Lois et règlements au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

Chinese Taipei
Copyright Collective Management Organization Act
The amendments ensure smooth operation, increased transparency, and prudent management of the collective management system to protect the rights of members and facilitate circulation of copyrighted works. The main highlights are as follows: 1. Introduction of a public consultation mechanism:When a CMO applies for an establishment permit, the specialized agency in charge of copyright matters (hereinafter referred to as “the specialized agency”) shall make the information publicly available on their official websites for general copyright users to leave comments, which shall serve as reference for the specialized agency when processing the permit application. 2. Term limits for management-level positions and internal controls:To ensure that a CMO can fulfill its duty of good governance, the amendments curtail the duration and number of terms for the positions of director and supervisor, and stipulate the need for internal controls to manage personnel, finances, and operations. 3. Use of technology to enhance management and operations of CMOs:A new amendment has been added that stipulates the specialized agency’s responsibility to counsel CMOs in the use of innovative technology for more efficient management and lowering the cost of copyright licensing. 4. Expansion of the specialized agency’s supervisory and guidance capacity:Amendments have been added ensuring the specialized agency’s authority to supervise and penalize any CMOs in violation of the law. For example, if the CMO commits a major violation of the law by misappropriating allotted funds or not allocating royalties in accordance with the law and fails to rectify their actions, then the specialized agency has the power to revoke its establishment permit and eliminate any CMOs not adhering to prudent management practices.
Please refer to the website of the Intellectual Property Office (TIPO) of the Ministry of Economic Affairs to get more information about the Amendments to the Copyright Collective Management Organization Act. Website: http://www.tipo.gov.tw Contact email address: ipogp@tipo.gov.tw
Intellectual Property Office, Ministry of Economic Affairs