On 1st August 2008, Ministry of the Interior released "Regulations Governing the Management of Personal Biometric Characteristics Data." The regulations rule the collection of personal fingerprints and facial recognition in details on account of highly function for identification. And the objectives are avoiding foreign nationals forged and altered passports, inspecting illegal immigration and labors, taking precautions against terroristic attacks and guarding national security.

Based on Article 91 of "Immigration Law" amended on 26th December 2007, people who are foreign nationals, nationals without registered household in Taiwan, people of Mainland China, or Hong Kong and Macao residents, except those under the age of fourteen, exempt from applying for an Alien Resident Certification, and aliens who get permission from the Ministry of Foreign Affairs in particular case, National Immigration Agency shall have their personal biometric characteristics taken and recorded while applying for residence or permanent residence. A person who fails to record his characteristics in accordance with the regulations shall not be granted residence or permanent residence. As a consequence, Ministry of the Interior framed "Regulations Governing the Management of Personal Biometric Characteristics Data" to form administrative process and keep away from controversies about human rights.

Despite the standard of new litigation process is quite complete; however, the awkward situations of different views between the Supreme Administrative Court and intellectual property litigations are still inevitable. Until now, there is still no clear and definite ideas on how a party should seek relief solutions derived from litigations. Because of the intellectual property litigations give weight on efficiencies and the quality of debates. Also, the ultimate purpose of carrying out such litigations, are to seek the commercial cooperation. Hence, for both parties to reach mutual understanding quickly and to evaluate the essentiality for litigations, the Intellectual Property Court also further non-mandatory requires judges must be provide his legal opinions and disclose conviction. This measure enables the judges to confirm legal relationship, related disputes, and to give unbiased views and opinions from the legal prospective with the litigant; for which to let the party, before the ruling, understand the technologically level of the judges and to decrease the uneasiness and insecurity between both parties; or even more, to help both parties reach settlements without going through meaningless litigations.

Personal biometric characteristics data was combined with the features of thumbs and face, and the record shall be saved for 20 years since the last time of entrance. Furthermore, in compliance with the Article 17 of Personal Data in Data Protection Law, the government agency that maintains the personal data file shall designate controller who is entitled to carry out necessary measures for securing personal data against unauthorized access such as destruction, manipulation, disclosure, transfer or other unlawful processing. Due to those data related to privacy of people, inappropriate use that except from public affairs, conventions, and reciprocal treaty should be avoided, and preserve the completeness of data.

In the past, the collection of personal identification information was based on "Regulations Governing the Management of Fingerprinting and Establishing Database for the People from Mainland China" originated in Article 10-1 of "Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area" for people of the Mainland China who apply to enter into the Taiwan Area for family reunion, residency, permanent residency, or being repatriated. In addition, the "Regulations Governing the Management of Personal Biometric Characteristics Data" will be implement on chip passport policy arranged by Ministry of Foreign Affairs and the project of automatic speedy immigration inspection for travelers in international airports planned by National Immigration Agency.

To increase the competiveness of capital market and to encourage enterprises to become listed in Taiwan, the Executive Yuan has passed "To ease restrictions on the raising of capital to support mainland China investments plan" which was submitted by the Financial Supervisory Committee on July 17th, 2008. Later on August 26th, the Executive Yuan has announced the amendments of "The Measures Governing Investment or Technical Cooperation In Mainland China" and "The Examining Principles Governing Investment or Technical Cooperation In Mainland China", for which not only eased the maximum net worth of investment in mainland China (those companies which acquired the operation certification and subsidiaries of multinational enterprises are not subject to this limitation), but also eased the assessment process.

The Financial Supervisory Committee has pointed out the key issue of passing this plan is to cooperate with the Ministry of Economic Affairs on targets such as further easing the investment amounts (either the net worth or the consolidated worth) in mainland China lower than 60%, and the capital raised from overseas by domestic issuers can directly or indirectly invest in mainland China without restrictions. Secondly, according to the clause 3 from the amendments of "The Reviewing Principles Governing Investment or Technical Cooperation In Mainland China" announced by the Ministry of Economic Affairs at the end of August, the accumulative investment amounts for future investors, the maximum limitation of personal annual investment has already been amended which was upped to US$5 million, and US$80 million for small and medium enterprises (can choose either 60% of net worth or of consolidated worth), and 60% of net worth or of consolidated worth for large enterprises (choose the higher one). However, those enterprises which have acquired the operation certification issued by the Industrial Development Bureau or subsidiaries of multinational enterprises are not subject to this limitation.

