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STLI Quarterly Newsletter 2020 NO.03, Sep
LATEST LEGAL NEWS
TAIWAN’S AEROSPACE TECHNOLOGY DEVELOP STRATEGIES

  Since SpaceX launched Starlink Satellite Internet Service beta test, low orbit communication satellite now formally joins into the playground of communication. According to the report of Allied Market Research Company, global small satellite market growth was valued at $3632 million in 2018 and was expected to reach $15686 million by 2026.

  To promote Taiwan’s space industry, and get into the global satellite supply chain, President Tsai Ing-wen announced that Taiwan is going to develop space industries at the President Inauguration ceremony on May 20.

  "We are going to develop national defense and strategic industries by integrating military and civilian capabilities. In addition to domestically-produced naval vessel and aircraft programs that are currently underway, we will push harder to promote technological integration between the military and the private sector, to stimulate private sector production capabilities, and to advance into the aviation and space industries" she said.

  Before President Tasi made the announcement, Taiwan Executive Yuan had already approved the third phase Long-term National Space Technology Development Program in 2018. The program will be carried out from 2019 to 2028, and an estimated NT$25.1 billion (US$833.8 million) will be invested throughout a decade to support domestic space technology into a new era. Furthermore, the program also aims to spread and extend the benefits of the space technology industry, and build Taiwan’s space industry supply chain.

  There are three phases of Taiwan’s National Space Technology Development Program e. First phase (1991-2006) began with fostering talents and skills that are needed to construct the foundation of Taiwan’s space technology and the completion of FORMOSAT-1, 2 and, 3 missions. FORMOSAT-3 is Taiwan’s first weather satellite which combines six micro-satellites to deliver remote sensing and conduct scientific experiments.

  The second phase of National Space Technology Development Program (2004-2018) was largely dedicated to the FORMOSAT-5 and 7 developing programs. FORMOSAT-5 is Taiwan’s first domestically developed and produced high-resolution remote-sensing satellite.

  The third phase National Space Technology Development began in 2019 and will be ended in 2028. The program plans to launch one satellite per year to serve as tools of communication, national security and environmental monitoring, and also includes a subprogram for developing small satellites which usually is called “CubeSat”.

  CubeSat is a type of miniaturized satellite for space that is made up of 10 cm × 10 cm × 10 cm cubic units. The weight, manufacturing cost, and launching cost of CubeSat are lower than traditional satellites, thus make it more affordable to many private entities.

  Director of Taiwan National Space Organization Jun-Liang Lin pointed out that CubeSat one worthy option for Taiwan to develop. Compare to big countries, such as US and China, Taiwan is a lack of resources to invest in space technology. However, Taiwan can take advantage of highly advanced electronic components and precision machinery industries to make Taiwan’s way of developing CubeSat, he said.

Reference:

  1. Small Satellite Market Global Opportunity Analysis and Industry Forecast 2019-2026, Allied Market, Research, https://www.alliedmarketresearch.com/small-satellite-market (last visited: Aug. 27, 2020).
  2. The push to develop aerospace technology, Executive Yuan, https://english.ey.gov.tw/News3/9E5540D592A5FECD/46f4d4cc-ccea-4d22-874e-ecb93e5cf1b8 (last visited: Aug. 27, 2020).
  3. Premier: Boost Taiwan's space technology by leveraging industrial strengths, Executive Yuan, https://english.ey.gov.tw/Page/61BF20C3E89B856/135faec3-ad56-429f-8071-d91dec198f96 (last visited: Aug. 27, 2020).
  4. 翁書婷,鴿子衛星天上飛,台灣太空科技「彎道超車」的機會來了!,數位時代,2019/03/13,https://www.bnext.com.tw/article/52531/planet-labs-cubesat-nasa(最後瀏覽日:2020/08/27)。
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NEW HOSPITALS PERSONAL INFORMATION SECURITY MEASURES REGULATIONS COMING INTO EFFECT – A SUMMARY

  On 2020 July 10, the Hospitals Personal Information Security Measures Regulations (醫院個人資料檔案安全維護計畫實施辦法) was enacted (‘the Regulation’) and takes effect on 2021 January 10. The Regulation applies to public and private hospitals that occupy over 100 beds (article 2, 4, 19).

  The purpose of the Regulation is to strengthen the protection of personal information by hospitals. Firstly, the Regulation ensures that personal information is stored safety and is recorded accurately. Secondly, the Regulation aims for hospitals to establish mechanisms in regards to:

  1. the management of personal information,
  2. the storing of personal information,
  3. the auditing of personal information management systems, and
  4. rectification.

  The Regulation is made under section 27 of the Personal Data Protection Act (個人資料保護法) (‘the Act’). Under section 27 of the Act, non-government agencies that are in possession of personal data files shall implement proper security measures. Non-government agencies may be required to establish mechanisms:

  1. to protect and maintain personal information in a secured manner, and
  2. to address how personal information is disposed when a transaction, sale, or service is completed.

