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+ Quarterly Legal Newswire,Sep 2016 NO.03


LATEST LEGAL NEWS



EXECUTIVE YUAN ROLLS OUT “FIVE MAJOR INNOVATIVE INDUSTRIES” TO FORGE NEW MOMENTUM FOR ECONOMIC GROWTH


On June 15, 2016, Premier Lin Chuan met with a group of prominent business leaders to talk about a government project on five innovative industries, which aim to drive the next generation of businesses in R.O.C.. Speaking at the Third Wednesday Club in Taipei, Premier Lin said the industries require more investment to drive the next generation of industry growth momentum in R.O.C., create high-quality jobs, and upgrade the industrial competitiveness. Executive Yuan has selected the five innovative industries of Asia Silicon Valley , smart machinery, green energy, biotech & pharmaceutical industry, and national defense, which will be the core for pushing forward the next-generation industrial growth and improve overall environment by creating a cluster effect that links local and global industries, while simultaneously raising wages and stimulating employment.

Premier Lin said, regarding industrial competitiveness and investment issues the lackluster economy has stifled investment opportunities, and with limited government budgets, the private sector must play the larger role in investments. Regarding the “Five major Innovative Industries” project, Premier Lin said the National Development Council is currently drafting long-term plan to attract talent, create a thriving working environment, and infuse companies with more innovation, entrepreneurship and young workers. In addition, R.O.C. must also cultivate a strong software industry, without which it would be difficult to build a highly intelligent infrastructure.

The National Development Council said “Five major Innovative Industries” possess both the capacity of domestic demand and local characteristics, as the core for pushing forward the next-generation industrial growth. The government aims to promote a seamless synergy of investment, technology, and the talent, in order to develop innovative industrial clusters for furthering global linkage and nurturing international enterprises. In the meantime, the government also aims at achieving the enhancement of technology levels, balanced regional development, as well as realizing the benefits of job creation. In addition to the five major innovative industries, Executive Yuan is currently formulating proactive strategies for promoting new agriculture, elevating private investment and triggering the transformation of industrial structure .

The policy brief are as follows:

  1. Asian Silicon Valley
    The Asian Silicon Valley plan will tie R.O.C. to Silicon Valley and other global tech clusters, turning the island into an innovative startup destination for young Asians and creating new industries for the next generation.
  2. Smart machinery
    The government aims to forge R.O.C. into a global manufacturing hub for intelligent machinery and high-end equipment parts. This transformation and upgrade will create more employment opportunities, promote exports, and help solve social problems. It aims to establish a Global Smart Machinery Capital to spur development in central towns
  3. Green energy
    By building an innovative ecosystem for the green energy industry and Combining with high-tech industries, such as precision machinery, IoT, composite materials, and ICT, Executive Yuan will support the establishment of off-shore wind turbines and the solar energy industry, and use the advantages of technology industry making green energy the next key industry.
  4. Biotech & pharmaceutical industry
    By making a better quality of life for citizens, promoting innovation and growth for a competitive industry and bring more sustainable healthcare systems for society, Executive Yuan plans to integrate talent, funding, intellectual property, the regulatory environment, resource, and creating the innovative Asia-Pacific Biomedical R&D Industrial Center.
  5. National defense
    To enhance the national defense industry´s self-sufficiency and development military and related industries Executive Yuan boost the upgrading of industrial technology and system integration capabilities, creating more civilian and military cooperation opportunities, and strengthening the effects of industrial clusters.

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THE MINISTRY OF ECONOMICS AFFAIRS DRAWS UP THE INTELLIGENT MACHINERY PROMOTION PROGRAM TO PROMOTE INDUSTRIAL TRANSFORMATION AND UPGRADE

For the sake of promoting industrial transformation and upgrade, the government has selected the five major industries of Asian Silicon Valley initiative, intelligent machinery, green energy, biotech and pharmaceutical industry, and national defense as the core areas to propel the next-generation industrial growth of Taiwan striding forward to the vision of digital country, smart island, high value services, nuclear-free homeland and energy conservation and carbon reduction.

