In May 2018, some legislators countersigned the Sensitive Technology Protection Bill and proposed it to Legislative Yuan. In the issue of sensitive technology protection, the law in force of Taiwan R.O.C. has built a protection system. In this system, the related rules of sensitive technology protection exist in many acts. To observe roughly, these rules could be differentiated four fields included classified national security information protection （ex: The Classified National Security Information Protection Act）, controlling the flow of goods and fund （ex: Trade Act, Investment Commission, MOEA.）, Government Scientific and Technological Research and Development Results Ownership and Utilization （ex: Scientific and Technological Research and Development Results Ownership and Utilization Regulations legislated by competent authority of technological research and development） and Trade Secrets Act. By these gateways of rules, the system builds a link of sensitive technology protection by many rules, acts, and competent authorities to take on possible gateway of leaking secret and means of stealing secret. The legislators who proposed the Sensitive Technology Protection Bill in 2018 maintained that there are many case that Taiwan’s key technology was stole by foreign person, company or government, and we have to built confidence for foreign company on Taiwan’s protection law of secrets to attract foreign investment, so we have to legislate special law and make a competent authority to response and strengthen the sensitive technology protection law.

Relative to law in force, one of main point in the Sensitive Technology Protection Bill in 2018 was that limiting the definition of sensitive protection technology. In article 2, 3, 4 and 7, the essentials of sensitive technology contain that it was a scientific and technological research and development result, if the result outflow to abroad, it will make large influence to country security and public interests, and the three essentials of the definition of trade secret––secret, valuable and reasonable confidentiality measures. In article 4, the Ministry of Science and Technology has to consult competent authority of types of technology and experts to decide the project of sensitive technology, the country or area which are limited to accept sensitive technology. For controlling the output of specific technologies, the Bill in 2018 regulated that if someone want to output sensitive technology to abroad, he or she has to apply for a license to Ministry of Science and Technology in article 5 and 6. For the confidentiality measure of sensitive technology, Ministry of Science and Technology and competent authority of types of technology have to formulate a regulation for sensitive technology which is not national security information in article 16. Besides, the Bill in 2018 also regulates that the competent authority of types of technology has to prevent increase of damage when sensitive technologies are flow out of country .

The Ministry of Science and Technology （MOST） launched AI Edge semiconductor “moonshot” project on June 28, 2018. This “moonshot” project focuses on the semiconductor processes and development of systems on chips that can be used in the artificial intelligence （AI） and Internet of things （IoT）. The project has two main targets: “researching components and system integration for AI-powered edge computing” and “Building a suitable environment”. The former target expects to use the advantage of Taiwan’s manufacture ability as a world-leading semiconductor provider, to invest in research and development of key technologies. The latter target pursues building a platform and environments in Taiwan for integrated circuits, advanced component manufacturing, and semiconductor manufacturing processes in AI Edge, and cooperating with international enterprises such as Nvidia, Synopsys, and Cadence to commercialize successful research results.

September 27, 2018, MOST reported to Premier Lai about the progress of the “moonshot” project. After receiving the report, Premier Lai indicated that semiconductor industries are critical to the development of Taiwan’s economy, and AI will be the main focus area in the next generation’s industrial and economic development. Premier also supported the action MOST took to connect the “moonshot” project with the “five plus two” innovative industries plan so that our country can elevate competitiveness of supply chains, and strengthen key technologies in semiconductor manufacturing development. The project also invites different academic, research institutions and 62 companies such as Taiwan Semiconductor Manufacturing Co. and MediaTek Inc. to work together, expecting that the industries in Taiwan can make a breakthrough in critical technologies such as 3-nanometer chip process.

MOST said that AI and fifth-generation wireless application are the critical technologies for future everyday life, and IoT devices will introduce new demand for semiconductor production. MOST will work together with the Ministry of Economic Affairs to cultivate top semiconductor production process and chip design talents, actively involve advantage technologies and new industry developments and challenge the limits of 2022 critical technology inventions in smart devices.

On Oct 25, 2018, Premier Lai Ching-te listened to the report from the 2018 Bio Taiwan Committee （BTC）, and said that the BTC was an important policy platform for government’s science and technology development. Premier Lai Ching-te pointed out that Taiwan has many niches in the biomedical industry. For instance, the National Biotechnology Research Park, inaugurating on October 15, will integrate the resources of relevant ministries, contribute to form a clustering effect and drive the overall industrial innovative developments. Taiwan has an excellent medical system and a wealth of clinical techniques, as well as builds a complete human biological database. In addition, there is a national health insurance research database that can be used to plan, monitor and evaluate health care services.

