TIPS^®  Taiwan Intellectual Property Special

Copyright Protection for Work of Foreign Nationals

Upon the WTO accession, the copyright works owned by foreign nationals of WTO members will enjoy copyright protection in Taiwan. For works not protected before Taiwan’s WTO accession, retroactive protections are available.

1. For works never protected under any revision of Copyright Law in Taiwan, copyright protection shall be afforded in accordance with current Law.

2. Retroactive protections are only available to those works whose terms of copyright protection have not expired in accordance with current Law.

3. Works owned by foreign nationals whose copyright protection has expired in their home country are not retroactively protected.

Any person who, before Taiwan’s WTO accession has begun the exploitation, or has made significant investment for the exploitation, of retroactively protected foreign works, may continue to exploit such works during the two-year period which commences on WTO accession, i.e., January 1, 2002. After expiration of the 2-year period, a license shall be obtained from the foreign copyright owner for continuous exploitation.