Piracy Problems in China, Taiwan and Hong Kong

Piracy Problems in Taiwan


Current Ordinances
Since the first promulgation on May 14, 1928, the Copyright Law of Taiwan has since gone through several revisions. In response to the strong request on IPR protection by US, certain copyright-related legal reforms have been implemented in Taiwan recently (International Intellectual Property Alliance 2002 and Taiwan Intellectual Property Office Website):

Year Law Passed Significance
January 1998 117 Articles of Copyright Law amended and promulgated in full on 21 January 1998. US response was made in particular to the live performance and public broadcasting. Also, US commented that the transition provisions for the reciprocal relationship are far too broad and the period is far too long.

November 2001

Amendment of Copyright Law: Articles 2, 34, 37, 71, 81, 82, and 90bis

Such amendment is to provide a TRIPS-Compatible term of protection needed for Taiwan to join the WTO.

November 2001

Optical Media Management Statute (2001) ("OD Law")

This statute is to control the serious piracy activities through the control of the production of optical media. However, US does not satisfy with Taiwan government's weak permit requirements as to "blank" media, and its refusal to require permits to produce stampers/masters. In addition, the OD Law fails to cover persons/entities that engage in the unauthorized "burning" (or "manipulation") of recordable, writable and rewritable optical media. Lastly, this law increases in 'transition' periods allowed existing plants either to file an application for a permit or to file a report as to already-allocated identification codes to six months which further weaken the transition provisions for implementation of this Law.

From the above responses, we see large gaps that need to be filled on piracy between Taiwan and US.
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