WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/E/2
25 June 2002
(02-3513)
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 Optical Disk Management Statute, as
notified by the Separate Customs Territory of Ta iwan, 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 de la Loi sur la gestion des disques optiques, qui a été
notifiée par le Territoire douanier distinct de Taiwan, Penghu, Kinmen et Matsu au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual 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 texto
1 de la Ley de Gestión de los Discos Ópticos,
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/E/2
Page 2
THE OPTICAL DISK MANAGEMENT STATUTE
(Promulgated November 14, 2001 per Orde r ref. Hwa-Tzong-1-Yi-Tze-No.9000223480 )
[Translation]
Article 1
The management of optical disks shall be governed by this Law.  Issues not addressed by this Law
shall be governed by other applicable laws.
Article 2
For purposes of this Law, the following terms shall be defined as below:
1. Optical disk
A pre-recorded optical disk and blank optical disk
2. Pre-recorded optical disk
A CD, CD-ROM, DVD, DVD-ROM, LD, MD, VCD a nd any pre-recorded optical disk listed by
the competent authority in a public notice.
3. Blank optical disk
A CD-R, CD-W and CD-RW.
4. Stamper
A metal disk completed by a mastering device for the manufacture of optical disks.
5. SID code
An identification code issued by the competent authority for identifying the manufacturing source
of optical disks or stampers.
6. Business entity
A company, sole proprietorship, partnership, individual or organization engaging in themanufacture of optical disks and stampers.IP/N/1/TPKM/E/2
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7. Manufacture/manufacturing/manufactured
Production and manufacture of optical disks or stampers by implement for manufacture using rawmaterials
8. Implement for manufacture
I
njection molding  machine and mold for the manufacture of optical disks, laser beam recorder
system for stampers, and other implement as listed by the competent authority in a public notice.
Article 3
For purposes of this Law, the competent authority denotes the Ministry of Economic Affairs.
Article 4
A business entity shall acquire from the competent authority by application a license for the
manufacture of pre-recorded optical disks prior to such manufacture.
A business entity shall file a declaration with the competent authority prior to manufacturing blank
optical disks.
Regulations governing the procedures and contents, necessary documents, and other matters to be
complied with in respect of the application and declaration under the preceding two paragraphs shallbe determined by the competent authority.
Article 5
The competent authority shall not grant any application which a business entity files for a license in
accordance with the first paragraph of the preceding article under any of the following circumstances:
1. Where the sentence passed by the court in a final and conclusive judgment on the responsible
person of the business entity convicted of a violation of this Law or a copyright infringementoffense is not completed or was completed less than five years ago; or
2. Where the license for the manufacture of pre-recorded optical disks was revoked or nullified by the
competent authority less than five years ago.IP/N/1/TPKM/E/2
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Article 6
A license for the manufacture of pre-recorded optica l disks shall specify the following material facts:
1.License number;2. Name and address of the business entity, and name and residence or domicile of the responsible
person;
3. Name, residence or domicile of the responsible person of the manufacturing premises;4.Address of the manufacturing premises; and5. Others as listed by the competent authority in a public notice.The responsible person of the business entity shall apply for amendment in advance of any change in
the material facts under subparagraphs 2 to 5 of the preceding paragraph.
A business entity shall display its license under the first paragraph at a conspicuous place of the
premises.
Article 7
The competent authority may cancel the license for the manufacture of pre-recorded optical disks as
granted to a business entity which, after its acquisition of such license pursuant to the first paragraphof Article 4, is discovered to have provided materially untrue application information.
Article 8
A business entity shall maintain client orders, written licenses granted by right holders, 
contents of the
pre-recorded optical disks being manufactured, and other information for at least three years.
Article 9
A business entity shall manufacture pre-recorded optical disks only at the address of the premises
specified on the license.
Article 10
No business entity shall manufacture pre-recorded optical disks without acquiring by application an
SID code from the competent authority in addition to the license under the first paragraph of Article 4.IP/N/1/TPKM/E/2
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Each pre-recorded optical disk above shall be inscribed with an SID code.  No false or untrue
inscription is allowed.
No SID code issued in accordance with the first paragraph shall be made available to others for
purposes of inscription on pre-recorded optical disks.
