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+ Quarterly Legal Newswire,Sep 2015 NO.03


LATEST LEGAL NEWS



EXECUTIVE YUAN APPROVED “PRODUCTIVITY 4.0 INITIATIVE” TO PROMOTE INDUSTRY INNOVATION AND TRANSFORMATION


The Executive Yuan has approved the Productivity 4.0 Initiative on September 17, 2015. Before its approval, the Office of Science and Technology (OST) gave a presentation on the Draft of the Productivity 4.0 Initiative on July 23, 2015 detailing the underlying motives behind the program. Confronted with the challenges our traditional industries and OEMs meet, including labor shortages (the national laboring population ranging from age 15 to 65 has seen a substantial decrease of 0.18 to 0.2 million annually) and a aging labor force, the the Productivity 4.0 Initiative sets the directions for industrial development tackling these issues through six main strategies: enhancing and fine-tuning flagship industries’ smart-supply-chain ecosystems, encouraging the establishing of startups, localizing production and services, securing autonomy in key technologies, cultivating practical and technical talents and injection of industrial policy tools

After hearing the presentation on the Initiative, the Premier, Mao Chi-kuo, made reference to the core ideas of the Productivity 4.0 Initiative in his concluding remarks. “The core concept of the Productivity 4.0 Initiative is to propel R.O.C. to a pivotal position in the global manufacturing supply chain by capitalizing on the nation’s core strength in industrial technology, while fostering an outstanding work environment stimulating synergy between employees and automotive systems in order to cope with R.O.C.’s imminent labor shortage,” Mao said

Also focusing on the Productivity 4.0 Initiative, the Premier gave a keynote speech titled ‘Views on the current economic and social issues’ at the Third Wednesday Club. He takes the view that the GDP downslide is of a structural nature and the government is going to guide the economy towards an upward path by assisting industries to innovate and transform. In an effort to remove the three major obstacles to innovation and entrepreneurship— discouraging laws and regulations, difficulty in raising capital and gathering financing as well as lack of international partnerships, the government has been diligently promoting the Third Party Payment Act as well as setting-up R.O.C. Rapid Innovation Prototyping League for Enterprises. Among these measures, Industry 4.0 has been at the core of the Initiative, in which cyber-physical production system (CPS) would be introduced by integrating Cloud-computing and Internet of Things technology to spur industrial transformations, specifically industrial manufacturing, added-value services and agricultural production. The Productivity 4.0 Initiative is an imperative measure in dealing with R.O.C.’s imminent issues of labor shortage, and the aging society, its promising effects are waiting to unfold.

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EXECUTIVE YUAN ROLLS OUT “TRADITIONAL INDUSTRY REFORM ASSISTED BY THE INTRODUCTION OF INFORMATION AND COMMUNICATION TECHNOLOGIES ” STRATEGIC PROGRAM

After hearing on the “Traditional industry upgrading status report” put forth by the Ministry of Economic Affairs (hereinafter as MOEA) on August 6, 2015, Premier Mao Chi-Kuo commented that traditional industries play a substantive role in economic development, employment creation, and revenue accrual. These industries are the backbone of the national economy, contributing significantly to our economy. The MOEA has placed special emphasis on the “smart, green, cultural and creative” elements in the program to upgrade and transform traditional industries, hence further creating added value.

The MOEA stated that in the past traditional industries has often placed overriding focus on the cost-reducing and competitive-pricing aspects of production, yet overlooking the fact that in our globalized world they will always be other nations with far more advantageous conditions that could easily replace us, forcing us to lose out . Therefore, by rolling-out policies specifically intended to upgrade and transform industries, through the introduction of ICT technology, enhanced by innovative elements of the Cultural and Creative Industry, environmental protection awareness, amelioration of improved innovative business models, the MOEA is determined to aid our industries in midst of global competition, rendering Taiwanese products to stand out among the crowd

With regards to the transformational strategy to reform traditional industries, the MOEA stated that the “smart” transformation entails the employment of innovative business models based upon systemic integration of ICT technology, Big Data analysis, Internet Of Things. The “green” transformation promotes environmentally-friendly manufacturing processes and products; the input of “Cultural and Creative” element takes advantage of the distinctive features of a specific product and expresses its uniqueness through creative storytelling and design. For instance, at Phase 2 of the MOEA program, the woodworking and machinery industries are improved by integrating ICT technology in their production, successfully shifting the stand-alone type of manufacturing paradigm to a complete production line.. This change has improved the annual production value of the woodworking and machinery industries: in 2014 it was at 21 billion, compared to the annual production value in 2013, it made an increase of 3 billion.

