Database

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TAIWAN

Since July 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Regulations on the Preparation and Management of Electronic Medical Records by Medical Institutions (醫療機構電子病歷製作及管理辦法)
Pursuant to Art. 8 of the Regulations on the Preparation and Management of Electronic Medical Records by Medical Institutions, when a medical institution utilises cloud services to collect, process, and use electronic medical records, the data storage location of the cloud service should, in principle, be situated in Taiwan.
Coverage Health sector

TAIWAN

Since July 1992, last amended in June 2022
Since December 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Act Governing Relations between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例)

Measures Governing Investment Permit to the People of the Mainland Area (大陸地區人民來臺投資許可辦法)
Under Art. 73 of the "Act Governing Relations between the People of the Taiwan Area and the Mainland Area" of 1992, investment activities by any individual, legal entity, organisation, or institution from Mainland China are prohibited unless expressly permitted by the competent authorities and the Ministry of Economic Affairs. This restriction also applies to companies with investment links with Mainland China. According to Art. 3 of the "Measures Governing Investment Permit to the People of Mainland Area", restrictions apply to companies where individuals, legal entities, organisations, or institutions from Mainland China either (a) directly or indirectly hold more than 30% of the shares or the total contributing amount, or (b) exercise controlling power over the companies. Additionally, investment is prohibited under Art. 8 of the Measures if it results in (a) economic exclusivity, oligopoly, or monopoly, (b) political, social, or cultural sensitivity, or a threat to national security, or (c) a negative impact on national economic development or financial stability.
Coverage Horizontal

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 (專利法)
Under Art. 25 of the Patent Act of 1994, the application form for patents must be filled out in traditional Chinese, including the description, claim(s) and drawing(s). Initially, this information may be submitted in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian, or Spanish. A Chinese translation must be submitted within a specified period, or the patent application shall be dismissed. In addition, according to Art. 11, an applicant who has no domicile or business establishment in the territory of Taiwan shall designate an agent to file patent applications and handle patent-related matters on their 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 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

Reported in 2021, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that there are notable levels of online copyright piracy through illicit streaming devices or illicit Internet Protocol Television services that unlawfully retransmit telecommunications signals and channels containing copyrighted content via dedicated web portals or third-party applications.
Coverage Horizontal

TAIWAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Taiwan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TAIWAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Taiwan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TAIWAN

Since January 1996, last amended in January 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Trade Secrets Act (營業秘密法)
The Trade Secrets Act provides a framework for effective protection of trade secrets. According to Art. 1, trade secrets include 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 only if 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

Since June 2019, last amended in June 2023

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Management Act (電信管理法)
Pursuant to Art. 31 of the Telecommunications Management Act entities holding a dominant position in the market are required to share their telecommunications infrastructure with other service providers. In accordance with the definition provided in Art. 3.4, this obligation also applies to passive infrastructure.
Coverage Telecommunications sector

TAIWAN

Since June 2019, last amended in June 2023
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)
According to Art. 36 of the Telecommunications Management Act, direct foreign ownership of telecommunications services can be up to 49%, and total foreign ownership, whether direct or indirect, may not exceed 60%. These restrictions apply to entities that establish public telecommunications networks using telecommunications resources. The Telecommunications Management Act replaced the Telecommunications Act, which provided for a similar requirement for single Type I telecommunications operator (a facilities-based operator) (Art. 12). When the subordinate legislation under the Telecommunications Act will be fully repealed, the National Communications Commission will proceed with the formal repeal of the Act itself.
Coverage Telecommunications sector

TAIWAN

Reported in 2022, last reported in 2025

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
Chunghwa Telecom, the largest network operator in Taiwan, was originally a fully state-owned enterprise but was partially privatised in 2005, reducing the level of government's ownership. As of 2024, the government reportedly holds a 41% stake in the company. In addition, the government owns approximately 4.4% of the shares of Far Eastone Telecommunications Co., through state-linked entities, including Chunghwa Post Co. (2.9%) and the Labor Pension Fund (1.5%).
Coverage Telecommunications sector

TAIWAN

Since June 2019, last amended in June 2023

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Telecommunications Management Act (電信管理法)
Art. 34 of the Telecommunications Management Act obliges operators with significant market power to implement accounting separation across their various service lines. However, the Act does not impose a requirement for functional separation.
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

TAIWAN

Since November 2005, last amended in December 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
The National Communications Commission Organization Act (國家通訊傳播委員會組織法)
The National Communications Commission (NCC), the executive authority responsible for the supervision and administration of telecommunications services, operates independently of the government in its decision-making processes. In accordance with Art. 8 of the National Communications Commission Organization Act, the NCC is required to exercise its functions autonomously and in conformity with the law. Under Art. 9, all matters that fall within the NCC’s remit, except those that Commission meeting resolutions have delegated to internal units through the administrative hierarchy, must be carried out on the basis of resolutions adopted at Commission meetings.
Coverage Telecommunications sector

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