Regulations governing the application procedure, manner of inscription, necessary documents, and
other matters to be complied with in respect of the SID code under the first and second paragraphsshall be determined by the competent authority.
Article 11
A business entity shall acquire SID codes from the competent authority by application prior to its
manufacture of stampers for the pre-recorded optical disks described in the first paragraph of thepreceding article.
Each stamper above shall be inscribed with an SID code.  No false or untrue inscription is allowed.No SID code issued in accordance with the first paragraph shall be made available to others for
purposes of inscription on stampers.
Regulations governing the application procedure, manner of inscription, necessary documents, and
other matters to be complied with in respect of the SID Code under the first and second paragraphsshall be determined by the competent authority.
Article 12
A declaration shall be filed with the competent authority in advance for the importation and
exportation of implement for manufacture.
Regulations governing the procedure, necessary documents, and other matters to be complied with in
respect of the above declaration shall be determined by the competent authority.
Article 13
The competent authority may issue warrants to dispatch officers to optical disk or stamper
manufacturing premises and other relevant premises  for inspection to confirm compliance with the
first and second paragraphs of Article 4, the second and third paragraphs of Article 6, and Articles 8through Article 12, and to request relevant information be submitted.  No evasion, obstruction orIP/N/1/TPKM/E/2
Page 6
refusal by the responsible person or practitioners of such premises is allowed.  The police authority
may be requested to dispatch officers to offer assistance.
Article 14
The competent authority may appoint or commission other administrative authorities to handle
matters pertaining to the issuance of licenses for the manufacture of pre-recorded optical disks andSID codes, filing for declaration of the importation and exportation of implement for manufacture,and inspection of manufacturing premises of optical disks and stampers and other relevant premises.
Article 15
Anyone violating the first paragraph of Article 4 by manufacturing pre-recorded optical disks absent a
license shall be ordered to suspend the manufacture, apply for a license within fifteen days, andsentenced to a fine between NT$1,500,000 and NT$3,000,000.  Where the manufacture is notsuspended or application is not filed within the prescribed time limit, a further suspension order and afine between NT$3,000,000 and NT$6,000,000 shall be imposed.  Failure to comply with such furtherorder will be subject to imprisonment between one and three years and a possible penalty betweenNT$3,000,000 and NT$6,000,000.
Anyone violating the second paragraph of Article 4 by failing to file a declaration of its manufacture
of blank optical disks shall so file within 30 days and sentenced to a fine between NT$300,000 andNT$600,000.  Failure to so file within the prescribed time limit will be subject to successivepunishment 
for each instance of violation until the declaration is filed.
Implement available exclusively for the manufacture of the pre-recorded optical disks under the first
paragraph, and the finished products and semi-finished products of such optical disks, whether ownedby the doer or the perpetrator, may be confiscated or seized.
Article 16
Anyone violating Article 9 by manufacturing pre-reco rded optical disks at an address other than the
one specified on the license shall be ordered to suspend the manufacture and sentenced to a finebetween NT$1,000,000 and NT$2,000,000.  Refusal to comply  with such order shall be subject to a
further suspension order and a fine between NT$2,000,000 and NT$4,000,000.  Failure to complywith such further order will be subject to not more  than two years' imprisonment, detention, or in lieu
thereof or in addition thereto, a fine between NT$2,000,000 and NT$4,000,000.IP/N/1/TPKM/E/2
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Article 17
Anyone committing any of the violations set forth below shall be ordered to suspend the manufacture
and sentenced to a fine between NT$1,500,000 and NT$3,000,000:
1. Violation of the first paragraph of Article 10 by manufacturing pre-recorded optical disks without
acquiring by application SID codes;
2. Violation of the second paragraph of Article 10 by manufacturing pre-recorded optical disks
without the inscription of SID codes or with untrue or false inscription; and
3. Violation of the third paragraph of Article 10 by making SID codes available to others for purposes
of inscription on pre-recorded optical disks.
Where any of the above violations is committed after a suspension order or a fine is imposed pursuant
to the preceding paragraph, a further suspension order and a fine between NT$3,000,000 andNT$6,000,000 shall be imposed.  Failure to comply with such further order will be subject to notmore than two years' imprisonment, detention, or in  lieu thereof or in addition thereto, a fine between
NT$3,000,000 and NT$6,000,000.
