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 legally sound.
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 (著作權法)
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
- Show more...
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Japan 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
JAPAN
Since April 1910, last amended in April 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs Tariff Act (Act No. 54 of 1910) (関税定率法(明治四十三年法律第五十四号))
As stipulated in Art. 14.18 of the Customs Tariff Act, the imports of goods with a total customs value of JPY 10,000 (approx. USD 67) or less are exempt from customs duties. This amount is below the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Reported requirement for local contact in .JP domain registration
It is reported that the ".JP" domain name registration framework stipulates the necessity of a local contact address.
Coverage Horizontal
JAPAN
Since June 1976
Since May 2000
Since May 2021
Since May 2000
Since May 2021
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Act on Specified Commercial Transactions - Act No. 57 of 1976 (特定商取引に関する法律 - 昭和五十一年法律第五十七号)
Consumer Contract Act - Act No. 61 of 2000 (消費者契約法 - 平成十二年法律第六十一号)
Act on the Protection of Consumers Who Use Digital Platforms for Shopping - Act No. 32 of 2021 (取引デジタルプラットフォームを利用する消費者の利益の保護に関する法律 - 令和三年法律第三十二号)
Consumer Contract Act - Act No. 61 of 2000 (消費者契約法 - 平成十二年法律第六十一号)
Act on the Protection of Consumers Who Use Digital Platforms for Shopping - Act No. 32 of 2021 (取引デジタルプラットフォームを利用する消費者の利益の保護に関する法律 - 令和三年法律第三十二号)
The "Act on Specified Commercial Transactions", the "Consumer Contract Act", the "Act on the Protection of Consumers Who Use Digital Platforms for Shopping", together with several other statutes, establish a comprehensive framework for consumer protection that extends to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260305171201/https://www.japaneselawtranslation.go.jp/en/laws/view/3340/en
- https://web.archive.org/web/20260305173111/https://www.japaneselawtranslation.go.jp/en/laws/view/3578/en
- https://web.archive.org/web/20260305173226/https://www.japaneselawtranslation.go.jp/en/laws/view/4310/en
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=jp
- https://www.mondaq.com/fin-tech/1488446/digital-business-laws-and-regulations-japan-2024
- Show more...
JAPAN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
Japan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Japan 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
JAPAN
Since April 2006
Pillar Intermediary liability |
Indicator User identity requirement
Act for the Prevention of Illegal Mobile Phone Use
Act for the Prevention of Illegal Mobile Phone Use requires mobile voice communication carriers to verify the identity of subscribers when a contract is terminated or transferred.
Coverage Mobile voice communication carriers
JAPAN
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Revision of the Ministry of Economy, Trade and Industry's Public Notice based on the Foreign Exchange and Foreign Trade Act (Prohibition of import of some goods from Russia) (外国為替及び外国貿易法に基づく経済産業省告示の改正について (ロシアからの一部物品の輸入禁止措置))
Japan has introduced import restrictions on certain goods from Russia under the Foreign Exchange and Foreign Trade Act. The Ministry of Economy, Trade and Industry has amended its public notice, based on Art. 52 of the Foreign Exchange and Foreign Trade Act and Art. 3 of the Import Trade Control Order. This amendment subjects the import ban to approval under Art. 4 of the same Order. The items affected by this approval procedure include automatic data-processing machines and related units (HS 84.71), as well as parts and accessories for office machines like computers and printers (HS 84.73), among others.
Coverage Automatic data-processing machines and units thereof (e.g., computers) (HS 84.71); Parts and accessories for office machines like computers, printers, etc. (HS 84.73)
Sources
- https://web.archive.org/web/20231218191715/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412press_russia.pdf
- https://web.archive.org/web/20240301154048/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412sanko.pdf
- https://web.archive.org/web/20231208201329/https://www.mofa.go.jp/erp/c_see/ua/page3e_001171.html
- https://web.archive.org/web/20240222142046/https://www.ashurst.com/en/insights/japan-sanctions/
- https://web.archive.org/web/20231216124014/https://www.meti.go.jp/english/policy/external_economy/trade_control/pdf/230912_overview.pdf
- Show more...