Premier Lai Ching-te further pointed out that the strong foundation of Taiwan's ICT industry has also provided interdisciplinary cooperation between AI and healthcare with an important opportunity to enhance the overall competitiveness of Taiwan's biomedical industry. In recent years, a number of world-renowned technology corporations have come to Taiwan for the sake of establishing medical service partnerships with us. In this circumstance, to cultivate the start-up biotechnology business, the ministries follow up should actively assist local biotechnology companies in working with those international companies to drive transformation.

The board of science and technology stated that the 2018 BTC conference was held in Sep. 2018, and it was the first time that the topic combined the “DIGI+ Program” with the “AI Action Plan”. The conference came to a consensus on the development of the biomedical industry. The government will focus on the long-term layout that can enhance the overall competitiveness of Taiwan's biomedical industry, and promote emerging industries such as digital health, precision medicine, regenerative medicine, and silver-haired welfare. In addition, the government will also lead Taiwan's start-up to leap onto the international stages, and at the same time, introduce emerging technologies in the test field, accelerate the integration of products, services and systems, and promote the development of the local industry.

Cybersecurity Management Act （also probably known as Cybersecurity Administration Act） was passed by the Legislative Yuan in May 2018 and entered into effect in June 2018, and the Enforcement Rules of which also was announced by Executive Yuan in November 2018. The goal of the Act is to promote national policies related to cybersecurity, to construct cybersecurity environment, and to protect relevant public welfare.

Who is being regulated?
There are 2 types of regulatees of the Act:

1. Public agencies, including central and local government bodies, and public juristic entities;
2. Designated non-public agencies:
   （1）Foundations established by governments;
   （2）State-owned enterprises;
   （3）Operators of critical infrastructure. Due to the possible consequential damage or impact if the services fail to be provided, the Act shall be applied to the following industries:
   　　A. Energy;
   　　B. Water resources;
   　　C. Information technology and telecommunication;
   　　D. Transportation;
   　　E. Banking/ financial services;
   　　F. ER and medical services;
   　　G. Science parks.

What obligations should be followed?
The main obligations of both public agencies and designated non-public agencies are as following:

1. Public agencies shall:
   （1）Meet the required level of cybersecurity responsibility （Art.10）;
   （2）Set, amend and implement the cybersecurity maintenance plan in accordance with its possession type, volume, nature of information, and the scale of information communication system （Art. 10）;
   （3）Appoint chief information security officer （Art. 11）;
   （4）Report the implementation status of cybersecurity maintenance plan to the superior authority or to the Executive Yuan on an annual basis （Art. 12）;
   （5）Audit the implementation status of cybersecurity maintenance plan of the inferior authority （Art. 13）;
   （6）Submit a improvement report to the auditing/ superior authority if the implementation of cybersecurity maintenance plan is flawed （Art. 13）;
   （7）Establish a report and emergency response mechanism （Art. 14 I）;
   （8）Report the cybersecurity incident to the superior authority and to the Executive Yuan once upon learning that prescribed incident occurs （Art. 14 II）;
   （9）Submit a full report （including investigation, treatment and improvement） to the superior authority and to the Executive Yuan （Art. 14 III）.
2. Designated non-public agencies shall:
   （1）Meet the required level of cybersecurity responsibility （Art.16 II & 17 I）;
   （2）Set, amend and implement the cybersecurity maintenance plan in accordance with its possession type, volume, nature of information, and the scale of information communication system （Art. 16 II & 17 I）.
   （3）Establish a report and emergency response mechanism （Art. 18 I）;
   （4）Report the cybersecurity incident to the central competent authority once upon learning that prescribed incident occurs （Art. 18 II）;
   （5）Submit a full report （including investigation, treatment and improvement） to the central competent authority, in case of severe incident, to the Executive Yuan as well （Art. 18 III）.
3. Operators of critical infrastructure, compared to other designated non-public agencies, are exclusively obligated to report the implementation status of cybersecurity maintenance plan to the central competent authority, which is correspondently obligated to audit the prescribed report （Art. 16 V）.

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The theory of triple helix innovation model has far-reaching influence on the research of cooperation model of industry, university and research institute. Base on the theory, which explains how to promote industrial innovation and economic growth through mutual assistance and cooperation between industry, university and government.

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Triple Helix Innovation Model、Industry-Academia-Research Cooperation、Research Institute、R&D Foundation、Industry Transformation

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< Source: Pan Chun-Liang, Development and Challenges of Autonomous Driving – Taking the German legal Issues as a Reference, Science and Technology Law Review Vol. 30 No. 12, Dec. 2018 p.p. 48-72 >