Since The Convention on the Rights of Persons with Disabilities （hereinafter, “CRPD”） and its Optional Protocol was adopted on 13th December 2006 at the United Nations （hereinafter, “the UN”） Headquarters with 82 signatories to the Convention, 44 signatories to the Optional Protocol, and 1 ratification of the Convention and subsequently entered into force on 3rd May 2008, Taiwan has been seeking for possible way to enhance the status on the rights of persons with disabilities as well, even though not a membership of UN at present.

Notwithstanding the “People with Disabilities Rights Protection Act” was enacted in Taiwan as far back as in 1980, along with several amendments to it within the following 30 years, there’s still a great gap between it and CRPD of the UN. “People with Disabilities Rights Protection Act” in Taiwan mainly aims to protect the legal rights and interests of people with disabilities, secure their equal opportunity to participate in social, political, economical, and cultural activities fairly, while contributing to their independence and development. As for CRPD, it’s the first comprehensive human rights treaty in 21st century. The Convention follows decades of hard work by the UN to change attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as "objects" of charity, medical treatment and social protection towards viewing them as "subjects" with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

In view of the major difference between current “People with Disabilities Rights Protection Act” in Taiwan and CRPD of the UN, 36 legislators from Legislative Yuan in Taiwan proposed the draft of the “Enforcement Act of The Convention on the Rights of Persons with Disabilities” bill in May 2014 in order to internalize CRPD into domestic provisions. The “Enforcement Act of The Convention on the Rights of Persons with Disabilities” was promulgated by President Order on 20th August 2014 and the whole 12 articles （which basically adopt or refer to the essential principles of CRPD）shall be in effect and enforced from 3rd December 2014. On the occasion, it’ll be a brand-new step for Taiwan to connect with global standard in the field of dedication to the disabilities, and reaffirms that all persons with any types of disabilities may enjoy entire human rights and fundamental freedoms. Furthermore, once their rights have been violated illegally, protection of rights must be reinforced effectively and promptly.

According to article 10 of the “Enforcement Act of The Convention on the Rights of Persons with Disabilities”, all agencies of government shall review all rules, regulations and administrative measures administered by them in accordance with the Convention within 2 years. Shall there be anything in conflict with the Convention, the relevant government unit shall complete the enactment of a new rule or regulation, amendment or abolishment of the old rule or regulation, and improvement of the administrative measure within 3 years after this Enforcement Act comes into effect.

The “Free Economic Pilot Zones” (hereinafter as FEPZs) plays a pivotal role in promoting market liberalization, especially at an international level. Premier of the Executive Yuan, Mr. Jiang Yi-Hua has stated that the “market economy” and “innovation economy” allows for tremendous economic prosperity to be embraced by the Republic of China (hereinafter as R.O.C). The seizing of such opportunity has been the goal of government efforts, which can be attested by the recent proposal of the “The Free Economic Pilot Zones Special Act” (hereinafter as the Bill), currently undergoing review and consultation proceedings. The Premier further stressed that the national economy should not be left excluded from international commerce, on the other hand, it is imperative that closer economic bonds with other nations are forged, therefore allowing itself open up to wider scope of opportunities for growth. The key in rendering this possible is through the enactment of laws. At a time, when Trans-Pacific nations, including the United States of America, Japan and countries from Southeast Asia, are working towards regional economic cooperation, if R.O.C. is to be left out, it is feared that its position in the global market would further be marginalized.

The core innovative strengths of the FEPZs include “Smart Logistics”, “International healthcare services”, “Value added agriculture”, “Financial Services”, “Education Innovation”, all of which are implemented by employing R.O.C.’s finest workforce, knowledge, information and communications technology (ICT), geographical position and cross-strait relationship advantages, leading way for an advantageous basis for pioneering economic development. The first stage of development will be based on 6 locations proximal to the sea (including Keelung Port, Taipei Port, Kaohsiung Port, Suao Harbor, Anping Port, Taichung Port) and Taoyuan Aerotropolis and Pingtung Agricultural Biotech Park. The second stage of development would only commence after the Bill have been approved by the legislative Yuan, which would attract much capital investment, hence boosting high employment rates. Presently, besides the aforementioned regions opened up for the FEPZs, other cities and industrial sites (including those from offshore islands), are striving to gain membership of the FEPZs, or applying for empirical research of the FEPZs.

The Executive Yuan has published a report concerning the legal and economic implications of its the Bill on May 2014. The report largely consists of assessments made by varying governing bodies, such as Ministry of Home Affairs, Financial Supervisory Commission etc., on the implications of the draft concerning real estate, employment, fiscal income, logistics, conditions for medical care, agriculture, higher education, social environment and social wealth redistribution etc.

Furthermore, international attention has been closely centered on the progress of FEPZs. During the “The third review of the trade policies and practices of Chinese Taipei” after R.O.C accession to the World Trade Organization (WTO) held on the 17th of September 2014 in Geneva, each member state has demonstrated expectations arising out of the direction and planning undertaken for the FEPZs. National economic and international commercial reforms are under way and have seen much progress in further promoting the overall strength of the economic system, in an effort to respond to the rapid global political and economic developments, for example, through the signing of Economic Cooperation Framework Agreement (ECFA), and the implementation of FEPZs policies. In the future, it will be expected that R.O.C. will strive for a more integral international commercial system, allowing much capital investment inflows as well as the cultivating of high-caliber human resources.