  This article proposes to discuss and summarize some of the important articles of the Regulation, which may be of interest to overseas hospitals or companies in the health sector.

1.  Article 7

  The collection, processing and use of personal information by hospitals must be made within a specific purpose and must be necessary. Hospitals must:

(1) determine the scope of collection, processing and use of personal information.

(2) lay out the categories of personal information collected, processed and used

(3) conduct checks on personal information stored on a regular basis.

  When the collection, processing and use of personal information is outside the specific purpose and is not necessary, or that the specific purpose is no longer present, hospitals must delate, destroy, cease to collect, process or use the personal information.

2.  Article 9

  Hospitals must notify data subjects when they collect personal information. Hospitals must set down rules regulating the method of notification, the content of the notice, and matters that need attention.

3.  Article 13

  Hospitals must implement safety mechanisms which include but is not limited to the following:

(1) Hard Copy Personal information: hospitals must put in place relevant equipment and implement management procedures to safeguard personal information;

(2) Electronic Personal information: hospitals must equip computers or automatic machines that include security systems or enable encryption to safeguard personal information. Back up systems and management procedures should also be put in place.

(3) Hospitals must establish elimination procedures.

4.  Article 15

  Hospitals must keep records documenting how personal information is used, including records of automatic systems that process personal information. Records must be kept for a minimum of 6 months.

5.  Article 16

  After the performance of a transaction, sale or service, hospitals must destroy, transfer, delete, or cease to use and/or process personal information. A record must be kept for a minimum of 5 years. The record must include the time, place, method of deletion, method of transfer and reason of transfer.

Reference:

1. 醫院個人資料檔案安全維護計畫實施辦法總說明,衛生福利部,https://www.mohw.gov.tw/cp-18-54747-1.html(最後瀏覽日:2020/08/27)。

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THE MINISTRY OF ECONOMIC AFFAIRS PASSES THE PARTIAL AMENDMENT OF THE REGULATIONS GOVERNING APPLICATION FOR APPROVAL OF COMPULSORY LICENSE OF MUSICAL WORKS AND ROYALTIES FOR USE THEREOF

  On August 4, 2020, Taiwan’s Ministry of Economic Affairs passed the partial amendment to the Regulations Governing Application for Approval of Compulsory License of Musical Works and Royalties for Use Thereof (音樂著作強制授權申請許可及使用報酬辦法). The Regulation is made under Paragraph 2 of Article 69 of the Copyright Act (著作權法). The purpose of the Partial Amendment is to strengthen the right of the exclusive licensee and the agent. The details are as follows.

1.  Article 7

  After accepting the application, the Copyright Competent Authority shall notify the owner of the economic rights to the musical work and the agent thereof. If the musical work has been exclusively licensed, the exclusive licensee to the musical work and the agent thereof shall be notified. If the domicile or residence of the owner is unknown, the Copyright Competent Authority shall put the contents of the written application into a public notice.

  The owner of the economic rights and the agent thereof or the exclusive licensee and the agent thereof referred to in the preceding paragraph may submit their opinions in writing pertaining to the content of the application form stipulated in Paragraph 1 of Article 3 to the Copyright Competent Authority within thirty days after receiving the notification or the public notice set by the Copyright Competent Authority.

2.  Article 10

  Where the Copyright Competent Authority does not approve the compulsory license, it shall notify the applicant, the owner of the economic right to the musical work and the agent thereof with a written statement of reasons. If the musical work has been exclusively licensed, the exclusive licensee and the agent thereof shall be notified.

3.  Article 11

  Where the Copyright Competent Authority approves the compulsory license, it shall put the approval decision into a public notice and notify the applicant, the owner of the economic right to the musical work and the agent thereof. If the musical work has been exclusively licensed, the exclusive licensee and the agent thereof shall be notified.

4.  Article 17

  The sound recordings recorded and produced in accordance with these Regulations shall indicate the following matters:

(1) The title of the musical work;

(2) The name of the author of the musical work;

(3) The date and document number of approval of the compulsory license by the Copyright Competent Authority;

(4) Areas of sales;

(5) Serial number that is sufficient to identify the quantity to be published; and

(6) The product title and code of the produced record work

  Where the musical work does not indicate the matters in Item 1 of the preceding Paragraph, the matters may be omitted. The produced record work may also be omitted if it does not indicate the matters in Item 6 of the preceding Paragraph.

  The applicant shall, in accordance with Paragraph 1, submit a publication sample to the Copyright Competent Authority, the owner of the economic rights to the musical work and the agent thereof within 14 days. If the musical work has been exclusively licensed, the applicant shall submit a publication sample to the exclusive licensee and the agent thereof within 14 days, except where the domicile or residence of the owner, the exclusive licensee or the agent thereof is unknown.

5.  Article 18

  The Copyright Competent Authority revoking or abolishing approval pursuant to Article 71 of the Act, shall publicize its decision and notify the applicant, the owner of the economic rights to the musical work and the agent thereof. If the musical work has been exclusively licensed, the exclusive licensee and the agent thereof shall be notified.

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