Besides, the Investment Commission has aimed at the clause 4 of "The Examining Principles Governing Investment or Technical Cooperation In Mainland China", such as the individual accumulative amount below US$1,million shall be declared by investor self and declared with the Investment Commission within six months after actual investing; and as for the "simplification of examination procedures", the investment amount has increased from US$20 million to below US$50 million (or future capital raised over US$50 million). However, a simple assessment process will be conducted for unexceptional cases. For the accumulative amount of enterprise investment over US$50 million, it will have to wait for the Investment Commission to discuss with related government organizations then address to the Investment Commission to be assessed as exceptional cases.

At last, the officials have expressed that there are still certain limitations for investment in mainland China no matter how much the government has eased the restrictions. Thus, the government has also put together several exceptional regulations during this amendment in order to enable enterprises to manage their funding with more flexibility. However, the government has also acknowledged that to prevent the large scale of Taiwan capital flown away, the possibility to withdraw all restriction on investing in mainland China within a short period of time is quite low.

To protect the integrity of human genome and citizen's dignity, the "Draft statute on Embryo Stem Cell Research" has been passed by Executive Yuan on July 24th, 2008. On the premise that to encourage the progression in clinical researches and developing technologies for disease treatment, the Government through the reasonable measures to forbid the experiments which can clone human or generate Chimera, and to effectively manage future embryo stem cell, researches in our nation. Currently, the draft statute has been submitted to the Legislative Yuan for further assessment.

Although, it has become a trend to develop human embryo and stem cell technologies worldwide, however, because of the Chimera and Cloned Dolly which produced by using embryo or embryo stem cell technology, has already been strongly criticized by all circles with moral perspectives. Therefore, this draft statute will strictly limit the use of oocyte that be provided for embryonic stem cell research, should follow the "Artificial Reproduction Act". Also, it's necessary to harvest the oocyte to be in compliance with the purpose of artificial reproduction, and the harvested oocyte which was agreed upon the couple receiving such surgery and approved by related authorities; or must be for the purpose of research only and such oocyte must be donated by adult women according to "Artificial Reproduction Act" and approved by related authorities.

Furthermore, the origin of human embryonic source that provided for research must be from natural miscarriages, induced abortions followed the "Genetic Health Law", or the embryos which are the remains from usage with prior consent to donation in compliance with the "Artificial Reproduction Act". However, this draft statute only allows researcher to collect the germ cell from embryonic tissues or of embryonic stem cell which from the source of natural miscarriages and induced abortions for further researches. Besides, this draft also allow to transfer human nucleus into the "de-nucleus oocyte" which gathered from other non-human species, but not allow to put this artificial human embryonic cell into the uterus of human or non-human species, for which bearing the same meaning of strictly forbidding any human clone research. Also, it forbids producing any chimeras which result from combination of human and other non-human species, and any human embryonic cells that produced through artificial insemination for research purposes.

In the end, the Executive Yuan officials state that this draft statute adopts the strategy from both "rational prohibition" and "effective management" for domestic embryonic stem cell research. Thus, it will bring positive benefits for our development in biotechnology and innovation of therapeutic technology. However, few people with opposed opinions believe that for the purpose of researching, the stem cells can be obtained from somatic cell, not necessary from embryos. Furthermore, they also point out that it is the same nature as slaughtering for researchers destruct embryos undertaking as "human" just for the purpose of clinical study. Based on the prior controversial debates, further observations await for whether the Legislative Yuan to pass such draft statute.

In order to advance technologies, enhance R&D activities and further upgrade industries, Industrial Development Bureau, Ministry of Economic Affairs (MOEA) prescribed "Regulations Governing the Subsidy for Assisting Industries Development" in accordance with Article 22-1 of Statute for Upgrading Industries. The regulations published on 17th July 2008 were for separated into the purpose and range of subsidy definitely.