Upgrading from precision machinery to intelligent machinery is the main goal of putting intelligent machinery industry into focal execution area expecting to create jobs and to maximize the production of production line as well as to forge central Taiwan into a global manufacturing hub for smart machinery. The Ministry of Economic draws up the Intelligent Machinery Promotion Program to establish the applications of the technology and capacity of services that fit the demand of the market. The program embodies two parts. The first is to accelerate the industrialization of intelligent machinery for building an ecosystem. The second is to improve intelligentization by means of introducing the intelligent machinery into the industries.

The execution policy of the Intelligent Machinery Promotion Program is to integrate the intelligent functions such as malfunctions predictions, accuracy compensation, and automatic parameter setting into the machinery industry so as to have the ability to render the whole solutions to the problem. Simultaneously, the program employs three strategies, which are connecting with the local industries, connecting with the future, and connecting with the world, to develop the mentioned vision and objectives. Especially, the way to execute the strategy of connecting with the local industries consists of integrating the capabilities of industry, research organization and the government. At the meantime, the government will encourage the applications of smart vehicles and unmanned aerial vehicles and train the talents as well. The thinking of connecting with the future lies in the goal of deepening the technologies, establishing systematic solutions, and providing a testing areas, which focus on the related applications such as aerospace, advanced semiconductor, smart transportation, green vehicles, energy industry, whole solutions between factories, intelligent man-machine coordination, and robots of machine vision combined with intelligent machinery applications. The government would strengthen the cross-cutting cooperation to develop machines for aerospace and integrate the system of industrial division to form a cluster in order to create Taiwanese IoT technology. Eventually, Taiwan will be able to connect with the world, enhance international cooperation, expand export trade and push industry moving toward the age of information and digital economy and break the edge of industry technology to make the industry feel the goodwill of the government.

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THE EXECUTIVE YUAN HAS PASSED THE FIVE BILLS RELATED TO DIGITAL CONVERGENCE ON MAY 5, 2016 AND WAITING FOR THE SCRUTINIZATION OF LEGISLATIVE YUAN

The term “digital convergence” means all forms of information in the digital domain made convergence and watch the same multimedia content from different type device. For example, reading the same content e-mail on TV or via a cellphone. As the development of internet IP(internet protocol) and communication, the tendency of Technological convergence is inevitable.

In response to the coming of information society, restructuring the acts related to digital convergence has become a vital task of authorities.

There are five bills related to digital convergence, which are refer to broadcasting terrestrial and channel service suppliers administration act, multichannel cable platform service administration act, telecommunications service suppliers act, telecommunications infrastructure and resources administration act, electronic communications act, have passed on the 3498th meeting of the Executive Yuan on 5th May 2016.

According to the document (The legislation plan and regulations reorganization plan of National Communications Commission for 2016) public on website by the NCC , the briefs of the five bills related to digital convergence are as following:

  1. Broadcasting terrestrial and channel service suppliers administration act:
    (1) Current radio and television act and satellite broadcasting act will be merged.
    (2) Make the chapter that governing wireless radio, wireless television, direct satellite broadcaster, and channel service providing enterprises and introduce hierarchical management concept.
    (3) Reasonably deregulate the current 2prohibition to enhance operational flexibility of radio and TV business.
  2. Multichannel cable platform service administration Act:The principle of “monitoring and management based on importance”, thus different degree of duties the multichannel cable platform service should afford.
  3. Telecommunications Service Suppliers Act:
    (1) The current special licensing and approval procedures will be change to simplified registration and approval procedures with view to lowering market entry barriers.
    (2) Only specific service provider who has insufficient competition on markets position applied to ex-ante control measures.
  4. Telecommunications Infrastructure and Resources Administration Act:In order to facilitate the construction and development of telecommunication network infrastructures, The Telecommunications Infrastructures and Resources Administration Act is being enacted.
  5. Electronic Communications Act:
    (1) For the purpose of protection of electronic communication safety, the electronic communication act has been issued. According to the act, the electronic communication service provider has liability to disclose business information, abide to law as well as governmental regulation.
    (2) For the purpose of equal access to electronic communication, the principle of communication protocols and traffic control.
    (3) When dispute occur, the user could motion for a preliminary injunction.
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RECENT DEVELOPMENTS



