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PROTECTING YOUR IPR IN TAIWAN: A TOOLKIT
WELCOME
Thank you for visiting the American Institute in Taiwan (AIT) Intellectual Property Rights Online Toolkit. Fostering the development and enforcement of a robust Intellectual Property Rights (IPR) regime in Taiwan is a top priority for both AIT and U.S. businesses. AIT has encouraged and will continue to support the development of legislation and policies to combat piracy, counterfeiting, and other IPR infringements in Taiwan. When Taiwan joined the WTO in 2002, it made a commitment to comply with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). Over the past few years, Taiwan has come closer to reaching its goal of TRIPs compliance. Amendments to Taiwan's Copyright Law dictate stronger criminal sentences for counterfeiters and pirates, as well as stiffer penalties for destroying technical data protection measures. Patent and trademark filing systems have been simplified, and, most recently, Taiwan's Legislative Yuan (LY) passed bills to establish an IPR court and to introduce civil and criminal liability for unauthorized provision of technology capable of infringing on copyright, such as peer to peer (P2P) file sharing technology. AIT has actively supported these legislative developments, which reflect an increased awareness of the importance of intellectual property in Taiwan's own economy. Over the years, AIT has worked closely with Taiwan authorities, including the Ministries of Justice and Economic Affairs, to assist Taiwan to strengthen its IPR protection regime. To enhance Taiwan's ability to address shortcomings in IPR enforcement, AIT has sponsored relevant IPR training for judges, prosecutors, customs officials, and police officers. Guest speakers at AIT-sponsored workshops have included U.S. judges, prosecutors, and academic experts. AIT also sponsors academic and professional exchanges between U.S. and Taiwan IP authorities through the International Visitors Program, conferences, and in other venues. Both the United States and Taiwan recognize the strong link between Taiwan's future economic growth and the strength of its IPR protection regime. As a result of globalization and the increasing availability of low cost labor abroad, Taiwan's vibrant manufacturing sector moved significant production facilities overseas. In response, economic planners have placed a strong emphasis on translating the skills of Taiwan's highly educated population into engines for sustained growth in knowledge-based industries such as biotech, computer services, and communications technology. To create a business climate that is attractive to both local and foreign investors, it is Taiwan's interest to continue to enhance its ability to ensure rigorous IPR protection. This toolkit contains information that highlights the current challenges facing Taiwan's IPR regime as well as the resources and measures available to protect your IPR in Taiwan. We hope that you will find it a useful introduction to Taiwan's IPR policies. Last Updated: December, 2007
Disclaimer Links to websites outside the U.S. government or the use of trade, firm, or corporation names are provided for the convenience of the user. Such links and/or use do not constitute official endorsement or approval by the U.S. government of any private sector or non-U.S. government website, product, or service. The information provided above by no means constitutes legal advice and should not be a substitute for advice of counsel. Its intended purpose is to provide an overview of Taiwan's IPR environment, available enforcement mechanisms, and Taiwan offices sharing jurisdiction over IPR protection and enforcement. We recommend that U.S. companies seeking to do business in Taiwan or facing IPR infringement issues retain qualified U.S. and/or Taiwan legal counsel and pursue their rights through Taiwan's IPR enforcement regime. |
