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Newsletters and Bulletins / March 1999 / Taiwan |
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Taiwan - Copyright Law Revision In preparation for its desired admission into the World Trade
Organization (WTO), Taiwan has amended its copyright law to try
to comply with the requirements of the TRIPS Agreement. Among
the changes are the following:
1. abolition of the requirement for registration - perversely,
this may have the effect of making copyright enforcement more
difficult since the plaintiff in a copyright suit will apparently
now have to prove ownership of the copyright in suit;
2. compulsory license provisions that applied previously to permit translation into Chinese of works that are the subject of copyright protection have been abolished; 3. contrary to the position previously, in the absence of a written agreement to the contrary, the economic benefit of copyright will vest in an employer or the one who commissioned a work if it is created by an employee or someone who was commissioned to create it; 4. retroactive protection for works of foreign origin that have not hitherto been the subject of protection in Taiwan (which means most works of foreign origin, although US originating works have had some protection under an old Treaty of Friendship and Navigation). However, those who have previously used the work in good faith will be able to continue to do so for up to two years after Taiwan is actually admitted to the WTO; and 5. penalties for copyright infringement have been reduced under the revised law. |
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