WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/C/8
25 June 2002
(02-3503)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Regulations Governing Registration of Plate
Rights, as notified by the Separate Customs Terr itory of Taiwan, Penghu, Kinmen and Matsu, under
Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte
1 du Règlement relatif à l'enregistrement des droits de
reproduction, qui a été notifié par le Territoire douanier distinct de Taiwan, Penghu, Kinmen et Matsuau titre de l'article 63:2 de l'Acco rd (voir le document IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto1 del Reglamento relativo al registro de
derechos de impresión, notificado por el Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y
Matsu de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/C/8
Page 2
REGULATIONS GOVERNING REGISTRATION OF PLATE RIGHTS
Promulgated on February 23, 1998 per Letter No. Tai-(87)-Nei-Chu- Tze 8785536.
Article 1
These regulations are prescribed in accordance with Paragraph 4 of Article 79 of the Copyright Law
(hereinafter referred to as "the Law").
Article 2
Application for registration of plate rights shall be filed by the plate-maker with the competent
authority.
Article 3
The following documents shall be submitted in applying for registration of plate rights:
1. A written application for registration of plate rights;
2. Evidential documents certifying that the plated literary work or artistic work has no economic
rights or that such rights have expired;
3. The original copy of the plated literary work or the original of the plated artistic work; and
4. A statement describing in detail the process of the said plate, together with one sample of the plate
work.
In the absence of the evidential documents as set forth in item 2 of the preceding paragraph, an
affidavit shall be submitted, stating that the plated literary work or artistic work has no economic
rights or that such rights have expired.
Article 4
In applying for registration of plate rights, the written application shall indicate the following
particulars and shall be signed or sealed by the applicant or his/her agent:
1. The name, date of birth and address of the applicant; or, where the applicant is a juridical person,
the appellation, date of establishment, address of the applicant and the name of the representative;
2. Where the application is filed by an agent, the name and address of the agent; or, where the agent is
a juridical person, the appellation and address of the agent and the name of the representative;
3. The title of the plate work;4. The category of the plate;
5. The title of the original work which is plated and the name/appellation of the original author;6. The name/appellation and nationality of the plate-maker; andThe date the plate-making was completed.IP/N/1/TPKM/C/8
Page 3
Article 5
In applying for registration of plate rights, a plate work which shall be examined pursuant to the law
shall be accompanied with the approval documents issued by the relevant competent authority.
Article 6
Where an applicant applies for registration of plate rights by presenting foreign official documents,
such documents shall be authenticated by the overseas Embassy, consulate, representative office,
branch office, or other institute stationed overseas authorized by the Ministry of Foreign Affairs of the
Republic of China, or shall be verified by a court of the Republic of China.
Where the documents presented by an applicant are in foreign language, a Chinese translation thereof
shall be submitted.
Article 7
Where an applicant presents documents which are issued by people, juridical persons, organizations
or other agencies in mainland China, such documents shall be authenticated by the agency establishedor appointed by the Executive Yuan or the private organization commissioned by the Executive Yuan.
Article 8
Where it is practically inconvenient or impossible to submit the original copy of a literary work or the
original of an artistic work due to the huge size or voluminousness, fragility, expensiveness, or other
special situations of such work, the applicant ma y apply to the competent authority for exemption
from submission of the work, or submit a detailed statement describing the said original copy or
original, a set of photographic pictures from four, five, or six viewpoints, or other substitutes.
Where the sample copy of a plate work has any condition as set forth in the preceding paragraph, the
applicant may apply to the competent authority for its approval of the submitting part of the samplecopy.
Article 9
A sample copy of a plate work shall, in the appropriate place, indicate the following particulars:
1. The title of the original work which is plated and the name/appellation of the original author;
2. The name/appellation of the plate-maker; and3. The date the plate-making is completed.
The matter as set forth in item 1 of the preceding paragraph may be omitted if the original work did
not indicate such matter.
Article 10
Under any of the following circumstances, the comp etent authority shall notify the applicant to make
up the situation by a given deadline:
1. Where the applicant failed to pay the prescribed application fee, registration fee and/or publication
fee;
2. Where the particulars required to be indicated in the written application for registration of plate
rights are not indicated or incompletely indicated;IP/N/1/TPKM/C/8
Page 4
3. Where the documents required to be submitted are lacking; or
4. Other situations that need to be made up.
Article 11
Under any of the following circumstances, the comp etent authority shall reject the application, and
provide a written statement of reasons:
1. Where the applicant is not a person as set forth in Article 2;
2. Where the particulars indicated in the written application conflict with its evidential documents,
detailed statements describing the process of plate-making, or sample copy;
3. Where the items requested in applying for registration conflict with the provisions of paragraph 1,
Article 79 of the Law;
4. Where an objection was made by an interested party, and its contents involve a dispute over private
rights;
5. Where the plate-making was completed more than ten years;6. Where the sale or dissemination of the plate work is prohibited under the relevant law;
7. Where the items requested in applying for registration are untrue; or
8. Where the competent authority has, in accordance with the preceding Article, set a deadline for
make-up, but the applicant failed to make up or failed to fully make up by the deadline.
Article 12
In approving the registration of plate rights, the comp etent authority shall, in addition to recording the
particulars for registration in the Register and publishing the registration in an official gazette, give
the applicant a written notice enclosed with a transcript of the Register.
Article 13
If any error in the particulars contained in the appl ication for registration is found after the plate rights
have been registered, the plate-proprietor may request for correction of such an error by presenting
evidential documents.
Article 14
Where there are mistakes or omissions made by the competent authority during the registration of
plate rights, the plate-proprietor may request the competent authority to make correction thereof. Thecompetent authority may also initiate such correction and notify the applicant.
Article 15
Where, after the registration of plate rights, the registered particulars have changed and the changes
do not involve the acquisition, forfeiture, or alteration of any right, the plate-proprietor may request
registration of the changes by presenting evidential documents.IP/N/1/TPKM/C/8
Page 5
Article 16
After the competent authority has approved a registration, the applicant shall not request return of the
evidential documents, the detailed statements describing the process of plate-making, and the samplecopy of the plate work, which were submitted along with the application for registration.
The applicant or the producer of the written application, the evidential documents and the detailed
statements describing the process of plate-making referred to in the preceding Paragraph may apply
for review or photocopies of the same. The interest ed parties who present interest-related documents
may also apply for inspection of these documents.
Article 17
Any person may apply for inspection of the plate-right Register and the registered sample copy of a
plate work.
Article 18
Where an application for registration is filed by an agent, a power of attorney or an evidential
document for representation authority shall be submitted. Upon the change or discharge of the agent,the principal shall notify the competent authority in writing.
Article 19
The formats of the application forms for registration of plate rights, Register, and other necessary
forms shall be prescribed by the competent authority.
Article 20
These regulations shall come into force from the date of promulgation.
Note:
This translation is drafted by Lee and Li Attorneys-At-Laws and later revised and concluded by
Ministry of Interior, the then competent authority of the Copyright Law.
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