NET NEUTRALITY AND COPYRIGHT IN THE OTT SERVICES: NEW LEGAL TRENDS IN THE U.S. AND THE EU AND COMMENTS TO TAIWAN´S LEGISLATION

Abstract

The Internet has thrived because of its freedom and openness. Given that advancements in IoT and innovation technologies, terminal devices and audiovisual contents that consumers can use and enjoy also have spiked in the last ten years. Compared to the other technologies and innovations, OTT services attract the attention of the academic, industries, and the public, due largely to its nature and impact. OTT stands for "over-the-top", the term used for the delivery of film and TV content via the Internet, without requiring users to subscribe to a traditional cable or satellite pay-TV service. The explosive growth of OTT services has disrupted the telecommunications market by boosting competition and by creating a phenomenal traffic load on the transport pipes of ISPs .

Network providers are using traffic differentiation to manage the increased volume and distribute the cost of additional capacity, which has raised equal-access concerns among online content and service providers and consumers, namely the issue of net neutrality. This article focuses upon the latest trends of the regulation and policies, especially those concerning net neutrality and copyright, in the United States and the European Union, including the FCC´s 2015 Open Internet Order and the European Union´s Open Internet Regulation. In addition to legislations, recent decisions delivered by courts also are discussed. Through the lens of these legislations and court decisions, this article put the corresponding regulatory framework of Taiwan under examination and shows possible direction for the future.

Keywords: OTT, Net Neutrality, Open Internet, Copyright, Traffic Management

<Source: Tzu-Hsiung Wang, Net Neutrality and Copyright in the OTT Services: New Legal Trends in the U.S. and the EU and Comments to Taiwan´s Legislation, Science and Technology Law Review Vol. 28 No. 7, July 2016 p.p. 31-53>

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HIGH-TECHNOLOGY EXPORT CONTROL OF SINGAPORE, INDIA, HKSAR,AND CHINA´S EXPORT REGULATIONS

Abstract

As well as the issue of the resource allocation and how it impacts the trend of industrial development in Taiwan, Government decided the policy with the aids of experts such as industrial professionals, economists and consultants. And the Government´s grant for science and technology R&D programs, except for the part of tasks executed by resource allocators, would be mostly launched by the applicants submitting the proposals which were then authorized. In this study, we were investigative for the high-technology export control of MOEA´s Development Programs´ R&D findings in Taiwan. For comparison, we also analyzed the export regulations of the main Asian country or region, such as Singapore, India, HKSAR and China to discuss the results of research and development involving government grants.

In Taiwan, the R&D findings´ high-technology export was on control. However, the most Development Programs´ R&D findings should fit the national technology development, potential strengths and industrial demands. These policies should be concerned not only for orientating the future direction but also for the international applications of development in technology and industry. Concerning balance of international applications of R&D findings and national export controls, the research of high-technology export control with Singapore, India, HKSAR and China´s export regulations maybe show one of the proper solutions for Taiwan.

Keywords: High-technology Export Control, Export Regulations, Development Programs, R&D Findings

<Source: Hung-Chih Chen, High-technology Export Control of Singapore, India, HKSAR,and China´s Export Regulations, Science and Technology Law Review Vol. 28 No. 8, August 2016 p.p. 30-50>

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REALIZE AND FACE THE LEGAL ISSUES OF THE STANDARD ESSENTIAL PATENT

Abstract

In the era of Industrial globalization, a lot of products sold worldwide and we use in our everyday lives, such as computers, smartphones and tablets connecting to the internet via standardized wireless technologies would not be compatible without standardized technologies.