NCKU President indicated that the university will have five full-time professors, including three specializing in civil engineering structures, one in hydraulic structures and one in static structure help the center make contribution to disaster prevention in Taiwan. NCKU will be operating the facility in association with National Applied Research Laboratories (NARL). The equipment at the center will be equipped with equipment like a vibration machine that could simulate the earth movements up to two meters from the hypocenter of a near-fault earthquake.

Furthermore, to promote the upgrading and reforming of traditional industries, to attract the participation of the younger generation and encouraging more businesses to join-in, the MOEA has consequently established an advisory taskforce consisting of five regional service teams, assigned to the northern, central, southern and eastern parts of R.O.C., including the outlying islands. The advisory taskforce will incorporate resources ranging from the industrial sector, academia and research institutes, to help traditional industries creating added value, and thus reforming their industrial structure.

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LEGISLATIVE YUAN OF R.O.C. HAS PASSED THE AMENDMENT TO CONSUMER PROTECTION LAW

Legislative Yuan of R.O.C. has passed the amendment to Consumer Protection Law in June 2, 2015. In the amendment, Article 2, 8, 11-1, 13, 17, 18, 19, 22, 29, 39~41, 44-1, 45, 45-4, 46, 49, 51, 57, 58, 60, 62, 64 have been revised, Article 17-1, 19-2, 56-1 have been added, and Article 19-1 has been deleted. The most important amendments are Article 17-1, 19 and 56.

  1. Article 17-1 business operator’s burden of provement to the obedience of the mandatory and prohibitory provisions of standard contract
  2. To decide whether a standard contract is consistant with the mandatory and prohibitory provisions of standard contract issued according to article 17, the newly added article 17-1 put the burden of provement to the business operator. In other words, if a consumer sued the business operator of violating the mandatory and prohibitory provisions of standard contract, it is the business operator’s burden to prove his/her innocent.

  3. Article 56-1 the penalties to disobedience of the mandatory and prohibitory provisions of standard contract
  4. In the past, the competent authorities may issue the mandatory and prohibitory provisions of standard contracts and audit the compliance situation of the business operator. However, according to the old Consumer Protection Law, even if the operator fails to comply with the mandatory and prohibitory provisions of standard contracts, the competent authority could only ask the business operator to revise or amend its standard contract, there is no penalty. The newly added article 56-1 authorize the competent authority to fine the business operator if the business operator fails to comply with the mandatory and prohibitory provision of standard contracts, and is unwilling to rectify it in the designated period of time after the competent authority informed the business operator.

  5. Article 19 the exclusion of the 7 day rescission right
  6. According to Article 19 and 19-1, a consumer of long distance selling can cancel the goods or service trading contract in 7 days after he/she received the service or goods without stating reasons or paying any expenses or the purchase price. According to Article 17 of Enforcement Rules of Consumer Protection Law, even if the consumer had tried or tested the goods or service, the consumer's rescission right shall not be extinguished based on Paragraph 1, Article 19 of the Law. It applied to trades of all kinds of service and goods, including apps, fresh vegetabls, cooked food, and magazines, etc. Therefore, it has been criticized for lack of justice and equality to put this burden to all sellers. For example, in 2011, Law and Regulation Commission of Taipei City Government asked Google Play to revise its standard contract and provide the consumers 7 day rescission right according to Article 19 of the Consumer Protection Law. Google Play was unwilling to follow the rule and decided to stop all the charged app downloading services in R.O.C. It aroused high intense debate and attention in the public. The new Article 19 authorizes the Executive Yuan to list the exceptions of the rescission right. Therefore, in the future, not all of the long distance selling consumers would enjoy the rescission right to cancel the deal in 7 days without stating reasons or paying any expenses or the purchase price.

