Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

In force since 2010, the Development of the Cultural and Creative Industries Act promotes, among other things, the use of orphan works. The statute provides that, where it is impossible to obtain copyright permission because the identity or location of a work’s economic rights holder is unknown, the copyright user may apply directly to the copyright-competent authority for authorization to use said work. In order to ensure the effective implementation of this provision, the above regulations were also enacted; these stipulate what documents are required for license application, what procedures must be followed, and how royalties are set.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

Please provide explanation if necessary

8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

9. Other information (if applicable)

Please refer to the website of the Intellectual Property Office (TIPO) of the Ministry of Economic Affairs to get more information about the Regulations Governing Application for Approval of License of Works of Unknown Owner of Copyrights and Royalties for Use Thereof. Website: http://www.tipo.gov.tw Contact email address: ipogp@tipo.gov.tw

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes