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+ Quarterly Legal Newswire,Jun 2014 NO.02


LATEST LEGAL NEWS



THE PASSAGE OF THE PATENT ACT AMENDMENT REGARDING THE BORDER PROTECTION IN TAIWAN


The Patent Act amendment was passed by the Legislative Yuan on January 3, 2014 that included 4 provisions regarding the border protection and wording adjustments. The related regulation for this amendment shall be completed within 2 months after its promulgation and the new Act shall enter into force after the establishment of coordinating regulations.

In order to strengthen the protection of patentees, Legislator Guei-Min Lee had proposed the new amendment “Request for Detention Review” to be introduced in Patent Act by consulting relevant foreign legislations and Taiwan’s Trademark and Copyright Act. In this proposed amendment, patent owners shall provide security deposit to request the customs to detain imported goods with the possibility of infringing the patent right; On the other hands, the owner of the detained good is allowed to provide the counter security deposit to request the repeal of detention. The details of the amendment of Patent Act are as follows:

1.Detention Procedures
The requestor, when filing the request for detention, shall claim the facts of the infringement in writing and provide the security deposit to the customs. The customs shall notify both parties after confirming the request for detention, and shall allow both parties to examine the good under such condition where the confidential information of the good is well protected.

2.Repeal of Detention
After the request of detention is made, the customs shall repeal the detention in the situations where the litigation of patent infringement has not been made within 12 days, the appeal is dismissed by the court, the request of detention is revoked by requestors, or the counter security deposit is provided by the owner of detained goods. Moreover, the requestor shall be responsible for the costs generated from the detained good if the requestor is liable for the repeal of detention.

3.Damages
The Requestor shall be liable for the costs generated by the owner of the detained good if the detained good is not infringed the patent right of the requestor ruled by the court. Besides, if the settlement is reached between the parties, both parties are able to request for the return of the security and counter security deposit.

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THE CROSS-STRAIT OFFICIAL EXCHANGES OF PATENT EXAMINERS

To protect intellectual property rights (IPR), the authorities of Taiwan and Mainland China signed the agreement, “The Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation”, in June 29, 2010. This agreement includes personnel training, administrative agencies’ exchanges and other matters of business. According to Article 8 of this agreement, the two sides agreed to carry out the business of exchanges of intellectual property rights. The important details are as follows: a) to promote business departments’ staff working meetings, study visits, experience and technical exchanges, seminars, etc., and also to carry out related business training; b) to exchange system specification, database (including literature data), and other relevant information; c) to promote the electronic exchange of documents of cooperation; d) to promote copyright collective management organization exchanges and cooperation; e) to strengthen advocacy related companies, agents and the public; and f) both sides agreed to cooperate in other matters.

After the exchanges of three patent examiners of State Intellectual Property Office (SIPO) last year, Taiwan Intellectual Property Office (TIPO) sent four TIPO patent examiners to conduct five-day cross-strait exchanges patent examiners on May 26, 2014. This is the second official cross-strait exchanges. The staff exchange is useful for the substantive examination to enhance both patent laws and regulations and to have better understanding of the research of prior art. And due to the different standards of operations and patent search and examinations, the exchange also enables both parties, Taiwan and Mainland China, to have a better understanding of the different standard of patent examinations.

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A DRAFT “THE FREE ECONOMIC PILOT ZONES SPECIAL ACT” WILL BE DELIBERATED ON THE EXTEMPORANEOUS MOTIONS IN THE LEGISLATION YUAN IN LATE JUNE

The Republic of China (R.O.C) have been carried out “free economic” recent years, by promoting “Free Economic Pilot Zone” (hereinafter as FEPZs) to encourage every industrial and foreign investment. Besides, FEPZs will not only keep talents and technologies in R.O.C but also liberalize and internationalize our economic.

The Executive Yuan had approved a Bill titled “The Free Economic Pilot Zones Special Act” (hereinafter as the Bill) on Dec. 26th, 2013. At the end of May, the Joint Economic, Internal Administration, and Finance Committee of the Legislation Yuan (the Congress) have taken five public hearings for the Bill, and amended the Bill according to the advices proposed by specialists. Not until the deliberation of the Bill item by item and its passage in the Congress, the second stage of the FEDZ program would not be initiated. There are five main points, including the treatments on foreigners, tax incentives for R.O.C businessman, foreign professionals and foreign companies, regulations on untaxed goods and labor, regulations on industrial development, such as the agriculture and the medical service, and certain new items on education and professional services.

The government considers that there have to be enough human resource to sustain the opened industries, so Executive Yuan is trying to promote innovative education in FEPZs. The core concept of FEPZs is foresight, liberalization and internationalization, the premier said, and the higher education systems belong to high-end service and have much more marketability and variability compared to other education systems. Through innovative and efficient way to manage the school could let University being much more liberalized. Furthermore, the higher education systems in R.O.C. have to connect with international education to avoid being marginalized. Our first stage of education innovation will promote to set up “degree programs” and “professional courses”. The first phase for the Ministry of Education is going to found “degree programs” or “professional courses” through collaboration way. The Ministry of Education will also draw up related regulations or guidance on standards for school cooperation, co-regulation, setup conditions, supervision, enrolling new student, and recruiting staff.? Once the Bills pass, The Ministry of Education plans to establish “branch school” and “independence campus” helping R.O.C. higher education goes internationalized.

On the other hand, Our medical service also has strong international competitiveness. R.O.C is engage in developing international medical and health industry. The premier said, the Ministry of Health and Welfare have proposed some measures, such as limitation to the number of medical centre, medical personnel working hours, and NHI is not allow to use in the zones.

