Newsletter
ABORIGINAL INTELLECTUAL PROPERTY ACT
On 7 December 2007 the Legislative Yuan adopted the Indigenous Peoples' Intellectual Property Act. The main content is outlined below:
．Aboriginal intellectual creations include the indigenous peoples' traditional religious rites, music, dance, songs, sculpture, textiles, images, costume, folk arts and skills, and other expressions of cultural achievements.
．After an aboriginal intellectual creation is recognized and registered by the competent authority (the Council of Indigenous Peoples, CIP), the exclusive right to its use is protected in perpetuity.
．The CIP may appoint personnel of relevant agencies, experts and scholars, and aboriginal representatives to undertake the recognition of intellectual creations. At least half must be aboriginal representatives. Only aboriginal peoples and communities are eligible to apply for protection of aboriginal intellectual creations.
．The exclusive right of use of an aboriginal intellectual creation belongs to a specific indigenous community or communities, a specific indigenous people or peoples, or all the indigenous peoples. But other persons may make use of an aboriginal intellectual creation for individual or family use for nonprofit purposes, or to the extent necessary for reporting, comment, education, or research.
．With regard to income from an aboriginal intellectual creation, a collective fund should be established for the benefit of the relevant indigenous people or community.
．If a registered aboriginal intellectual creation is unlawfully infringed upon, whether deliberately or negligently, damages for the loss suffered through the infringement may be sought according to the provisions of the Civil Code, or the amount of profit derived by the infringer may be claimed. Where the amount of actual loss or profit cannot be proven, the court may be petitioned to set a level of damages between NT$50,000 and NT$3 million, according to the circumstances of the infringement. In the case of deliberate severe infringement, the level of damages may be increased up to a maximum of NT$6 million.