IP/N/1/TPKM/6  
 
22 April 2014  
(14-2437)  Page: 1/5  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , KINMEN AND MATSU 
By means of a communication received on 15 Apri l 2014, the Delegation of the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu ha s submitted the following updated notifications 
of its Main dedicated intellectual property laws and regulations, and of its Other laws and regulations under Article 63.2 of the Agreement.   
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In accordance with Article 63.2 of the TRIPS Ag reement, attached is information regarding the 
amendment of the Patent Act, the Copyright Act, the Copyright Collective Management 
Organization Act, the Trade Secrets Act and the Integrated Circuit Layout Protection Act to the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.  
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
 
TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Patents  
Patent Act1 
 Amended on January 22, 2014; entered into 
force on March 24, 2014 The basic law for the protection of patents. 
 
Copyrights 
 
Copyright Act2 
 Amended and entered into force on January 22, 2014 The basic law for the protection of copyrights. 
Copyright Collective Management Organization 
Act3 
 
Amended and entered into force on February 10, 2010 The basic law for the copyright collective 
management organizations. 
                                               
1 See document IP/N/1/TPKM/P/5. 
2 See document IP/N/1/TPKM/C/10. 
3 See document IP/N/1/TPKM/C/11. IP/N/1/TPKM/6 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 
Undisclosed Information 
 
Trade Secrets Act4 
 Amended on January 30, 2013; entered into force on February 1, 2013 The basic law for the protection of trade secrets. 
Layout-designs  
Integrated Circuit La yout Protection Act5 
 
Amended and entered into force on 
June 12, 2002 The basic law for the protection of topographies. 
 
 
                                               
4 See document IP/N/1/TPKM/U/2. 
5 See document IP/N/1/TPKM/L/3. IP/N/1/TPKM/6 
 
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ANNEX 
OTHER LAWS AND REGULATIONS 
 
TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 
Patents 
 
Regulations of Patent Fees 
 Revised and promulgated on January 2, 2014; effective on January 1, 2014 Pursuant to Paragraph 1, Article 146 of the 
Patent Act, amounts of each item of patent fee 
and methods of collection are prescribed in this Regulation. 
Regulations Governing Invention and Creation 
Awards 
 Revised on March 6, 2014; effective on 
January 1, 2014 Pursuant to Article 144 of the Patent Act, rules 
governing awards for the creations of inventions, 
utility models, or designs to encourage those who pursue in inventions and creations of utility 
model or design are prescribed in this 
Regulation. 
Regulations Governing Customs Detaining Goods 
Suspected of Patent Infringement 
 Promulgated and effect ive on March 24, 2014 Pursuant to Article 97-4 of the Patent Act, 
regulations concerning the border protection are stipulated. 
 Trademarks  
Implementation Regulations for Customs to 
Detain Articles Infringing the Rights in the 
Trademark 
 Revised, promulgated and effective on August 2, 2012 Pursuant to Paragraph 1, Article 78 of the 
Trademark Act, procedures to detain suspected 
articles are prescribed in this Regulation. 
Regulations Governing Customs Measures in 
Protecting the Rights and Interests of Trademark 
 
Promulgated and effective on July 9, 2012 Pursuant to Paragraph 2, Article 78 of the 
Trademark Act, procedures of Customs measures 
to protect trademark are prescribed in this 
Regulation. 
Regulations Governing the Implementation of 
Filing Trademark Applications and Services by 
Electronic Means 
 Revised and promulgated on December 6, 2013; effective on December 1, 2013 Pursuant to Article 13 of the Trademark Act, 
rules governing the implementation of applications and services processed electronically 
are prescribed in this Regulation. 
 
