Piracy to be put out as Optical Disk Law Amendment proceeds to Legislative Yuan

INTELLECTUL PROPERTY OFFICE 
March 07, 2003

Strived by Premier Yu and approved by the Cabinet, the Amendment to the Optical Disk Law will proceed to the legislature for further review on March 15.

Despite the constant effort by the government on intellectual property rights protection, marked by Premier Yu, the rampancy of pirated optical disks on movies, recordings and software has vastly concerned the US right holder groups. Continually pressured by these groups, the Congress and government of US expresses its anxiety by seeking for Taiwan's progress and tangible results in IPR legislation and enforcement. Immediate and effective deeds shall be implemented as the matter has now escalated and become a major barrier on the trade table between Taiwan and the US. 

While the government takes strong initiatives and determination on fighting against IP infringements, the inadequate legislation has lagged the progress on cracking down pirated optical disk manufacturers. To eliminate the impact of piracy in both economical and national impression mean, Premier Yu has called for several cabinet-level meetings to instruct the closer and concerted coordination among relevant government agencies to thoroughly implement every measure with tangible result. 

The divergence in opinion and tension between Taiwan and the US has evidently abated after continuous negotiations. However, consensus on controversial issues, such as "temperate production," "technical protection measure," "extend copyright protection to 70 years," "shorten the 2-year grace period," and increase level of criminal penalty, are still to be reached. 

While complying to international norms as well as governing the nation's overall public opinions, industrial development, and social welfare, the two Amendments to the Copyright Law and the Optical Disk Law, respectively, will cover not only concerns addressed by the US, but also obstacles and challenges raised since the enactment of the Optical Disk Law in late 2001. 

To be inline with digital development, the Amendment to the Copyright Law adopts public transmission right, technical protection measure and right management for electronic information protection, distribution right, compensation request right for publicly performed recording, rental right for performer, and etc. This Amendment also extends the level and scope of enforcement by significantly increasing the amount of civil compensation on IPR infringements, adequately expending the parameter of public crime by including infringements made by illegal optical disk manufacturers and distributors, adopting new articles on confiscating infringing goods, and providing customs to ex officio confiscate import and export infringements. 

On the other hand, the Amendment to Optical Disk Law adopts new mechanisms, including management on optical disk manufacturers and master copy thereto; intensifying the level of penalty on piracy to up to seven years of imprisonment and up to NT$ 8 million of fine; status registration system on optical disk manufacturing devices; inspections on logistic warehouses, packaging firms, and printing house; manufacturing devices, products and master copy involved in infringements may be confiscated or removed first; and measures on cutting hydro and electricity supply.

It is expected that these two Amendments will not only effectively secure the rights of national right holders, but also deeply influence the national development in culture, technology and industry. 

With its solid determination and constant effort, emphasized by Premier Yu, Taiwan firmly believes that it will overcome difficulty with the US and set up a good model for social morale. The willpower and strength of the government shall never be underestimated and challenged. The Premier has called for support from the general public to jointly combating with piracy, and cautioned those piracy infringers: "Don't think that you can get away with it because the next one who gets caught could just be YOU."