The premier added, on the extemporaneous sittings, “The Free Economic Pilot Zones Special Act” will be the priority bills and be deliberated in the end of June By establishing the free economic demonstration zone, it is expected to propel R.O.C take part in Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

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EXECUTIVE YUAN TO HOLD NATIONAL AFFAIRS CONFERENCE ON TRADE AND ECONOMICS, ECONOMIC POLICIES AND DEVELOPMENT ISSUES TO BE DISCUSSED

To response to recent social and economic development of our country and to proactively solve middle and long-term issues on economic development, Premier Jiang Yi-huah had announced in April that National Affairs Conference on Trade and Economics is to be held in the end of July, in the hope that crucial decisions regarding the future direction of the nation can be reached through discussion, so that the democracy and rationality of Republic of China (R.O.C) can be acknowledged both with the country and abroad.

The National Affairs Conference on Trade and Economics this year is to be held by National Development Council and Ministry of Economic Affairs. The two themes of the Conference are (1.) national development strategy under globalization and (2.)? strategies on participation in regional economic integration and cross-strait trade. Moreover, there are three parts of key discussion topics. The first part is: how should Republic of China (R.O.C)? face the international trend of regional economic integration, which encompasses questions such as whether Republic of China (R.O.C)? shall proactively participate in regional integration and if it does, if it is possible to exclude Mainland China, and what sorts of tactics and strategies shall be made.

The second part of the discussion topics is about specific actions Republic of China (R.O.C)? shall take to participate in regional economic integration and challenges faced in that regard. It further includes issues such as what are the benefits for the industry after joining in regional economic integration and how should the more vulnerable industries to be assisted, as well as how international and cross-strait economic and trade cooperation shall be conducted without affecting national security and how through the process,? adequate monitoring from the public and the parliament can be included, providing? international customs regarding negotiation and conclusion of international agreements are observed at the same time.

The third part of the discussion topics will focus on cross-strait policy and its relation to future economic development. The issues under this topic consist of what the self-positioning of Republic of China (R.O.C) is, what its role in the cross-strait relation shall be, what the best approach is in terms of cross-strait policy, and how the society should, including all the political parties, form the consensus on cross-strait policy so it can be a guidance upon which the nation to act on in the future.

Prior to the National Affairs Conference on Trade and Economics this year, there were regional conferences held in the north, middle, south and east of Republic of China (R.O.C), where representatives from various sectors such as industry, government, academics, research institutions as well as civic groups participated in discussion. In addition, the Executive Yuan plans to livestream the conference this time via internet so the netizens can express their opinions, and accordingly enable more people participate the decision-forming process on national trade and economic issues.

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RECENT DEVELOPMENTS



THE ACCESSIBILITY OBLIGATIONS FOR ADVANCED COMMUNICATION EQUIPMENT MANUFACTURER AND SERVICE PROVIDER – THE INTRODUCTION OF ITU POLICY AND U.S. CVAA

Abstract:

The development of technology makes people’s life becoming more convenient, and should let everybody can enjoy it. But around us, there are many reasons for people can not enjoy life as fun as normal people. Such as people with disabilities might because of economic and physical factors, they can not the same as the average person to use these new technology products.

This paper introduces the concept of "universal design" and "assistive technology". Then, introducing the "2012 International Telecommunication Regulations (ITR)" from the International Telecommunication Union (ITU) , with the related policy. And finally, we study the United States, "Twenty-first Century Communications and Video Accessibility Act (CVAA)" and the subsequent development. Also, we analysis the international legal issue for disabled persons to use the new communication technologies.

We think it’s an important things for our country to develop the ICT industry in the future. We must follow the process of the legislation in other country.

Keywords: Disability, digital convergence, communication, accessibility, the International Telecommunication Regulations

<Source: Chih-Yu Chen, The Accessibility Obligations for Advanced Communication Equipment Manufacturer and Service Providers – The Introduction of ITU and U.S. CVAA, Science and Technology Law Review Vol. 26 No.4, April 2014, p.p. 53-71>

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THE LEGAL IMPLICATIONS OF THE U.S. ENERGY SYSTEM’S DEMAND-SIDE MANAGEMENT

Abstract:

In the post-Kyoto Protocol era, the issues concerning energy-saving and carbon reduction have becoming more and more important around the world. To maintain the international competitiveness, governments are trying different approaches to increase the energy efficiency (EE) and lower the carbon emission. One of the solutions is the “Demand-side Management” (DSM). In September, 2012, the Executive Yuan officially approved the “Smart Grid Master Plan.” During the same year, under the authorization of Energy Management Law, the Bureau of Energy, Ministry of Economic Affairs (MOEA) delivered the “Energy Development Guideline.” Under the Guideline, the government will construct a green low-carbon economy through three dimensions - Supply (S), Demand (D), and the System.

The paper selects the United States (U.S.) as the research subject for the comparative law and policy. It firstly articulate the development of the U.S. energy market. It, then, examines the relevant U.S. law and policy concerning the DSM. Next, the paper identifies several important legal issues, i.e. the interoperability, privacy, security and consumer engagement. The author sincerely hopes the paper could be as a reference for Taiwanese policymakers and business in the megatrend of Energy Information and Communication Technology (Energy ICT).

Keywords: Energy Information and Communication Technology (EICT), Demand-side Management (DSM), Interoperability, Privacy, Security, Consumer Engagement.

<Source: Po-Kun Tsai, The Legal Implication of the U.S. Energy System’s Demand-side Management, Science and Technology Law Review Vol. 26 No.5, May 2014, p.p. 34-51>

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