Due to fast changing of industrial environment, it is indispensable for improving technology and applying human resource. Also, it is essential to regulate the relevant matters which are inspection and supervision of subsidy for consolidating enterprise. As a result, the regulations would be stipulated the sources of subsidy, subsidized objects, reasons for discontinuing subsidy, and the ownership of R&D results. As stated by the regulations, the items of subsidy would be divided into three types as follows:

(1) The assistance for industrial technology: Including corporation, ventures exclusively with one's own investment, and partnership. The mentioned subjects should not be refused account. The percentage of subsidy should not be over 50% of total amount of funds of the subsidy program.
(2) The personnel training: The subjects are Taiwan nationals, foreign nationals ratified by Industrial Development Bureau, corporations and universities established and registered under domestic laws. The percentage of subsidy should not be over 50% of the amount of funds except particular cases approved by MOEA.
(3) The environment for industries development: Including National Design Center, International Electrotechnical Commission Quality Assessment System for Electronic Components, and training center established by foreign enterprises. The percentage of subsidy would be announced thereafter by Industrial Development Bureau.

When filing for subsidy, the applicant should provide application, concreted proposals, and related information, including intention, methods of implementation, and utilization of funds. Furthermore, the declaration should also have no unqualified affairs such as violated contract when executing science and technology program of government, be sanctioned by suspensions, or evaded taxation. For significant or high value cases, Industrial Development Bureau shall convoke conference to check up, or compose reexamination meeting if necessary. Every subsidized object with approval should not only open an account and earmark for spending on specified purpose, but also afford periodical reports and use of subsidy in detail. All relevant information should be published every 4 months except unique cases in accord with Article 18 of the Freedom of Government Information Law.

The interest and remainder of subsidy should part of exchequer after the program completed. R&D results shall be the property of the research organization or business that obtained subsidy unless determined under law or contract. Nevertheless, for the necessity of public benefit, Industrial Development Bureau may negotiate with subsidized objects for acquiring the ownership of R&D results for implementation which are gratis, not transferable, and not exclusive.

After the National Communications Commission's (hereinafter "NCC") second-term Commissioners assumed office on August 1, 2008, the NCC recently announced the reviewing and amendment of the Radio and Television Act, Cable Radio and Television Act and Satellite Broadcasting Act (hereinafter "the Broadcasting Acts") will be the main administrative plan this year since the present regulatory framework of the Broadcasting Acts has been insufficient to accommodate the development of digital convergence. According to NCC's proposal, the revisions will emphasis on deregulation, accommodation of convergent services, and enactment of necessary rules concerning regulatory practices and organizational transform. The NCC's undertaking on formulating the Communications Administration Act will be adjusted to a medium or long term project.

In accordance with the Fundamental Communications Act Article 16(1), the Government shall amend the relevant statutes concerning communications in accordance with the principles set forth in this Act within two years after the establishment of the NCC. Therefore, the NCC finished the draft of the Communications Administration Act on September 10, 2007 after discussing this Act thoroughly at several conferences. Then the NCC submitted the draft to the Executive Yuan for authorization on December 20, 2007, and the Executive Yuan's preliminary review opinions indicated that before submitting the draft to the Executive Yuan for reexamination, the NCC should take into account discreetly the following: (1) whether the regulatory mode reforms could accommodate regulatory practices; (2) whether the provision of guidance and incentive for the development of communications industries shall be adopted; (3) how to discriminate explicitly between the planning and the regulation of national communications resources; and (4) whether the relevant Acts shall be revised gradually and gradationally. According to these opinions, the NCC revised deliberately and submitted the draft to the Executive Yuan once again on July 24, 2008. In view of the expiration of the term of the first Commissioners, the Executive Yuan sent back the draft on August 6, 2008, on the basis of respect for the second-term Commissioners' authority, and recommended new Commissioners to reconsider this Act.

In Taiwan, the important principle of media policy is media neutrality which means media should be independent from politic interference and avoid affect from the government, political parties, and military. The principle is regulated by Article 19 Subsection 4 of Cable Radio and Television Law that refers to "the government and political parties, as well as foundations established with their endowments, and those commissioned by them, may not directly or indirectly invest in cable radio and/or television systems." But this principle met with challenge because of direct broadcasting program of the "2008 Olympic Games in Bejing " by Elta.

Elta Technology Co Ltd (Elta) acquired the right of the direct broadcasting the "2008 Olympic Games in Bejing " . Moreover, Chunghwa Telecom (CHT), the top telecom operator in Taiwan, had purchased 21-percent shareholding of Elta in 2007. In fact, to be big shareholder of Elta was one of CHT's plans to enhance its video business and to provide more MOD (multimedia on demand) contents . Because CHT is defined as the MOD service a provider who is forbidden to afford channel contents concurrently, it vigorously seeks to cooperate with Elta to afford their subscribers HD (High Definition) quality programs through internet.

