso o f the 
preceding paragraph shall have the meaning ascribed to the term in 
Article 5 of the Berne Convention for the Protection of Literary and 
Artistic Works (Paris Act 1971).  
Article 106ter  
Except as otherwise provided for in this Chapter, a person who 
began the exploitation of works protected pursuant to the provisions 
of the preceding article prior to the date on which the World Trade 
Organization Agreement took effect in the territory under the 
jurisdiction of the Republic of China, or who made significa nt 
investment toward the purpose of such exploitation, may continue to 
exploit such works during the two -year period which commences on 
the aforementioned effective date of said Agreement, and the 
provisions of Chapter VI and Chapter VII of this Act shall not apply.  
From the implementation of the June 6, 2003 amendment to this 
Act, the person exploiting a work pursuant to the preceding 
paragraph, except in circumstances of rental or lending, shall pay to 
the economic rights holder of the exploited work a re asonable 
compensation for the exploitation such as would normally be paid for 
such work through free negotiation.  Copyright Act  
 - 59 - From one year after the date of promulgation of the amendment 
to this Act, an exploiter shall not further sell unauthorized copies of 
works pr otected under the preceding article; provided, it may still 
rent or lend them.  
The preceding paragraph does not apply to copies of works that 
are separately created through exploitation of works protected under 
the preceding article; provided that, except as set forth in Articles 44 
to 65, the economic rights holder of the exploited work shall be paid 
a reasonable compensation for the exploitation such as would 
normally be paid for such work through free negotiation.  
Article 106quater  
Exploitation of a deri vative work may continue beyond the date 
on which the World Trade Organization Agreement took effect in the 
territory under the jurisdiction of the Republic of China, where the 
preexisting work upon which such derivative work is derived is a 
work under Art icle 106bis, where the completion of the derivative 
work occurred prior to the aforementioned effective date, and where 
such derivative work was protected under respective versions of this 
act; the provisions of Chapter VI and Chapter VII of this Act shall  not 
apply.  
From the implementation of the June 6, 2003 amendment to this 
Act, the person exploiting the derivative work pursuant to the 
preceding paragraph shall pay to the economic rights holder of the 
underlying work a reasonable compensation such as wo uld normally 
be paid for such work through free negotiation.  
The provisions of the preceding two paragraphs shall not affect 
the protection of the derivative work.  
Article 107  
(deleted)  Copyright Act &  Related Laws  
 - 60 - Article 108  
(deleted)  
Article 109  
(deleted)  
Article 110  
The provisions  of Article 13 shall not apply to works completed 
and registered prior to the implementation date of the June 10, 1992 
amendment to this Act.  
Article 111  
The provisions of Article 11 and Article 12 shall not apply in the 
following situations:  
1.The copyri ght was obtained pursuant to the provisions of Article 
10 or 11 of this Act prior to the implementation date of the June 
10, 1992 amendment to this Act.  
2.The copyright was obtained pursuant to Article 11 or 12 of this 
Act prior to the January 21, 1998 Cop yright Act taking effect.  
Article 112  
Where the works of foreign nationals enjoyed protection of 
translation rights pursuant to this Act prior to the implementation date 
of the June 10, 1992 amendment hereto, translations of such works 
made prior to said i mplementation date shall no longer be reproduced 
after said implementation date without the consent of the holder of 
the copyright to such works, unless such exploitation is in conformity 
with Articles 44 through Article 65 of this Act.  
Copies of translati ons of works referred to in the preceding 
paragraph shall no longer be sold after the expiration of the two -year 
period following the implementation date of the June 10, 1992 Copyright Act  
 - 61 - amendment to this Act.  
Article 113  
This Act shall apply to plate rights that were  obtained prior to 
the implementation date of the June 6, 2003 amendment to this Act; 
provided, the term of protection calculated pursuant to this Act has 
not expired.  
Article 114  
(deleted)  
Article 115  
Agreements for reciprocal copyright protection signed by 
organizations and agencies of this country and those of a foreign 
country shall, upon ratification by the Executive Yuan, be deemed 
"agreements" as that term is used in Article 4.  
Article 115bis  
The plate rights register or recordation log, and samples 
submitted, shall be made available to the public for inspection and 
copying.  
Any copyright register or recordation log that has been 
registered and recorded prior to the implementation date of the 
January 21, 1998 amendment to this Act, and any sample thereof that 
has been submitted, may be made available to the public for 
inspection and copying.  
Article 115ter  
For the purpose of handling copyright litigation, courts may 
establish a specialized court or appoint specialized judges.  
The courts shall deliver to the specialized agency in charge of Copyright Act &  Related Laws  
 - 62 - copyright matters a copy of decisions in copyright litigation cases.  
Article 116  
(deleted)  
Article 117  
This Act shall take effect from the date of promulgation, 
provided that the provisions of Articles 106bis through 106quater 
amended and promulgated on January 21, 1998 took effect from the 
date upon which the World Trade Organization Agreement took effect 
in the territory under the jurisdiction of the Republic of China, and 
the provisions amended on May 5, 200 6 took effect from July 1, 2006.