In addition, the new Article 19 states clearly that the 7 days counted from the first day after the day receiving the goods or service.

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INTRODUCTION TO VTAIWAN

Our world was once connected by transportation. Back then, cars, trains and planes dominated the world. We thought that was the ultimate modernization until the Internet started to prevail. The Internet is a global network connecting millions of computers. It ignores the time difference and overcomes the physical barriers. Everything is a click away. Simply put, time is bent, and so is space. However, the more convenient it is, the more we rely on it. It’s now even implausible to envision how our grandparents lived their daily lives without Google, which just began in late ‘90s as a research engine, being younger than most of us. Specifically, when Apple first announced the iPhone, mobile devices took the lead. The right to Internet access even became one of the chapters of human rights. Nowadays, anything offline is nothing.

Nevertheless, there are many critical and troublesome issues along the way. In order to keep up with the rapid changes in technology, we cannot let our legislation lag behind. Tsai Yu-ling, Minister without Portfolio of Executive Yuan, proposed a plan of Virtual World Law Adjustment Program in the hope that we conquer the obstacles to develop the fine and safe Virtual World, and also to promote the legal application of the Virtual World. For the purpose of accumulating the studies of developed countries, we have held conferences, public hearings, and meetings to build the in-depth analyses and ideas. Also, we set up this platform to provide a finely and fairly virtual venue to let everyone be heard.

The concept of the Virtual World covers a wide range of topics. Our initial projects focus on E-Commerce, Digital Life, Online Safety and Citizen Participation. By standing on these three basic stepping stones, we can have an overlook on the current legal development of the Virtual World and filter out, if necessary, the most intractable legal issues needed to be dealt with. Moreover, we list the priorities of each issue and arrange the steps as follows: Online Company and Intellectual Property Rights, Internet Finance, Internet Transaction and Taxing, Telework, Distance Education, Telemedicine, Consumer Protection, Internet Crime and Information Protection, Open Government Data and Citizen Participation. To do so, we can draft an act to regulate the Virtual World and amend the current laws. This proposal requires many perspectives and comments from all walks of life through the Internet. It needs a strong consensus to grow, and a long discussion to run. At last, we will carry it out to meet the requirements of the law adjustment.

This platform welcomes any opinions from every walk of life. Your perspectives and attention are highly appreciated. We believe your bright ideas can direct the way and meet the needs of industries. Apart from the real world, also known as Mother Nature, the Virtual World is a world that we human built on the basis of civilization and wisdom. Hopefully, we can get the best of both worlds.

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RECENT DEVELOPMENTS



INNOVATION, INDUSTRIAL TECHNOLOGY RESEARCH, AND ENTREPRENEURSHIP – AN OVERVIEW OF THE EMERGING ECONOMIES’ POLICIES

Abstract:

According to the OECD Sciences, Technology and Industry Scoreboard 2013, the Research and Development activities in the Emerging Economies like Singapore, Malaysia, and India are playing more important roles in recent years. They are dedicated to developing and structuring their innovation systems and entrepreneurship to promote the economic growth.

As innovation is at the heart of global economy, this Paper will focus on Singapore, Malaysia, Vietnam, and India, introducing their environment of technology entrepreneurship, the national functionality of innovation projects in the said countries, and concludes the three key factors of contributing the success of innovative mechanism: 1. Promote innovative entrepreneurship through a single institution: 2. Assist start-up companies to acquire international funding and resources; and 3. Business incubator plays an important role in supporting new successful start-ups that create jobs and commercialize new products.

Keywords: innovation; incubation; R&D; Emerging Economies; Newly industrializing countries: NICs

<Source: Vicky W. Chou; Shih-Chieh Chen, Innovation, Industrial Technology Research, and Entrepreneurship – An Overview of the Emerging Economies’ Policies a, Science and Technology Law Review Vol. 27 No. 9, June 2015 p.p. 46-67>

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