On Aug. 29, for a trend of 3D printing technical development, the premier of Executive Yuan indicated that the 3D printing industry blueprint should be projected promptly after reporting the 3D printing technical development and promotion at the Cabinet’s weekly meeting. The said plan shall be executed by Ministers without portfolio the purpose of carrying out all the procedure from the main spare parts, accessories, and materials to software technology for the sake of a complete independent 3D printing industry. Furthermore, educating and training qualified personnel for their participation should be executed promptly, and development of culture creation as well.

Nowadays, manufacturing digitization has raised the Third Industrial Revolution, in which the 3D printing technology became a significant tendency of development. The manufacturing industry of 3D printing focus on distinctiveness of products, and the economies of scale usually do not necessarily exist. In view of the present global market scale of 3D printing industry, a prediction about this industry will be 5 times growth within five years, and estimated that it will reach 4 billion U.S. dollar by 2050.

As to the promotion of 3D printing industry plan, it should aim at a niche markets such as biomedicine and vehicles. The Republic of China (hereinafter as R.O.C) has many small and medium-sized enterprises with characteristic of spreading out in clusters throughout the island. At present, under the cross-ministry coordination of 3D printing, there are some Ministries which is promoting this industry includes the Ministry of Economic Affairs in supporting the industry as well as its related policies, the Ministry of Science and Technology in promoting innovative applications, the Ministry of Education in universalizing relevant education and talent cultivation, the Ministry of Health and Welfare drafting a regulatory system for 3D bioprinting for medical applications, and the Ministry of Culture in nurturing talent for application of 3D printing to crafts and designs.

The industrial policy plan in R.O.C aims to develop high-value industry and local employment. The 3D printing industry blueprint fulfills the criteria of the government’s industry policies for reaching expected market return and creating more jobs. It is expected to achieve the goals by 2018, including development of core components, materials and independent software, obtaining 30% of the world’s 3D printing industry manufacturing capacity, cultivating top-of-the-line creative industry talent for the 3D printing industry, and establishing a world-class large-scale database for creative designs, arts and cultures.

The 3D printing technology is a fast-growing industry and becoming an important item for policy promoting, so it is necessarily to have market distribution in early stage for having global competence an reach the industrial development goals.

Abstract:

Technology and innovation have always been the driving force for a nation and industries to sustain competitiveness. To inspire industrial innovation, propel industrial transformation, sharpen global competitiveness, and develop better economic well-being, the Ministry of economic affairs (hereinafter MOEA) has investing in the R&D of several areas. And those investments are leading Taiwan to revamp industrial structure, bring added value, and expand its global presence. However the resources are limited. So this article thinks about how to adjust technology development project of MOEA to compliance with the demand of industry development, and maximize efficiency of limited resources. It will observe the competitive research grants of Japan, New Zealand, and Canada to provide a suggestion to promote the technology development project of MOEA in Taiwan.

Keywords: the competitive research grants、technology development project

<Source: Kuan-Yu Lin, A Legal Study of The Competitive Research Grants in Japan, New Zealand, and Canada, Science and Technology Law Review Vol. 26 No. 7, July 2014, p.p. 52-68>

Abstract:

In the era of Internet of Things, data is accumulated at an unprecedented speed through connected devices such as mobile phones and tablets. Not only have lives of people changed due to this phenomenon, so are impacts brought upon various regulatory frameworks. In April and May, 2014, the Court of Justice of European Union announced two rulings that have tremendous implications on data protection. One of them annulled the 2006 Data Retention Directive (Directive 2006/24/EC), and the other spelt out the obligation of an operator of search engine services in the respect of data protection. This article aims for providing reference for related policy-making and perhaps as well as rulings of local courts in the future by introduction of the abovementioned two rulings.

Keywords: Internet of Things, data protection, data retention, personal data, EU, Data Retention Directive

<Source: Piao-Hao Hsu, Revisit of Data Protection in the Era of IoT Based On CJEU Jurisprudence - Inspiration from Annulment of Data Retention Directive and Ruling on Google Spain Case, Science and Technology Law Review Vol. 26 No. 8, August 2014, p.p. 50-70>

Abstract:

In the past, the grant for science and technology R&D programs in Taiwan, except for the part of tasks executed by resource allocators, would be mostly launched by the applicants submitting the proposals which were then authorized. Such proceedings, however, have been changed to a two-tier mechanism of "Examination of policy" and "Examination of technology" since this year. Under above mentioned examiner mode, related proceedings and tasks will be executed by the Board of Science and Technology under Executive Yuan and the Ministry of Science and Technology. In purpose of progressing effective connection among technology policies, resource allocation and merits performance in the future, the research of grant mode for science and technology R&D programs will be a focus.

As well as the issue of the resource allocation and how it impacts the trend of industrial development in Taiwan, Government shall decide the policy with the aids of experts such as industrial professionals, economists and consultants. Based on the presumption of national technology development, potential strengths and industrial demand, such policies should be concerned not only for orientating the future direction of the development in technology and industry, but also for appropriately allocating the resource for R&D ratio among industries.

By the research materials from the Global Competitiveness Report (WEF) 2014-2015, this article intends to introduce the related policies of those developed countries which take a lead in R&D. For providing proper advice of grant mode for science and technology R&D programs in Taiwan, this article will also introduce the system theory as an approach and examine the assumed grant mode as a dynamic system which frames the related mechanisms.

Keywords: Technology Development Programs, System Theory, Grant, R&D Findings

<Source: Hung-Chih Chen, A Study of the Grant Mode for Science and Technology R&D Programs in Taiwan: Observation for Related Policies of Developed Countries, Science and Technology Law Review Vol. 26 No. 9, September 2014, p.p. 43-67>