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Quarterly Legal Newswire,Dec 2017 NO.04

On 2017 December 7th, Executive Yuan approved the “2018 National Development Plan” which proposed by the National Development Council (NDC). This National Development Plan will be proactively executed by government agencies.

The 2018 National Development Plan concludes the main focuses and objectives, which includes:
1. Analyses international and national economic situations and establish overall economic targets for 2018.
2. Improve economic development through six initiatives to accelerate industrial innovations and paradigm shift. The six initiatives include: salaries growth leverage, tax system reform, finance innovation, stimulate investment, regulatory reform and deregulation, continuously implementing Forward-looking Infrastructure Development Program and Five Plus Two Innovative Industries Program.
3. Fulfill five main goals and integrate the spirits of UN Sustainable Development Goals (SDGs). The five goals are: cultural cultivating, green energy island, smart nation, just society, and happy homeland.
4. Enforce international connections and establish global strategy.
5. Establish performance indicators and targets for individual agencies as well as inter-agency efforts; create integrating and comprehensive policies, and responds to the expectations of societies.

This National Development Plan set the 2018 overall economic objectives, including to increase GDP by 2.4 to 2.6%, keep consumer price index(CPI) rising under 2%, and maintain the rate of unemployment at 3.7 to 3.8%. The plan also set a 2018 target GDP between per capita US$25,233 and US$25,307. Under the moderate global economy and external trade growth environment, the 2018 plan emphasizes the vital role of growth that driven by domestic demand, especially the benefits from expanding public and private investment.

Premier Lai said that the NDC had adjusted the way of drafting the plan proposal. For the first time, the NDC not only focused on the major policy issues but also established the performance indicators and objectives for both individual agencies and inter-agency. The National Development Plan is expected to fulfill the top-down leadership, and to make the government policy priorities and commitment to be understood by the public. Premier Lai also encouraged every government agencies should do their best to make the public see their efforts and outcomes from the implementation of this plan.


The Statute for Industrial Innovation was enacted in May 2010. Over the past seven years, the Statute for Industrial Innovation experienced many ways to amend. The Government continued to promote industrial innovation. Recently, Taiwan’s government overhauled the Statute for Industrial Innovation to make it closer with global industrial trends. Now the amended statute was passed by the Legislature November 22, 2017.

The latest set of amendments Consists of the following issue:
A. More R&D investments by state-owned enterprises: The government will encourage state-run enterprises to conduct research and development, the amendments allow them may bypass stipulations of the Government Procurement Act. The provision allows state-run enterprises may claim ownership of the results of their research.
B. Tax breaks for limited partnership venture capital firms: a venture capital firm established in accordance with the Limited Partnership Act will not be subject to business income tax, but profits distributed to the partner will be taxed as personal income of the partner.
C. Tax breaks for angel investors: The angel investors who was start up less than two years old and invest at least NT$1 million in firms determined by local authorities to be innovative may receive a tax deduction equivalent to 50 percent of their investment, up to a maximum of NT$3 million.
D. Tax deferrals on employee stock awards: If an employee receives stock awards from the company, the income tax of employee stock awards may be deferred to the actual year of shares are transferred.
E. Tax deferrals for inventors on stock payouts from academic research institutions: An inventor like professor or researcher may defer income tax payment if they receive a stock payout from an academic research institution. They may defer income tax payment to the year when their shares are transferred.
F. Public procurement of innovation: The “inter-entity supply contract” will be use by the multiple government agencies to procurement of commonly needed software and innovative products and services.
G. Intangible assets valuation mechanism: This provision will establish and maintain a database for the valuation of intangible assets.
H. Compulsory auction of idle land in industrial zones: This provision stipulates that the government will ensure the idle land plots in industrial zones are fully utilized.

According to the above amendments, a few new amendments have been added, the more special one is issue G: Intangible assets valuation mechanism, the amendment will increase the circulation and use of government research and development results on the market. The government hopes that based on the latest amendment to the Statute for Industrial Innovation, regulatory barriers to innovation and start-up enterprises will be eliminated, Taiwan will have a better industrial investment environment and atmosphere, and more opportunities will be brought to emerging industries, so as to inject new power.