Elta submitted channel license application for "Hito" to National Communication Commission (NCC) but be refused. The reason is Elta belong to "channel operator" in definition of Cable Radio and Television Act, and must maintain media neutrality as above. However CHT owned 31 percent shareholding of Elta in total and Ministry of Transportation and Communication of Taiwan (MOTC) owned 36 percent shareholding of CHT. It means MOTC's indirect investment in Elta might violate the principle of media neutrality.

NCC suggested three ways to avoid the problems: 1. Finding another media operator which can provide program content, however, it seems impossible in such a short time to find out the others who obtain both channel licenses and the right of direct broadcasting the Olympic Games. 2. CHT can provide Olympic Games contents through Near-Video on Demand (Near-VOD). It means that all contents provided by Elta has been in advanced stored and provided to users, thus Elta may not apply channel license. What the shortcoming is the delay-live form of broadcasting, not in real-time form; 3. to sell all shareholdings of Elta to comply with the requirement of media neutrality.

CHT had chosen the third way: selling all the Elta shareholding. And then NCC has ruled on 31 July, 2008 that five operational licenses can be granted to Elta, so the real-time Olympic Games programs could be broadcasted as scheduled. The former Chairman and chief executive Hochen Tan commented upon this event that dilative explanation of the media neutrality principle to consequently restrain either the presumable commerce profits or the development of digital content industry.

The Statute for Upgrading Industries is the most important legislation to assist firms in growing competitives for two decades in Taiwan. The amended provisions of this Statute promulgated in 1999 and 2002 order that the provisions under Chapter II and Article 70-1 of this Statute shall remain effective only until December 31, 2009. In order to assist industry in upgrading sustained, the Ministry of Economic Affairs launches the drafts so called "Three Legislations for Industry" to deal with the sunset of Statute for Upgrading Industries. One of "Three Major Industrial Laws" is the Statute for Creating New Value for Industries. There are a number of measures that government could be taken to stimulate innovation. At the same time, new law come into force will influence the practice of Technology Development Program (TDP). This study will discuss the influences and replies from positive side and negative side across all of the phases in TDP, including the phase of program implementing and the phase of achievement output.

Keyword: Statute for Upgrading Industries, Three Major Industrial Laws, Statute for Creating New Value for Industries, Technology Development Program, use of achievements.

<Source: Chun-Chieh, Lai, The Impacts of Statute for Creating New Value for Industries (Draft) on Technology Development Program and Its Responses, Science & Technology Law Review Vol. 20 No. 7, July 2008, p.p. 32~49.>

Recognizing the growing importance of intellectual property in today's knowledge-based economy and the apparent lacking of experience and resource for self-developing an internal intellectual property management system in most Taiwan companies, in 2003 The Intellectual Property Office (the task was later transferred to the Industrial Development Bureau in 2005) of the Ministry of Economics Affairs appointed the Science and Technology Law Center, an unit under the Institute for Information Industry to establish a standardized guidelines named "Taiwan Intellectual Property Management System (TIPS)". The TIPS guideline aims to provide guidance for establishing a cost -effective IP management system by incorporating the IP management strategies into an organization's management activities.

TIPS was developed based on the Plan-Do-Check-Action (PDCA) cycle which requires continuously checking, auditing and adjusting management policy and corporate objectives so that the best IP management system can be established. So far, more than 10 companies and organizations have successfully built their internal IP management systems based on TIPS; 50 enterprises have assessed the effectiveness and adequacy of their existing IP management infrastructures and hundreds of companies and organizations have received the TIPS diagnostic and implementation advises offered by the consulting team in the Science and Technology Law Center. Apart from assisting local enterprises to build up their own internal intellectual property management system, TIPS further aims to enhance the awareness of the importance and value of its IP assets within a corporate so that the added-value of these intangible assets can be maximized. Implementing TIPS can also facilitate innovation processes and promote the growth of the local IP service industry, bringing Taiwan closer to its goal of becoming an "Intelligence Island".

Keyword: Taiwan intellectual property management system (TIPS), intellectual property (IP), management, system, process.

