TAJIKISTAN
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Tajikistan. Reports highlight the absence of effective and transparent procedures to ensure legitimate government use of software. Furthermore, Tajikistan has allocated limited resources to enforcing intellectual property rights (IPR) laws, resulting in the continued circulation of pirated media. It is also reported that over 90% of software and other media products sold in the country are unlicensed copies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240330131504/https://www.state.gov/reports/2023-investment-climate-statements/tajikistan/
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20221201011634/http://www.tjpat.org/implementation.html
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TAJIKISTAN
Since January 2009, entry into force in April 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TAJIKISTAN
Since May 2011, entry into force in August 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TAJIKISTAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.49%
Coverage rate of zero-tariffs on ICT goods (%)
47.81%
Coverage: Digital goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
TAJIKISTAN
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Tajikistan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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TAJIKISTAN
Reported in 2020, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that corruption in public procurement is prevalent, with tax inspections being the most common form of routine corruption encountered by foreign investors.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240401101406/https://zakupki.gov.tj/upload/Docs/zakon_zakupki_ru.pdf
- https://web.archive.org/web/20240330131504/https://www.state.gov/reports/2023-investment-climate-statements/tajikistan/
- https://web.archive.org/web/20210131231336/https://www.state.gov/reports/2020-investment-climate-statements/tajikistan/
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TAIWAN
Since February 1991, last amended in June 2017
Since January 1994, last amended in June 2015
Since November 2001
Since January 1994, last amended in June 2015
Since November 2001
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Fair Trade Act (1991)
Consumer Protection Act (2015)
Electronic Signatures Act (2001)
Consumer Protection Act (2015)
Electronic Signatures Act (2001)
The Fair Trading Act (1991), the Consumer Protection Act (2015), and the Electronic Signatures Act (2001) provide a comprehensive consumer protection framework that also applies to online transactions. The former aims to ensure free and fair competition and promote economic stability and prosperity. In addition, the Consumer Protection Law (2015) has been enacted for distance selling and information marketing. In addition, the Electronic Signatures Law (2001) facilitates secure electronic transactions by recognising the validity of electronic records.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231128161052/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0150002
- https://web.archive.org/web/20221213141125/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0170001
- https://web.archive.org/web/20240414230808/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0080037
- https://uk.practicallaw.thomsonreuters.com/2-500-5464?comp=pluk&transitionType=Default&contextData=%28sc.Default%29
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TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Taiwan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TAIWAN
Since July 1992, as amended September 2020, last amended in June 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Act Governing Relations between the People of the Taiwan Area and the Mainland Area
In August 2020, the Ministry of Economics, through an amendment to Art. 35 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, announced that Taiwanese companies would be prohibited from providing video streaming services originating from Chinese companies or individuals, specifically targeting iQIYI and Tencent, starting from September 2020. The regulation formally banned Taiwanese companies and individuals from acting as agents or distributors for any Chinese over-the-top (OTT) services, including television or other broadcast platforms, such as the digital television channel service Media on Demand.