The Executive Yuan approved the digital communication bill and the telecommunication service management bill on November 16, 2017.  Those two major communications bills with the Digital Nation and Innovative Economic Development Plan (2017-2025) passed by the Executive Yuan on November 24, 2016, and the planned amendments to the three current media laws—are expected to create an inclusive, dynamic digital society while boosting the growth of the digital economy and its innovative services.

By promoting internet governance and digital infrastructure, R.O.C will be able to create a secure and reliable public telecommunication network, Premier Lai said.

The digital communication bill and the telecommunication service management bill focused summaries as as follows:

  1. The digital communication bill

    A. Public consultation and participation.
    B. The digital communication service provider ought to use internet resource reasonability and revel network traffic control measures.T
    C. The digital communication service provider ought to revel business information and Terms of Service.
    D. The responsibility of the digital communication service provider.

  2. The telecommunication service management bill

A. The telecommunication service management bill change to using registration system.
B. The general obligation of telecommunications to provide telecommunication service and the special obligation of Specific telecommunications.
C. Investment, giving, receiving and merging rules of the telecommunication service.

Telecommunications are optimism of relax rules and regulations, and wish it would infuse new life and energy into the market. The premier Lai instructed the National Communications Commission and other agencies to elucidate the contents of the two communication bills to all sectors of society, and communicate closely with lawmakers of all parties to build support for a quick passage of the bills.

Act for the Recruitment and Employment of Foreign Professionals is approved by the Legislative Yuan of ROC, marking a milestone in Taiwan´s talent recruitment system.

The draft of Act for the Recruitment and Employment of Foreign Professionals drawn up by National Development Council (NDC) was approved by the Legislative Yuan on  Octorber 31, 2017.

Act for the Recruitment and Employment of Foreign Professionals proposes to relax the regulations regarding visa, employment, stay and residence for foreign professionals; and to improve their treatment relating to insurance, tax, and retirement. The Act aims to build a friendly environment that attracts foreign professionals to come to work and live in Taiwan, so as to promote industrial upgrading and transformation, and enhance Taiwan’s international competitiveness. The key measures proposed by the Act are listed as follows:

A.  Relaxation of regulations on work, visa, and residence:

1. Foreign special professionals are able to apply for “Employment Gold Card”, which is more convenient for foreigners to transfer work or seek jobs; the term of such work permits have been expanded from 3 years to five years.
2. Foreign freelance artists are allowed to obtain work permits without applying for them through employers.
3. Cram schools in Taiwan are allowed to hire foreign teachers with expertise or professional skills for teaching.
4. Foreign professionals looking for jobs in Taiwan are eligible to apply for employment-seeking visa.
5. The required minimum duration of stay of 183 days per year for maintaining permanent residency is abolished.

B. Easing of provisions concerning stay or residence of parents, spouses, and children

1. The requirements for spouses, minor children, or disabled adult children of permanent resident foreign professionals applying for permanent residence are eased.
2. When senior foreign professionals apply for permanent residence in Taiwan, their spouses, minor children, or disabled adult children are eligible to apply simultaneously.
3. Requirements are eased for foreign professionals’ adult children who meet the specified conditions to apply for work permits without going through an employer.
4. The visitor visas for the lineal ascendants of foreign professionals are extended to allow for a stay of up to one year at a time.

C. Providing benefits on retirement, insurance, and tax

1. Foreign professionals who have been approved for permanent residence shall be included in the retirement pension system under the Labor Pension Act. A foreign professional who is currently employed as a full-time, qualified, paid teacher in a public school in Taiwan may opt for either a one-time lump sum pension payment or a monthly pension.
2. The requirement of a full six months of residence in Taiwan for spouses, minor children, or disabled adult children of foreign professionals to participate in National Health Insurance as insured persons is abolished.
3. Foreign special professionals who work in Taiwan and have salary income of more than NT$ 3 million a year can deduct half of their salary for taxation for the first 3 years.

