In Taiwan, the government's efforts to combat such practices through beefed-up measures aimed at protecting and enforcing intellectual property rights have been recognized by the International Intellectual Property Rights Association, the Office of the United States Trade Representative, and the local chapter of the American Chamber of Commerce. But despite this acknowledgement, the island still remains on the USTR's list of countries with IPR problems, otherwise known as the Special 301 Report.
The soon-to-be-released report is an annual review of the global state of IPR protection and enforcement conducted in consultation with affected industry groups and other private-sector representatives, foreign governments, congressional leaders, and interagency coordination within the U.S. government. Countries with counterfeiting and piracy problems are included on either the Special 301 Priority List or the less stringent Special 301 Watch List. In 2005, the USTR moved Taiwan from its priority list to the watch list.
Given that Taiwan is the manufacturer of a substantial share of the world's consumer and entertainment electronics--along with the bulk of its CD-ROMs--it is no surprise that it has experienced a fair share of problems with IPR violations. But Taipei's efforts over the past several years to tackle this issue have made real progress.
In its Special 301 Report from last year, the USTR praised the Legislative Yuan's March 2007 law creating an IPR section at the Special Prosecutor's Office and an IPR Court scheduled to start hearing cases July 1. The increased numbers of police raids and seizures of pirated optical media, counterfeit pharmaceuticals and luxury goods, and increased arrests of IPR infringers were also noted.
Another measure, which was commended by the IIPA in its 2008 Special 301 Recommendations Report, was strong legislation enacted in June 2007 to deal with peer-to-peer piracy that establishes criminal and civil liability for inducing infringements by file-sharing services.
Issues of piracy, copyright and IPR are challenging government and industry around the globe like never before. Taiwan has not shirked from this challenge, with efforts to give its IPR measures real teeth sending a clear message that the country is ready to join the world leaders in protecting and enforcing these rights. Removing the island from this year's Special 301 Report is key to encouraging the government in creating an even more effective IPR environment.
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