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Quarterly Legal Newswire,Sep 2017 NO.03
LATEST LEGAL NEWS
THE MINISTRY OF SCIENCE AND TECHNOLOGY ANNOUNCED THE REGULATION FOR PROMOTING THE POPULARIZATION OF SCIENTIFIC KNOWLEDGE TO THE GENERAL PUBLIC OF THE NATIONAL SCIENCE AND TECHNOLOGY FUND

By the authorization of Article 13, paragraph 2 of Fundamental Science and Technology Act, Ministry of Science and Technology Announced the Regulation for promoting the popularization of scientific knowledge to the general public of the National Science and Technology Fund (the Regulation) on Sep. 15th .

According to Article 13, paragraph 2 of Fundamental Science and Technology Act, Certain percentage of the National Science and Technology Fund shall be allocated to promote the popularization of scientific knowledge to the general public.

The key points of the Regulation are as follows:

The revenue of the National Science and Technology Fund from the R&D income shall allocate 0.5 % to promote the popularization of scientific knowledge to the general public.(Article 2 of the Regulation)

The Ministry of Science and Technology shall establish a Board of scientific knowledge popularization in order to deliver the suggestion and for consulting. The Board consists 11 to 13 members and the Minister of Science and Technology shall designate the deputy minister to be the chairperson of the board. (Article 4 of the Regulation)

The Ministry of Science and Technology could take measures such as broadcasting, public addressing, exhibition, publication or other adequate ways to promote the popularization of scientific knowledge to the general public. All the popularization results may be collected and digitalized in order to published in the internet. (Article 5 of the Regulation)

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THE MINISTRY OF SCIENCE AND TECHNOLOGY HAS PASSED THE AMENDMENT ON ARTICLE 3, 6 AND 8 OF REGULATIONS GOVERNING PROCUREMENTS FOR SCIENTIFIC AND TECHNOLOGICAL RESEARCH AND DEVELOMENT.

On September 21th, 2017, The Ministry of Science and Technology had passed the amendment on Article 3, 6 and 8 of "Regulations Governing Procurements for Scientific and Technological Research and Development". The new articles had emphasized on the innovation and application of the research and development result, the subsidy or commission of the scientific and technology R&D projects and the requirements of recusal.

This amendment of "Regulations Governing Procurements for Scientific and Technological Research and Development" covers three major revisions.

First, "Regulations Governing Procurements for Scientific and Technological Research and Development" shall apply mutatis mutandis to any public schools, public research institutions (organization) when implementing the Scientific and Technology Research and Development Projects conducted under subsidy or commission from the government, or by the competent authorities, and the budgets including the Technology Research and Development Budget and matching grants from industry( Article 3, Paragraph 2).

Second, In order to encourage the participation of innovation companies, if performing a scientific research procurement valued at NT$ 1 million or above, the public school, public research institute (organization), or juristic person or entity, shall, in view of the specific nature and actual requirements of the procurement, evaluate the supplier’s technologies, management, commercial terms, past contract performance, construction work, property or service quality, capability, price, and related matters. The evaluation may be adjusted to increase the fair competition opportunities of the innovation companies( Article 6, Paragraph 2).

Third, When the requirements of recusal impairs the innovation and application of the research and development result, fair competition or public interest, such requirements may be waived provided that the public school, public research institute (organization), or juristic person or entity has obtained the approval of the subsidizing, commissioning or competent agency(ARTICLE 8, Paragraph 4). On the other hand, According to the Paragraph 4 exempting the requirements of recusal, the public school, public research institute (organization), or juristic person or entity performing the scientific research procurement shall disclosure the information with the supplier and the reasons of the exemption(Article 8, Paragraph 5).

