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STLI Quarterly Newsletter 2020 NO.02, June

  On April 1, 2020, the Taiwan Central Epidemic Command Center (CECC) published the principles for the release of data on confirmed cases of COVID-19.

  1. According to Article 5 of the Freedom of Government Information Law, government information shall be made available to the public actively in accordance with the Law or provided as requested by any person.
  2. According to Article 7 of the Communicable Disease Control Act, the competent authorities shall conduct various investigations and implement effective preventive measures to control the occurrence of communicable diseases; when there are outbreaks or epidemics of communicable diseases, control them promptly to prevent further transmission.
  3. In accordance with the principles of Article 10 of the Communicable Disease Control Act, the names, medical records and medical history of patients with infectious diseases or suspected infectious diseases shall not be disclosed.

  However, according to Article 8(2) of the Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens, during the epidemic prevention period, the Commander of the CECC may, in order to prevent the spread of the disease, instruct personnel to record videos or photographs of the individual's violation, publish their personal data, or conduct other necessary disease prevention measures or actions.

  On May 28, The CECC released “guidelines for contact-information-based measures for COVID-19 to protect personal data and facilitate outbreak investigations”. In order to ensure personal data protection, proprietors of venues where customers’ personal data is collected must designate a person to be in charge of keeping a record of and maintaining personal data collected.

  The CECC explains that people should know when collecting personal data, the individual or the organization should clearly inform data subjects of the following:

  1. the entity to collect personal data
  2. purpose of collection: collected data can only be used at the request of health authorities for COVID-19 investigations
  3. types of personal data to be collected: collecting data should comply with the principle of least infringement, such as telephone numbers
  4. time period of using personal data: personal data should be kept confidential and deleted after 28 day
  5. entities to use personal data and ways of using personal data: the organization may , when necessary for the prevention of an epidemic spread, provide collected data to the competent health authority for epidemic investigation and contact in accordance with the Communicable Disease Control Act, and other regulations
  6. data subjects’ benefits and rights they can claim under the Personal Data Protection Act
  7. the effect of declining providing personal data: if declining providing personal data, data subjects may not enter the venue or participate in activities

  Considering the low risk of community transmission in Taiwan, the CECC prepares to loosen domestic regulations, including easing limits on crowd sizes for public events, as the nation continues its streak of no new local infections.


1.CECC announces guidelines for contact-information-based measures for COVID-19 to protect personal data and facilitate outbreak investigations, CECC, https://www.cdc.gov.tw/En/Bulletin/Detail/IIDyyLqebEgsqQTkb1dUxg?typeid=158 (last visited: 2020/6/9).
2.Virus Outbreak: Center unveils personal data gathering guidelines, Taipei Times, https://www.taipeitimes.com/News/taiwan/archives/2020/05/29/2003737248 (last visited: 2020/6/9).
3.The Freedom of Government Information Law, https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=I0020026(last visited: 2020/6/9).
4.Personal Data Protection Act, https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=I0050021 (last visited: 2020/6/9).
5.Communicable Disease Control Act, https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=L0050001(last visited: 2020/6/9).
6.Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens, https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=L0050039(last visited: 2020/6/9).


  The Executive Yuan approved a four-year action plan for 5G technology on May 10, 2019 This action plan will focus on develop all manner of 5G value though several approaches including deregulation,innovation,proof of concepts and forging connections.The plan has five pillars:

  1. Establish areas for testing vertical 5G applications: The public and private entities will corporate to set up the test sites across Taiwan and the government will relax the laws and regulations to expand the range and operational modes of applications that can be tested.
  2. Engineer an environment conducive to innovative 5G applications: Create a platform for cooperation across multiple industries and foster the talent proficient in 5G technology and applications through a full range of channels.
  3. Perfect core 5G technologies and cybersecurity: Unified unified national policy for 5G cybersecurity,devised the core techniques,together with the promotion of application technology integration and the establishment of the platform for enhancing and testing 5G capabilities.
  4. Plan for the release of 5G spectrum that will best serve overall interests:Planned out an encompassing 5G spectrum policy in accordance with industry requirements, market trends, and international developments.
  5. Adjust laws and regulations to create an environment beneficial to the development of 5G:The Telecommunications Management Act promulgated on June 26,2019.

  On December 05, 2019, Executive Yuan's Office of Science and Technology (OST) briefed on Taiwan's 5G spectrum policy and dedicated network development.After receiving the briefing by the OST,Premier Su Tseng-chang said that Taiwan should get an early jump on 5G technology and artificial intelligence (AI) as these industries of the future are being driven by society's needs.The Premier also mentioned that he National Communications Commission (NCC) will conducted the first round of 5G spectrum release for commercial use and the auctions will begin on December 10,2019 with the license release to be completed next January.


