TAIWAN
Since January 1996, last amended in January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act
Trade Secrets Act provides a framework for effective protection of trade secrets. According to Art. 1 of the law, trade secrets are referred to as any method, technology, process, formula, program, design, or other information that may be applied in the course of production, sales, or business operations. The information shall be protected if and only if it is commercially valuable because of its secrecy and reasonable confidentiality measures have been taken to keep it secret. In addition, according to Art. 15, the protection of trade secrets of foreign nationals is based on the principle of reciprocity. In principle, if a foreign national's home country does not deny protection to the trade secrets of Taiwan nationals, and the foreign national's trade secrets meet the requirements of Taiwan's Trade Secret Act, the foreign national will enjoy the protection of such trade secrets under Taiwan's Trade Secret Act.
Coverage Horizontal
TAIWAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Taiwan to deliver telecom services to end users, and it is not practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
TAIWAN
Since June 2019, last amended in June 2023
Since October 1958, last amended in December 2013
Since October 1958, last amended in December 2013
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Management Act (電信管理法)
Telecommunications Act (電信法)
Telecommunications Act (電信法)
According to Art. 36 of the Telecommunications Management Act (2020), foreign ownership in facility-based telecommunication companies (Type I telecommunications enterprises) is limited to 49% of the shares. Additionally, foreigners may not hold more than 60% of such shares when considering both direct and indirect shareholding, such as through the establishment of a Taiwanese company. This restriction specifically applies to Type I telecom enterprises, which, as defined in Art. 11 of the Telecommunications Act, are companies that install telecommunications line facilities and equipment to provide services. In contrast, Type II telecommunications enterprises encompass all other telecom providers.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240805204224/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060111
- https://web.archive.org/web/20231003071428/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/taiwan
- https://web.archive.org/web/20230930141135/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060001
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TAIWAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Chungwa Telecom, the largest network operator, used to be a state-owned enterprise but has been privatised in 2005. The government owns 35.29% of its shares. Taiwan Mobile is owned by private shareholders. For Far Eastone Telecommunications Co., Ltd, the government owns 3.24% of its shares. For Asia Pacific Telecom Co., Ltd., the government owns 6.86% of its shares.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230308042755/https://www.cht.com.tw/en/home/cht/investors/shareholder-services/faq
- https://web.archive.org/web/20231221211958/https://english.taiwanmobile.com/investor/majorInstitutionalShareholders.html
- https://web.archive.org/web/20240120045240/https://www.aptg.com.tw/ir/investors/shareholding/
- https://www.marketscreener.com/quote/stock/FAR-EASTONE-TELECOMMUNICA-6494352/company/
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TAIWAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Taiwan does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is mandated.
Coverage Telecommunications sector
TAIWAN
Since 2002
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Taiwan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=47896,43022&CurrentCatalogueIdIndex=1&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord...
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
TAIWAN
Reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
The National Communications Commission (NCC), the executive authority responsible for the supervision and regulation of telecommunications services, is reportedly independent of the government in its decision-making processes. As an autonomous body, the NCC operates through committees, with all matters under its jurisdiction being determined by decisions reached in committee meetings.
Coverage Telecommunications sector
TAIWAN
Since September 2012
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Restriction Order for Communication Business Operators to Transfer Personal Data of Other Users to the Mainland (國家通訊傳播委員會 令 限制通訊傳播事業經營者將所屬用戶之個人資料傳遞至大陸地區)
In September 2012, the National Communications Commission issued a Restriction Order for communication business operators to transfer the personal data of subscribers to mainland China. The blanket order prohibits communications enterprises (i.e., telecom carriers and broadcasting operators) from transferring subscribers' personal data to mainland China on the grounds that the personal data protection laws in mainland China are still inadequate.
Coverage Communications enterprises (i.e., telecom carriers and broadcasting operators)
TAIWAN
Since May 1944, entry into force in January 1949, last amended in May 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
TAIWAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Taiwan is not a party to the Patent Cooperation Treaty (PCT). However, any applicant from a WTO member who files a patent application in Taiwan based on a PCT application may claim a right of priority if the PCT application is a legal application.
Coverage Horizontal
TAIWAN
Since May 1928, as amended in July 2003, last amended in June 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act
The Copyright Act provides a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 65, as amended in July 2003, lists the acts that shall be noted as the basis for the determination of fair use. In determining whether the exploitation of work complies with the reasonable scope or other conditions of fair use, all circumstances shall be taken into account, and in particular, the following facts shall be noted as the basis for determination: (i) the purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes; (ii) the nature of the work; (iii) the amount and substantiality of the portion exploited in relation to the work as a whole; (iv) effect of the exploitation on the work's current and potential market value.
Coverage Horizontal
TAIWAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
54.79%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
TAIWAN
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
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
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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TAIWAN
Since May 1998, last amended in May 2019
Since May 1999, last amended in August 2012
Since May 1999, last amended in August 2012
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Government Procurement Act
Regulations Governing the Participation of Foreign Suppliers in the Procurement not Subject to any Treaties or Agreement
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.
- 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
Sources
- https://web.archive.org/web/20230321003749/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030057
- https://web.archive.org/web/20201027000320/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030072
- https://web.archive.org/web/20240613023424/https://www.lexology.com/library/detail.aspx?g=79d50c7b-5874-49b9-821d-3bf1431494f7
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TAIWAN
Since May 1998, last amended in May 2019
Since May 1999, last amended in July 2021
Since May 1999, last amended in July 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Procurement Act
Enforcement Rules for the 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