JAPAN
Since December 1949, as amended in April 2022, last amended in December 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Cabinet Order on Export Trade Control (Cabinet Order No. 378 of 1949)
As amended in April 2022, under Art. 2.4 of the Cabinet Order on Export Trade Control, anyone wishing to export goods listed in Table 2-3 to Russia must obtain approval from the Minister of Economy, Trade and Industry, following the procedures established by the Ministry's Order. Table 2-3 includes several ICT goods, such as computers and their accessories, communication devices, cryptographic equipment, integrated circuits, semiconductor devices, electronic test equipment, analogue and digital recording devices, oscilloscopes, and components for microwave and millimetre wave equipment.
Coverage ICT goods including communication devices, cryptographic equipment, integrated circuits, semiconductor devices
Sources
- https://web.archive.org/web/20241111203650/https://www.japaneselawtranslation.go.jp/en/laws/view/4602/en
- https://web.archive.org/web/20230314222920/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412press_russia.pdf
- https://web.archive.org/web/20231208201329/https://www.mofa.go.jp/erp/c_see/ua/page3e_001171.html
- https://web.archive.org/web/20240222142046/https://www.ashurst.com/en/insights/japan-sanctions/
- https://web.archive.org/web/20231216124014/https://www.meti.go.jp/english/policy/external_economy/trade_control/pdf/230912_overview.pdf
- Show more...
JAPAN
Since 1961
Since 1971
Since 1971
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Electrical Appliance and Material Safety Act (Act No. 234 of 1961) (昭和三十六年法律第二百三十四号電気用品安全法)
Consumer Product Safety Act (Act No. 31 of 1971) (昭和四十八年法律第三十一号消費生活用製品安全法)
Consumer Product Safety Act (Act No. 31 of 1971) (昭和四十八年法律第三十一号消費生活用製品安全法)
The type of conformity assessment procedure adopted is the Supplier's Declaration of Conformity (SDoC) type 2 - 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 recognised by the regulator. No registration of the equipment with the regulator is required. This mandatory requirement is limited to EMI for the products covered by the Electrical Appliance and Material Safety Law.
The Act divides electrical products into specified and non-specified products. While specified electrical products such as AC adapters and electric massagers require third-party assessment by a registered conformity assessment body (CAB), non-specified electrical products are subject to a self-declaration scheme for mandatory PSE marks.
Similarly, under the Consumer Product Safety Act (Act No. 31 of 1968), some electrical products classified as special specified products because of high risk to consumer safety require a third-party assessment by a registered CAB, while specified products with moderate risk to consumer safety are subject to self-declaration for PSC mark.
The Act divides electrical products into specified and non-specified products. While specified electrical products such as AC adapters and electric massagers require third-party assessment by a registered conformity assessment body (CAB), non-specified electrical products are subject to a self-declaration scheme for mandatory PSE marks.
Similarly, under the Consumer Product Safety Act (Act No. 31 of 1968), some electrical products classified as special specified products because of high risk to consumer safety require a third-party assessment by a registered CAB, while specified products with moderate risk to consumer safety are subject to self-declaration for PSC mark.
Coverage Electrical products
Sources
- https://web.archive.org/web/20231129090111/https://elaws.e-gov.go.jp/document?lawid=336AC0000000234#5
- https://elaws.e-gov.go.jp/document?lawid=348AC0000000031
- https://web.archive.org/web/20230124080217/https://www.meti.go.jp/policy/consumer/seian/denan/file/06_guide/denan_guide_ver3_en.pdf
- https://web.archive.org/web/20231205213028/https://www.jqa.jp/english/safety/service/mandatory/psc/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/IT/W17R31.pdf&Open=True
- https://web.archive.org/web/20130321203249/https://www.mofa.go.jp/region/europe/eu/electrical.pdf
- Show more...
JAPAN
Since August 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines on Security Management of Information System and Services Handling Medical Information (医療情報を取り扱う情報システム・サービスの 提供事業者にお る安全管理ガイドライン)
The Guidelines on Security Management of Information System and Services Handling Medical Information provide that information systems for the handling of medical data must be located in the territory of Japan so that in the event of an emergency, Japanese governmental authorities can enforce their power to collect information or issue administrative orders. Although this is not a mandatory requirement based on a specific law, it is reported that some medical institutions have requested that service providers maintain servers inside Japan to comply with these Guidelines.
Coverage Health sector