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MINISTRY OF TRANSPORTATION AND COMMUNICATIONS (MOTC) LAUNCHED PLANS TO DEVELOP INTELLIGENT TRANSPORTATION SYSTEMS

Ministry of Transportation and Communications (MOTC) wants to integrate transportation and information and communications technology to improve the convenience and reduce the congestion of the transportation. Therefore, MOTC launched plans to develop intelligent transportation systems at March 7th in 2017. These plans combine traffic management systems for highways, freeways and urban roads, a multi-lane free-flow electronic toll collection system, bus information system that provides timely integrated traffic information services, and public transportation fare card readers to reduce transport accidence losses, inconvenience of rural area, congestion of main traffic arteries and improve accessibility of public transportation. There are six plans are included: 1. Intelligent transportation safety plan; 2. Relieve congestion on major traffic arteries; 3. Make transportation more convenient in Eastern Taiwan and remote areas; 4. Integrate and share transportation resources; 5. Develop “internet-of-vehicles” technology applications; and 6. Fundamental R&D for smart transportation technology .

These plans promote research and development of smart vehicles and safety intersections, develop timely bus and traffic information tracking system, build safe system of shared, safe and green-energy smart system, and subsidize the large vehicles to install the vision enhancement cameras to improve safety of transportation. These plans also use eTag readers, vehicle sensors and infocommuncation technologies to gather the traffic information and provide timely traffic guidance, reduce the congestion of the traffic flow. These plans try to use demand-responsive transit system with some measures such as combine public transportation and taxi, to improve the flexibility of the public traffic service and help the basic transportation needs of residents in eastern Taiwan and rural areas to be fulfilled. A mobile transport service interface and a platform that integrating booking and payment processes are also expect to be established to provide door-to-door transportation services and to integrate transportation resources. And develop demonstration projects of speed coordination of passenger coach fleets, vehicle-road interaction technology and self-driving car to investigate and verify the issues in technological, operational, industrial, legal environments of internet-of-vehicles applications in our country. Last but not least, research and develop on signal control systems that can be use in both two and four-wheeled vehicles, and deploy an internet-of-vehicles prototype platform and develop drones traffic applications

These plans are expected to reduce 25% traffic congestion, 20% of motor vehicle incidence, leverage 10% using rate of public transportation, raise 20% public transportation service accessibility of rural area and create NT$30 billion production value. After accomplishing these targets, the government can establish a comprehensive transportation system and guide industry development of relating technology areas

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THE MINISTRY OF SCIENCE AND TECHNOLOGY PROPOSE STRATEGY FOR ARTIFICIAL INTELLIGENCE SCIENTIFIC RESEARCH TO CONSTRUCT INNOVATION AND DEVELOPMENT ENVIRONMENT OF AI

The Ministry of Science and Technology (MOST) reported strategy plan for artificial intelligence (AI) scientific research at Cabinet meeting on August 24, 2017. Artificial intelligence is a powerful and inevitable trend, and it will be critical to R.O.C.’s competitiveness for the next 30 years.

The ministry will devote NT$16 billion over the next five years to building an AI innovation ecosystem in R.O.C.. According to MOST, the plan will promote five strategies:

  1. Creating an AI platform to provide R&D services
    MOST will devote NT$5 billion over the next four years to build a platform, integrating the resources, providing a shared high-speed computing environment and nurturing emerging AI industries and applications.
  2. Establishing an AI innovative research center
    MOST will four artificial intelligence innovation research centers across R.O.C. as part of government efforts to enhance the nation’s competitiveness in AI technology. The centers will support the development of new AI in the realms of financial technology, smart manufacturing, smart health care and intelligent transportation systems.
  3. Setting up AI robot maker spaces
    An NT$2 billion, four-year project assisting industry develop hardware-software integration of robots and innovative applications was announced by the Ministry of Science and Technology.
  4. Subsidizing a semiconductor “moonshot” program to explore ambitious and groundbreaking smart technologies
    This program will invest NT$4 billion from 2018 through 2021 into developing semiconductors and chip systems for edge devices as well as integrating the academic sector’s R&D capabilities and resources. the project encompasses cognitive computing and AI processor chips; next-generation memory designs; process technologies and materials for key components of sensing devices; unmanned vehicles, AR and VR ; IoT systems and security.
  5. Organizing Formosa Grand Challenge competitions
    The program is held in competitions to engage young people in the development of AI applications.

