PROPOSED AMENDMENTS TO COPYRIGHT LAW

01/01/2001

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In line with the entry into force of the new Law of Administrative Proceedings on 1 January 2001, and to conform to the provisions of Article 5 Item 2 of the Law on Standards for Central Government Laws and Regulations, all provi-sions affecting the rights and duties of the people must be laid down by law, and where primary legislation grants powers to limit people's rights, impose duties on them, or regulate important matters affecting the people by regulations, the purpose, content and scope of the powers so granted must be made specific and clear, and the legal terminology used must be correctly dis-tinguished. The Executive Yuan recently ap-proved draft amendments to Articles 2, 71 and 90-1 of the Copyright Law, including a proposed new Article 90-1 Paragraph 3. The main points of the proposed amendments are as follows:

Article 2: Since the administration of copyright matters has been transferred from the Ministry of the Interior to the MOEA, Article 2 will be amended to define the competent authority as the MOEA.

Articles 71 and 90bis: The wording will be amended to bring the Chinese terminology into line with the Law of Administrative Pro-ceedings.

With reference to Articles 52 and 54 of the TRIPS agreement, a new Paragraph 3 will be added to Article 90bis to make explicit the duty of the customs authorities to process ap-plications from copyright and plate right holders for the suspension of release of in-fringing goods, and to give notice of such suspension of release.