<Source: Antonia T.H.,Tsou
0Hung-chih, Chen, Taiwan Intellectual Property Management System (TIPS) - Development and the Status Quo, Science & Technology Law Review Vol. 20 No. 7, July 2008, 50~62.>

The comparative approach to German spam regulation German Telemedia Act and Competition law have new versions to rule unsolicited commercial email (well known as "spam") in 2007. The maximal penalty for sender, who against rules to mark email header and content, would be reach to 50000 Euro; who send email without prior agreement from user is punishable, too. It seemed that German legislators take approach to regulate spam through administrative regulation and competition law. However, it will not rule out the possibility for user (email receiver) to ask for compensation if spammer's behavior cause damage in practice, according to German federal appeal court's point of view. This article will make compare with German's regulations and Taiwan's draft of anti-spam law, particularly on the key issues of compensation and group litigation.

Keywords: Spam, Telemedia Act (TMG), competition law(UWG)

<Source: Chia-Mei, Kuo
0Jen- Chieh,Chen, The comparative approach to German spam regulation, Science & Technology Law Review Vol. 20 No. 8, August 2008, p.p. 23~38.>

With the increase of cybercrime and information security incidents, how to secure ICT (Information Communication Technology) information systems becomes a crucial issue for people in all level. People eyes on building an information sharing mechanism among public and private sectors when sucn incidents occure, database breach or vulnerabilities disclosure for example, with the expectation to stop the weakest link, to prevent further losses. Considering the United States of America is one of the foremost countries focusing on this issue, this research at first introduce the IS incidents reporting and information sharing mechanism which have been operated in the United State. Further examine Taiwan's status quo and try to make some recommendations to the Taiwanese government. This research suggests Taiwanese government:

1. Build up the kind of IS incidents reporting and information sharing mechanism with clear law authorization.
2. Cosdiering to setup safe harber rules if staff have make report such incidents immediately after they found it.
3. Build a single contact point is necessary to reduce confusion.
4. Encouraging private sectors to construct information sharing networks with government either by subsidizing or by "consumer protection" persuasion.

Key words: IS incidents reporting mechanism, Information security, information sharing mechansion, FISMA

<Source: Yao- Chung, Chang
0Joanne Wu, Study on Information Security Incidents Reporting and Information Sharing Mechanism in Taiwan - from the viewpoints of the United States' experience, Science & Technology Law Review Vol. 20 No. 8, August 2008, p.p. 39~61. >

In the global trend of environmental protection and sustainable development, many advanced countries actively promote the development of the green technology industry. And In Taiwan, because of a lack of our natural resources and energy, so it's more important to develop the green technology industry, and must strengthen guidance and promote industry's "research and development".For promoting the development of the green technology industrial, many advanced countries around the world are gradually planning a voluntary program, promoting the government departments and private sector co-operation mode. Moreover, many advanced countries find to meet key development strategy to promote domestic research and development of green technology innovation. And they also plan many relevant legal environment and build support measures for promoting the development of the green technology industry.

Therefore, this article will study and analyze the green environmental technology verification mechanisms operating practices of important international organizations and the advanced countries, and the U.S. Environmental Protection Agency's national environmental performance track program of practical system.And this article will make recommendations,looking forward to help promote green technology in the domestic industrial development environment for development.

Keyword: legal systemenvironmental protection
0green technology
0environmental performance
0technical verification system

<Source: Colins, Li, Analysis the Legal System on International Environmental Performance and Technical Verification System, Science & Technology Law Review Vol. 20 No. 9, Sep. 2008, p.p. 27~44.>

The video service which provided by the telecommunication industry not only breaks the line between the broadcasting industry and the telecommunication industry, but also impacts the regulatory framework which was typically classified by technologies. As a result, governments all over the world are trying to find out how to modify their regulatory frameworks to conform to the trend of joint provision.

After studying the regulatory models of Japan and Singapore, this article concludes with two suggestions. First, Taiwan's authorities may consider relaxing the restriction on providing video services and let anyone who wants to enter this market has a chance to provide services. This will stimulate the growth of market and consumers will have more choices. Second, Taiwan's authorities may consider applying the content regulation provisions of the Radio and Television Law to the video service provided by the telecommunication industry to avoid different regulation on the same content when transmitting through different technologies.

Keywords: joint provision, Law Concerning Broadcasting on Telecommunications Services, Content Regulation, Digital Convergence

<Source: Pei-Yu, Wu, Accommodation for Geographical Indication under International Trade Aspect, Science & Technology Law Review Vol. 20 No. 9, Sep. 2008, p.p. 45~59.>