Coverage Streaming services
Sources
- https://web.archive.org/web/20231225102937/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=Q0010001
- https://web.archive.org/web/20221108221143/https://www.moea.gov.tw/Mns/populace/news/News.aspx?kind=1&menu_id=40&news_id=91016
- https://freedomhouse.org/country/taiwan/freedom-net/2021#footnoteref2_h8081b2
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TAIWAN
Since February 1993, last amended in December 2019
Since March 1994, last amended in October 2023
Since 2022
Since March 1994, last amended in October 2023
Since 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Foreign Trade Act
Regulations Governing Export and Import Of Strategic High-tech Commodities
Regulation Governing Types of Strategic High-Tech Commodities, Specific Strategic High-tech Commodities and Exportation to Restricted Regions
Regulations Governing Export and Import Of Strategic High-tech Commodities
Regulation Governing Types of Strategic High-Tech Commodities, Specific Strategic High-tech Commodities and Exportation to Restricted Regions
Under Art. 13 of the Foreign Trade Act, the export of certain high-tech products designated as "strategic" by the relevant authorities requires a licence. Regarding the documentation and procedures for exporting strategic high-tech commodities, Taiwan provides further guidance in Chapter 3 of the "Regulations Governing Export and Import of Strategic High-Tech Commodities". Additionally, the "Regulations Governing Types of Strategic High-Tech Commodities, Specific Strategic High-Tech Commodities, and Exportation to Restricted Regions" define whether commodities, software, or technology fall under the category of Specific Strategic High-Tech Commodities. Chapter 4 of the Foreign Trade Act outlines criminal and administrative penalties contingent on whether the transaction involves a restricted region. Taiwan's list of strategic high-tech commodities imposes export controls on Russia, Belarus, China, Iran, Iraq, North Korea, Syria, and Sudan by requiring an export permit. The list considers dual-use goods and technologies, general military goods, and specific strategic goods. Some export restrictions include:
- Iran: The exportation of the following goods is prohibited: electronic devices, including mineral ores, semiconductors, circuits, resistors and chips, photovoltaic components, battery cells, machinery parts, pumps, furnaces, and automobile motors.
- Russia and Belarus: Prohibited items include electronic devices such as semiconductors, circuits, resistors and chips, machinery parts, pumps, furnaces, and automobile motors.
- China: Export restrictions apply to 12 categories of semiconductor manufacturing equipment, including chemical mechanical polishers, photoresist strippers and developers, rapid thermal processors, deposition apparatuses, cleaning equipment, dryers, electron microscopes, etchers, ion implanters, photoresist coaters, and lithography equipment.
- Iran: The exportation of the following goods is prohibited: electronic devices, including mineral ores, semiconductors, circuits, resistors and chips, photovoltaic components, battery cells, machinery parts, pumps, furnaces, and automobile motors.
- Russia and Belarus: Prohibited items include electronic devices such as semiconductors, circuits, resistors and chips, machinery parts, pumps, furnaces, and automobile motors.
- China: Export restrictions apply to 12 categories of semiconductor manufacturing equipment, including chemical mechanical polishers, photoresist strippers and developers, rapid thermal processors, deposition apparatuses, cleaning equipment, dryers, electron microscopes, etchers, ion implanters, photoresist coaters, and lithography equipment.
Coverage Strategic high-tech commodities
Sources
- https://web.archive.org/web/20250110182712/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0090004
- https://web.archive.org/web/20250110183102/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0090013
- https://web.archive.org/web/20250110182722/https://www.trade.gov.tw/english/Pages/Detail.aspx?nodeID=298&pid=547919&dl_DateRange=all&txt_SD=&txt_ED=&txt_Keyword=&Pageid=0
- https://www.lexology.com/library/detail.aspx?g=9501c365-2f57-4a05-8296-6f1dfcd53e28
- https://web.archive.org/web/20250110172137/https://www.iea.org/policies/18744-strategic-high-tech-commodities
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TAIWAN
Reported in 2021, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in the country for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). Taiwan allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). The supplier or manufacturer of the equipment declares the equipment meets the technical and administrative requirements on the basis of test reports by a testing laboratory recognized by the regulator. No registration of the equipment with the regulator is required.
Coverage Electronic products
TAIWAN
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 2,000 TWD (approx. 62 USD), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
TAIWAN
Since 1999
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Communications Security and Surveillance Act (通訊保障及監察法)
For law enforcement agencies to access the content of communications, they need either interception warrants or access warrants approved by a court. However, in urgent situations or for specific crimes, the agencies may access the communications without a warrant as long as they obtain it within 24 hours after the surveillance under the Communications Security and Surveillance Act (Art. 11-1). According to a report from the Ministry of Justice, more than 90% of surveillance cases did not require approval from a court. It is reported that the lack of judicial review over surveillance requests has been increasingly normalised.
Coverage Horizontal