However, some cases show standards also can be misused. Accordingly, how to regulate the licenses of standard essential patents (SEPs) and the issuance of the injunctions related to the infringement of the SEPs are now important issues on which the standard setting organizations, the technology industries, and the policy makers focus. Base on the aforementioned facts, this paper mainly focuses on two parts: the intellectual property right policies or patent policies of the standard setting organizations (SSOs) and the recent Court decisions from European Union (EU), some European countries and United States of America (USA). In the first part, the paper emphasizes the main compositions in the IP or patent policies especially the license terms such as FRAND promises. In the second part, the paper summarizes the conclusions and conditions that the courts has made, for example, what essential conditions should be fulfilled if the owners of SEPs would like to get the injunctions to prevent from the infringement of the SEPs . The paper finally tries to find the useful and practical legal strategies for the licensees who desire to implement the SEPs and the licensors who owns SEPs.

Keywords: patent, FRAND promises, standard setting organizations, standard essential patents, injunction

<Source: I-Cheng Liu, Realize and Face the Legal Issues of the Standard Essential Patent, Science and Technology Law Review Vol. 28 No. 8, August 2016 p.p. 51-72>

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INNOVATION, TECHNOLOGY RESEARCH, AND ENTREPRENEURSHIP - AN OVERVIEW OF INTERNATIONAL TRENDS AND RESEARCH COLLABORATION

Abstract

With the coming of the Innovation-based economy era, technology research has become the tool of advancing competitive competence for enterprises and academic institutions. Each country not only has begun to develop and strengthen their competitiveness of industrial technology but also has dedicated to developing and structuring their related measure for deepening the Industry-University collaboration. By doing so, they hope to promote collaboration of Industry-University research, completely bring out the economic benefits of the R&D to depict the vision for national technology research.

Upon the trend, this paper will focus on America, United Kingdom and Japan, using qualitative method to introduce the important policy of improving Industry-University collaboration and funding projects internationally. This paper will further analyze the feature and functionally of R&D projects in the said countries, and finally propose the systematic model of Industry-University collaboration internationally.

Keywords: Innovation, Technology Research and Development, Startup America Partnership, Start-up Britain

<Source: Yi-Ting Wang, Innovation, Technology Research, and Entrepreneurship - An Overview of International Trends and Research Collaboration, Science and Technology Law Review Vol. 28 No. 9, September 2016 p.p. 30-50>

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R&D FUNDING AND SUPPORT POLICY - THE CASE STUDY OF PUBLIC-PRIVATE PARTNERSHIP (PPP) FOR RESEARCH AND INNOVATION IN FINLAND, JAPAN AND NETHERLAND

Abstract

Since the government come in and promote the five major innovative industries which including green energy, biotechnology, smart machinery, national defense, and the establishment of an Asian Silicon Valley. The issue about how to achieve all of these goals and combine the local resource has become more and more important in Taiwan.

The method of how efficiently promoting R&D research is a key topic we should pay more attention to, and there are several global cases related to R&D Funding and Support policy about R&D collaboration of industries, companies, universities and public research institutes (PRIs) for our reference.

This article takes Finland, Japan and Netherland as example, and obverses the policy and practice of Public-Private Partnership (PPP) for Research and Innovation of countries aforementioned. At beginning, the article will introduce the SHOK which is non-profit corporate in Finland. The R&D partnership model that Japan government adopt is technology research association which is also non-profit corporate. Netherland hasn´t created a specific R&D non-profit corporate, but Netherland government also promote innovation by public-private partnership and there are three kinds of PPP model. The article will analyze as well as compare these PPP models then introspect R&D - promoting policy of Taiwan .

Keywords: PPP, public-private partnership, innovation policy, R&D policy, SHOK, Japan technology research association

<Source: Chia-Ying Tsai, R&D Funding and Support policy - the Case Study of Public-Private Partnership (PPP) for Research and Innovation in Finland, Japan and Netherland, Science and Technology Law Review Vol. 28 No.9, September 2016 p.p. 51-70>

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