The finished and semi-finished products as uncovered of the pre-recorded optical disks under the
preceding two paragraphs, whether owned by the doer or the perpetrator, shall be confiscated orseized.
The competent authority shall revoke the license of a person having been convicted by the court in a
final and conclusive judgment of any of the viol ations set forth in the first or second paragraph.
Article 18
Anyone violating the second paragraph of Article 6 by failing to apply for amendment in advance
shall be sentenced to a fine between NT$1,500,000 and NT$3,000,000 and imposed a time limit offifteen days to submit such application.  Failure to submit such application within such time limit shallbe subject to successive punishment 
and prescription of a time limit for said application for each
instance of violation until the application is duly completed.
Anyone violating the third paragraph of Article 6 by failing to display the license at a conspicuous
place of the premises shall be imposed a time limit of fifteen days to cure the violation.  Failure to socure within such time limit shall be subject to a fine between NT$300,000 and NT$600,000 and afurther order to cure within a prescribed time limit of fifteen days.  Failure to so cure within suchIP/N/1/TPKM/E/2
Page 8
further time limit shall be subject to prescription of a time limit for cure and successive punishment
for each instance of violation until the violation is completely cured.
Article 19
Anyone violating Article 8 by failing to maintain information shall be sentenced to a fine between
NT$1,500,000 and NT$3,000,000 and imposed a time limit of fifteen days to cure the violation.Failure to so cure within such time limit shall be subject to 
prescription of a time limit for cure and
successive punishment for each instance of violation until the violation is completely cured.
Article 20
Anyone committing any of the violations set forth below shall be sentenced to a fine between
NT$1,500,000 and NT$3,000,000:
1. Violation of the first paragraph of Article 11 by manufacturing stampers without acquiring by
application SID codes;
2. Violation of the second paragraph of Article 11 by manufacturing stampers without the inscription
of SID codes or with untrue or false inscription; and
3. Violation of the third paragraph of Article 11 by making SID codes available to others for purposes
of inscription on stampers.
Article 21
Anyone violating the first paragraph of Article 12 by exporting or importing implement for
manufacture without making a report or a true report shall be sentenced to a fine between NT$1,500,000 and NT$3,000,000 and prescribed a time limit of fifteen days to apply for registration.Failure to so apply within such time limit shall be subject to 
prescription of a further time limit for
application and successive punishment for each instance of violation until the application is duly
completed.
Article 22
Anyone violating Article 13 by evading, obstructing or refusing inspection shall be sentenced to a fine
between NT$ 1,500,000 and NT$3,000,000.IP/N/1/TPKM/E/2
Page 9
Article 23
The owner of the implement of pre-recorded optical disks imported prior to the enforcement of this
Law shall report to the competent authority within si x months of the date of enforcement of this Law
for the record, otherwise, a fine between NT$300,000 and NT$600,000 shall be imposed.
Article 24
Should anyone be discovered by the Customs to ha ve exported pre-recorded optical disks without
inscribing SID codes thereon, the Customs shall, pursuant to the Customs Preventive Law, impose afine, seize the optical disks, and request the competent authority by notice enclosed with samples ofthe seizures to take action by the applicable legislation.
Article 25
Fines meted out pursuant to this Law shall be paid within a prescribed time limit of three months,
otherwise, the matter shall be subject to compulsory execution by law.
Article 26
A business entity already engaging in the manufactu re of pre-recorded optical disks prior to the
enforcement of this Law shall obtain by application a license from the competent authority within six
months of the date of enforcement of this Law, otherwise, the business entity will be 
deemed to have
manufactured pre-recorded optical disks  absent a license.
A business entity already engaging in the manufacture  of blank optical disks prior to the enforcement
of this Law shall report to the competent authorit y within six months of the date of enforcement of
this Law, otherwise, the business entity will be deemed not to have made a report.
Article 27
A business entity having acquired SID codes from an agency other than the competent authority prior
to the enforcement of this Law shall submit an ap plication to the competent authority within six
months of the date of enforcement of this Law for the record, otherwise, the business entity will bedeemed to have failed to acquire by application SID codes.
Article 28
This Law shall be enforced as of promulgation.
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