The government hopes to extend R.O.C.’s industrial advantages and bolster the country’s international competitiveness, giving R.O.C. the confidence to usher in the era of AI applications. All of these efforts will weave people, technologies, facilities and businesses into a broader AI innovation ecosystem.

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RECENT DEVELOPMENTS

INNOVATION, TECHNOLOGY RESEARCH, AND TECHNOLOGICAL MANPOWER- AN OVERVIEW OF INTERNATIONAL TRENDS

Abstract

With the coming of the Innovation-based economy era, technology research and fostering of scientific and technological manpower 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 High-tech Manpower but also has dedicated to developing and structuring their related measure for deepening the Industry-University collaboration. By doing so, they hope to fostering of technological manpower and promoting 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, EU, and Japan, using qualitative method to introduce the important policy of improving advanced and talented individuals and funding projects internationally. The paper will further analyze the feature and functionally of R&D Manpower projects in the said countries, and finally propose the systematic model internationally, with the ultimate goals of cultivating superior, innovative manpower and boosting Taiwan's international competitiveness.

Keywords: Innovation, Technology Research and Development, Technological Manpower

<Source: Wang, Yi-Ting, Innovation, Technology Research, and Technological Manpower- An Overview of International Trends, Science and Technology Law Review Vol. 29 No. 9, Sep. 2017 p.p. 24-51>

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THE DEVELOPMENT OF PERSONAL DATA PROTECTION OF AUTOMATED DRIVING AND INTELLIGENT TRANSPORTATION SYSTEM IN EUROPEAN UNION AND GERMANY

Abstract

With the digitization of the transport sector, the Automated driving and Intelligent Transportation System is emerging and rapidly developing. In the near future, the communication by digital connectivity between vehicles and between vehicles and transport infrastructure will help drivers to take the right decisions and adapt to the traffic situation, and can expect significant improvements in road safety, traffic efficiency and driving comfort. As well as transporting people and parcels automated vehicles will collect vast amounts of data, which will increase the risks of the misuse of user’s personal data and privacy leak. As a result, it becomes an important issue to ensure that personal data is lawfully collected, processed, and used, while at the same time to allow reasonable and proper use of such data in order to enhance administrative efficiency and promote business innovation. Therefore, this article plans to analyze the data protection laws and practical experience of Automated driving and Intelligent Transportation System in EU and Germany, and hopes to provide some guidance on the promotion of Automated driving and Intelligent Transportation System for Taiwan

Keywords: Policy of Technology Innovation, Experimental Equipment, Industry-Academic Cooperation

<Source: Lee, Tsu-Shao, Regulations of sharing national experimental equipments in the US, Japan, and Korea, Science and Technology Law Review Vol. 29 No. 4, Apr. 2017 p.p. 52-68>

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AN ESSAY ON THE DEVELOPMENT OF EHEALTH REGULATION AND POLICY UNDER THE EU LEGAL SYSTEM

Abstract

eHealth is generally defined as the use information and communication technology for health. The stakeholders in eHealth may include patients, physicians, healthcare providers, and citizens. In the EU, it is constantly developing eHealth policies, which encompasses two main strategies: 1)The Digital Single Market strategy;2) eHealth Action Plan 2012-2020. The first strategy targets ICT standards and interoperability and encourages the free movement of digital services and goods within the EU. The second eHealth Action Plan 2012-2020 focuses on the supporting of research, development and innovation and achieving wider eHealth services as well. However, it has become more important to develop and review the regulatory framework in the word eHealth. This study is to analyze the issue of data protection and big data and would make some accommodations to remove barriers in eHealth.

Keywords: Automated driving 、Cooperative Intelligent Transport Systems、Personal Data Protection

<Source: Pan, Chun-Liang, Innovation, The Development of Personal Data Protection of Automated driving and Intelligent Transportation System in European Union and Germany, Science and Technology Law Review Vol. 29 No. 9, Sep. 2017 p.p. 52-69>

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