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TAIWAN

Since May 1944, entry into force in January 1949, last amended in May 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act
Under Art. 25 of the Patent Act (enacted in 1994), the application form must be filled out in traditional Chinese, including the description, claim(s) and drawing(s). Initially, the description, claim(s), and drawing(s) may be submitted in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. A Chinese translation for the said documents must be submitted within a specified period, or the patent application shall be dismissed. In addition, according to Art. 11 of the Act, an applicant who has no domicile or business establishment in the territory of China shall designate an agent to file patent applications and handle patent-related matters on his/her behalf. Eligible agents shall be limited to patent attorneys unless otherwise provided for by laws and regulations. Furthermore, non-residents cannot make a payment of any fees directly to the Taiwan Intellectual Property Office by any means, whether it be payment by bank account transfer, credit card, or check. The payment has to be made by an appointed representative, either residing or domiciled in Taiwan, such as a patent attorney.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"73387"},{"post_id":"73388"},{"post_id":"73389"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.00"}]

TAIWAN

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)
0.37%
Coverage rate of zero-tariffs on ICT goods (%)
55%
Coverage: Digital goods

TAIWAN

Since March 1997
Since December 2015

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)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Taiwan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

TAIWAN

Since May 1998, last amended in May 2019
Since May 1999, last amended in August 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Government Procurement Act

Regulations Governing the Participation of Foreign Suppliers in the Procurement not Subject to any Treaties or Agreement
Foreign suppliers from countries that are parties to relevant treaties or agreements (e.g., WTO Agreement on Government Procurement) are accorded national treatment and non-discrimination from procuring entities. However, under Art. 17 of the Government Procurement Act (enacted in 1998), procuring entities in Taiwan may ban or restrict the participation of:
- foreign suppliers from countries that are not parties to such agreements; or
- foreign suppliers in procurement activities to which Taiwan is not under any obligation to accord national treatment or non-discrimination.
Furthermore, per Art. 6 of the "Regulations Governing the Participation of Foreign Suppliers in the Procurement not Subject to any Treaties or Agreement," such suppliers are not accorded the equal opportunity to be invited to tender procedures, the equal qualification requirements applicable to domestic suppliers, and the nondiscrimination requirements.
Coverage Horizontal

TAIWAN

Since May 1998, last amended in May 2019
Since May 1999, last amended in July 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Act

Enforcement Rules for the Government Procurement Act
Under Art. 43.1 of the Government Procurement Act, except otherwise prohibited by treaties or agreements, a procuring entity in Taiwan may consider whether or not a supplier is willing to transfer its technology when evaluating a bid, provided that such a measure does not make up more than one-third of the evaluation. This is further specified in Art. 45 of the Enforcement Rules for the Government Procurement Act.
Coverage Horizontal

TAIWAN

Since May 1998, last amended in May 2019
Since May 1999, last amended in August 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Act

Regulations Governing the Participation of Foreign Suppliers in the Procurement not Subject to any Treaties or Agreement
Several procurement mechanisms under the Government Procurement Act are reported to undercut the transparency of the institutional system. First, under Art. 36 of the Government Procurement Act (enacted in 1998), the qualification of foreign suppliers and the qualification documents to be submitted by them may be prescribed separately in the tender documentation only when there are actual needs for procurement rather than being published on a regular basis, creating unpredictability and lack of transparency for foreign suppliers preparing for bids. Second, the requirement set forth in Art. 37 of the Act to procuring entities that the entities must prescribe only the qualifications essential to contract performance does not apply to foreign suppliers (see Art. 6 of Regulations Governing the Participation of Foreign Suppliers in the Procurement Not Subject To Any Treaties or Agreement).
Coverage Horizontal

TAIWAN

Since May 1998, last amended in May 2019
Since May 1999

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Act

Regulations for the Implementation of Price Preference by Local Suppliers
Under Art. 43.2 of the Government Procurement Act, a procuring entity may award a contract to a domestic supplier by preference over a foreign supplier if they both submit the lowest tender. Furthermore, under Art. 44 of the Act, a procuring entity may award a contract to a domestic supplier by preference over a foreign supplier, which submits the lowest tender if the domestic supplier supplies goods with at least 50% of local content.
In such cases, under Art. 5 of Regulations for the Implementation of Price Preference by Local Suppliers (Regulations on Price Preference), the procuring entity can award the contract to the domestic supplier as long as the bid price from the domestic supplier does not exceed the bid price of the foreign supplier that is multiplied by a preferential rate set by relevant government procurement publications (Art. 4-5 of the Regulations on Price Preference). This essentially functions as a price preference in favour of domestic competitors. This means that such a contract may be awarded to the domestic supplier if its bid price exceeds the lowest amount submitted by the foreign supplier and the price is within the preferential amount (Art. 7 of Regulations on Price Preference). This discriminatory scheme does not apply to foreign suppliers in procurement activities that shall be conducted in accordance with a relevant treaty or agreement (Art. 105 of the Act).
Coverage Horizontal

TAIWAN

Since May 1998, last amended in May 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Act
According to Art. 97 of the Public Procurement Act, procuring entities may adopt measures aligned with relevant laws and regulations to support small and medium enterprises (SMEs) by ensuring that a minimum percentage of government procurement value is contracted or subcontracted to them. To facilitate this, a non-binding yearly target percentage (YTP) has been set, currently at 45%. For procurements meeting the threshold for publication, entities may specify that tenderers must be SMEs or encourage the winning bidder to subcontract portions of the contract to SMEs.
Coverage Horizontal

SURINAME

Since 2017

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Suriname has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SURINAME

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
Suriname 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

SURINAME

Since March 2007
N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Decree Low Assets equipment 2007 (Besluit Laag Vermogen Apparatuur 2007)

Directive for the certification of radio devices
According to Arts. 2-4 of the Decree Low Assets Equipment, the TAS (Telecommunications Authority of Suriname) is responsible for issuing permits to have, construct, use, exploit and transmission of electronic equipment. However, the Conformity Assessment Systems in the Republic of Suriname recognise both European (EU) and American (FCC) Standards in accordance with the ISO/IEC 17050-1: 2004 in order to facilitate easy market access. It is reported that the homologation procedure in Suriname requires neither any local laboratory testing nor local representative contact and no additional requirements concerning product labelling have been established by law.
According to the Directive for the certification of radio devices, the following reports must be submitted to proceed with the application for license to the TAS (Telecommunication Authority of Suriname): RF test report and EMC test.
Coverage Electronic products

SURINAME

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Restrictions for imports and exports
It is reported that in February 2021, the Foreign Exchange Commission implemented measures concerning exchange rate policy. These include a requirement for exporters to repatriate earned export revenues to Suriname, necessitating that buyers abroad make payments through a Surinamese commercial bank. Additionally, exporters and foreign exchange offices are mandated to convert 30% of their foreign currency income into Surinamese Dollars (SRD). For imports, the new regulations stipulate that payments must also be made through Surinamese commercial banks.
Coverage Imports and exports

SURINAME

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Suriname does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

SURINAME

Since October 2009

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Terms and Conditions .SR-Domain Names 2009 (Deze Algemene Voorwaarden .SR-domeinnamen ziin 2009)
According to the Art. 3.3 of the Terms and Conditions ".SR" domain names of 2009, domain name applicants who do not reside or are not domiciled in Suriname shall designate an address in Suriname where written documents can be delivered to the domain name applicant and summons, if any, can be issued.
Coverage Horizontal

SURINAME

Since September 2017

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

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