Copyrights  
 
Regulations Governing Registration and Review 
of Pledges of Copyright 
 Promulgated and effective on September 24, 2010 Pursuant to Paragraph 3, Article 23 of the Law 
for the Development of the Cultural and Creative 
Industries, rules concerning the registration and 
review of the creation, assignment, alternation, extinguishment or restriction of disposition, of a 
pledge of economic rights are prescribed in this 
Regulation. IP/N/1/TPKM/6 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
Regulations Governing Application for Approval 
of License of Works of Unknown Owner of 
Copyrights and Royalties for Use Thereof 
 
Promulgated and effective on 
September 24, 2010 Pursuant to Paragraph 5, Article 24 of the Law 
for the Development of the Cultural and Creative 
Industries, rules concerning the application for approval of licenses and the royalties of unknown 
owner’s works are prescribed in this Regulation.  
Regulations for Application Fee Concerning 
Licensing of Works for the Use of Works of 
Unknown Owners of Copyrights 
 Promulgated and effective on 
September 24, 2013 Pursuant to Article 10 of the Charges and Fees 
Act, standards of application fees for the 
licensing of unknown owner’s works are prescribed in this Regulation. 
Regulations for Application Fee Concerning 
Registration of Pledges of Copyright 
 Promulgated and effective on 
September 24, 2013 Pursuant to Article 10 of the Charges and Fees 
Act, standards of application fees for registering pledges of economic rights are prescribed in this Regulation. 
Regulations Governing Implementation of ISP 
Civil Liability Exemption 
 Promulgated and effective on 
November 17, 2009 Pursuant to Article 90-12 of the Copyright Act, 
rules concerning the exemption of the ISP’s civil 
liability are prescribed in this Regulation. 
Regulations Governing Registration of Plate 
Rights 
 Revised, promulgated and effective on November 5, 2003 Pursuant to Paragraph 5, Article 79 of the 
Copyright Act, rules concerning the registration 
of a plate rights are prescribed in this Regulation.
 
Regulations Governing Application for Approval 
of Compulsory License of Musical Works and 
Royalties for Use Therefore 
 Revised, promulgated and effective on 
February 20, 2002 Pursuant to Paragraph 2, Article 69 of the 
Copyright Act, rules concerning the application 
for approval of compulsory licenses and royalties 
of musical works are prescribed in this Regulation. 
Regulations of Copyright Dispute Mediation 
 Revised, promulgated and effective on April 14, 2004 Pursuant to Article 83 of the copyright Act, rules 
concerning the settlement of copyright disputes 
by mediation are prescribed in this Regulation. 
Implementation Regulations for Suspension of 
Release of Goods Infringing on Copyright or Plate 
Rights by Customs Authorities 
 Revised, promulgated and effective on January 27, 2005 Pursuant to Article 90-2 of the Copyright Act, 
procedures concerning the detention and release of goods infringing copyrights or plate rights are 
prescribed in this Regulation. 
Regulations for Copyright Collective Management 
Organization Fees 
 Revised, promulgated and effective on 
February 26, 2010 Pursuant to Article 10 of the Charges and Fees 
Act, standards of application fees for establishing a copyright collective ma nagement organization 
or adding its new categories of work to be 
managed are prescribed in this Regulation. 
Standards for Application Fees Related to 
Copyright Affairs 
 Revised, promulgated and effective on 
April 12, 2010 Pursuant to Paragraph 2, Article 105 of the 
Copyright Act, standards of application fees 
related to copyrights are prescribed. IP/N/1/TPKM/6 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
Organization Regulations for the Copyright 
Review and Mediation Committee of the 
Intellectual Property Office, Ministry of Economic 
Affairs 
 Revised, promulgated and effective on August 24, 2010 Pursuant to Article 83 of the Copyright Act, rules 
concerning the composition and operation of the 
Copyright Review and Mediation Committee are prescribed in this Regulation. 
Directions Defining the Concept of the 
Subparagraphs of Paragraph 3 of Article 80-2 of 
the Copyright Act 
 Promulgated and effect ive on March 23, 2006 Pursuant to Paragraph 4, Article 80-2 of the 
Copyright Act, definitions of the relevant concepts in Paragraph 3 of the Article 80-2 of the 
Copyright Act are prescribed in this Direction. 
 
Layout-designs  
Rules for Integrated Circuit Layout Fees 
 
Promulgated and effective on February 11, 1996 Pursuant to Article 83 of the Integrated Circuit 
Layout Protection Act, standards of fees of application, registration and issuance are 
prescribed. 
Rules Governing Assessment and Mediation 
Committee for Integrated Circuit Layout 
 
Promulgated and effective on 
November 17, 1999 Pursuant to Paragraph 2, Article 36 of the 
Integrated Circuit Layout Protection Act, rules 
concerning the composition and operation of the Assessment and Mediation Committee for 
topographies are prescribed. 
 
  
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