  On December 31, 2019, Taiwan’s Legislative Yuan passed the partial amendment to the Trade Secrets Act. This amendment introduces a confidentiality order for Investigation System, which will be available in criminal investigation proceedings to better safeguard trade secrets in dispute. The details are as follows.

  1. Article 14-1
  2.   A prosecutor investigating a trade secret case may, if he/she deems it necessary, issue an investigation confidentiality protective order to the suspects, the defendants, the victims, the complainants, the agents ad litem, the defense attorneys, expert witnesses, witnesses, or other associated persons having access to the investigation contents. Besides, the person(s) subject to the investigation confidentiality protective order must not engage in the following acts in respect of the investigation contents: 1. Usage for purposes other than the investigation procedures; and 2. Revealing contents to the person(s) not subject to the investigation confidentiality protective order.

  3. Article 14-2
  4.   An investigation confidentiality protective order shall be issued in writing or verbally and the trade secret owner (s) shall be afforded an opportunity to express opinions. Also, an investigation confidentiality protective order shall clearly record the following items: 1. The person(s) subject to such order; 2. The investigation contents that should be kept confidential; 3. The prohibited or restricted acts as stipulated in Paragraph 2 of the preceding article; and 4. The consequences of violating the order.

  5. Article 14-3
  6.   During the investigation, if the duty of confidentiality is extinguished or if it is necessary to amend the contents of the order, the prosecutor may ex officio cancel or amend his/her investigation confidentiality protective order.

  7. Article 14-4
  8.   A person violating an investigation confidentiality protective order shall be punished by imprisonment for up to three years, short-term imprisonment, and/or a fine of up to NT$1 million.

  In addition, non-Taiwanese trade secret owners would be accorded more complete protection. The reciprocity principle is stipulated in Article 15 of the Trade Secrets Law:A foreign national's trade secret(s) will not receive protection in the R.O.C., if the foreign national's home country does not conclude with the ROC an international treaty for protection of trade secret(s), or a treaty or an agreement for reciprocal protection of trade secret(s), or does not provide protection to the trade secrets owned by R.O.C. nationals.





  Disruptive Innovation, Co-Creation and Open Innovation are significant innovation theories in the field of management and technology innovation, but less study on these innovation theories practicing in R&D Regulation. This study reviewed the source and basic concepts of Disruptive Innovation, Co-Creation and Open Innovation theories. Further sort them into the “competition strategy” and “cooperation strategy” of technology R&D innovation. Disruptive Innovation as the competition strategy stimulates innovation; Co-Creation and Open Innovation as cooperation strategy integrate knowledge and R&D source. Taking the example of U.S. DARPA Disruptioneering Program and Japan Moonshot R&D Program, explain how the DARPA model - R&D regulations conducing to Disruptive Innovation.

Key Word
Disruption Innovation, Co-creation, Open Innovation, R&D Regulation, DARPA

< Source: Yen-Ju Fan, A Study of R&D Regulation Focusing on Disruptive Innovation & Co-Creation – A case of DARPA Model Vol. 31 No. 10 p.17~43 >



  The open patent is the practice of licensing patents for public use, and the one who wants to use the patent legally should be obliged to follow the license agreement in advance. There are more companies like TESLA、Toyota、Gogoro are committed to promoting innovation to further the overall growth and advancement of technology and believes that free or open patent is a very important tool for fostering innovation.

  However, can patent rights and open source be coexisted?By taking a protective approach to intellectual property, existing technologies are protected and prolonged, and innovators enjoy the chance to benefit financially from their inventions. This protective approach makes it more difficult for people to develop and adopt newer technologies.

  Besides, the open patent licensing system could be divided into two main divisions, voluntary open-licensing and legal open-licensing. There are some countries such as the United Kingdom, Federal Republic of Germany and People's Republic of China have the legal open-licensing patent law. This paper is trying to analyze the most suitable industry that could adopt the open patent licensing strategy as well as focusing on different legal systems, whether and how Taiwan should take in the open patent licensing system.

Key Word
Open Source, Sharing Economy, Patent Law, Open Patent, Open Licensing, Renewable Energy Transportation, R&D and Innovation

< Source: Sheu, Yu-Ning, R&D Results and Open Innovation―The Study of Open Patent Licensing Vol. 31 No. 11 p.49~70 >