The Act and subordinate regulations are expected to be implemented before the lunar new year of 2018. The link of the draft regulations are shown below:

1. 各級學校外國教師工作許可及管理辦法草案

2. 勞動部預告「短期補習班聘僱外國人從事具專門知識或技術教師工作資格及審查標準」草案
3. 外國特定專業人才申請就業金卡許可辦法草案
4. 內政部預告「就業金卡與就業PASS卡及創業家簽證規費收費標準」草案
5. 財政部公告:預告「外國特定專業人才減免所得稅辦法」草案
6. 勞動部預告「外國人申請從事藝術工作許可及管理辦法」草案
7. 外交部預告「外國專業人才申請來臺尋職簽證審查及核發作業辦法」草案
8. 勞動部預告「勞動部受理外國專業人才延攬及僱用法申請案件審查費收費標準」





The purpose of high-technology export control is to prevent undue divulgence of industrial technology and protect industrial technology in order to strengthen the competitiveness of industries and preventing the threat to national security and development of the national economy.

On the other hand, the protection of trade secrets has been more important nowadays. Many countries are finding a way to further reinforce the protection of trade secrets, and to prevent illegal leakage of trade secrets. Thus, hoe to make the best policy decision are controversial and a hot issue.

Many companies are increasingly exposed to the misappropriation of trade secrets. Following the experiences of Japan、Korea、USA and the European Countries, they legislate against the misappropriation of high-technology and trade secrets. This essay will discuss the merit of foreign experiences and make a primary suggestion from the analysis.

Keywords: Trade Secret、the Act on Prevention of Divulgence and Protection of Industrial Technology、Cross-Border Merger & Acquisition、High-technology Export、National Security Review

<Source: Cheng, Jhia-Wen and Sheu, Yu-Ning, An analysis on High-Technology Export Control and Trade Secrets Law, Science and Technology Law Review Vol. 29 No. 12, Dec. 2017 p.p. 30-53>



Public procurement is an important pillar of government services. Because of the huge number of government purchases, government procurement management play an important role in promoting public sector efficiency and building citizenship. Well-designed government procurement systems also help to achieve policy such as environmental protection, innovation, start-ups and the development of small and medium-sized enterprises. Nowadays, countries in the world, especially OECD countries, have been widely practiced with innovative procurement to stimulate innovation and start-ups, and call Innovation procurement can deliver solutions to challenges of public interest and ICTs can play a major role in this. However, in the OECD countries, in addition to the advanced countries that have been developed, many developing countries have also used public procurement to stimulate national R & D and innovation with remarkable results. Israel is one of the world´s leading technology innovation centers, one of the most innovative economies in the world, continues to leverage its own strengths, support of technology entrepreneurship and unique environment, an international reputation in the high-tech industry, the spirit of technological innovation and novelty. Therefore, this article introduce Israel, which has outstanding performance of the economic and industrial development in the Middle East, to implement the specific provisions of government procurement, Challenge Tenders highlighting the specific rules and policies of the Israeli public procurement system, for Taiwan to promote innovative procurement system.

Keywords: Israel, Public Procurement, Innovation, Mandatory Tenders Regulations

<Source: Lin, Pei-Yng, Innovative Practice of Israel´s Government Procurement, Science and Technology Law Review Vol. 29 No. 12, Dec. 2017 p.p. 54-72>



In order to push the economic development, encouraging the research and development (R&D) of technology and find a best way of the transfer of rights are much more important in the making of relevant policies and regulations.

At the preliminary stage of innovation, research personnel, funds and equipments play important roles of the research output. However, at the last stage of research and innovation, how to plan the best way of the transfer of rights (the research output) will be the key point for the good research policy.

This study will analyze and discuss the relevant laws and regulations of China, Japan and Denmark to provide the possible options for strengthening, adjusting or constructing the related issues in the future of Taiwan's technology research and development.

Keywords: Innovation、Research Collaboration、R&D policy、Technology Research and Development

<Source: Lu, Yi-Ching and Sheu, Yu-Ning, A Study on the Academy-Industry Research Cooperation and the Transfer of rights – the case of China, Japan and Denmark, Science and Technology Law Review Vol. 29 No. 11, Nov. 2017 p.p. 51-71>