Implementation Plan for Strengthening Preventive Measures against Internet

Implementation Plan for Strengthening Preventive Measures against Internet Infringements in Chinese Taipei Wen-Hsiang Lu Deputy Director General TIPO • MOEA 1

Contents I. Introduction II. Problem Analysis III. Deliverables and Objectives IV. Timeframe V. Prospect V. 2

I. Introduction The Implementation Plan for Strengthening Internet Infringement Preventive Measures was enacted on May 1, 2005, to effectively curtail Internet infringements: 1) establish a Joint Internet Infringement Inspection Special Taskforce (JIST), 2) strengthen the cooperation of police, prosecutors and investigators with law enforcement authorities of other economies. 3) coordinate with ISPs to establish self-regulatory agreements to regulate the management of their clients and Internet users. 4) enhance Internet management at schools. 3

II. Problem Analysis 1. Current forms of Internet infringements a. Using website to sell counterfeit or pirated goods and collect payment upon delivery. b. Posting unauthorized copyrighted works on the Internet for transmission. c. Using P 2 P to illegally share and transmit copyrighted works. 2. Standards for IPR protection on the Internet being more complicated and specialized than traditional usage of IP. 3. Use of education network for illegal transmissions and downloads. 4. Web servers registering overseas to dodge inspections and making it difficult for enforcement agencies to investigate illegal activities. 4

III. Deliverables and objectives Deliverables Contents Objectives 1. Enhance awareness on IPR laws and regulations 1. 1 Enhance awareness on the Copyright Act and Trademark Act for ISPs to increase their understanding and knowledge of Internet infringements and legal liabilities. 3 seminars a year targeting ISPs. *TIPO has been responsible for holding a series of “IPR Seminars” and one was held between May and June. 5

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 1. Enhance awareness on IPR laws and regulations 1. 2 Derive effective means and practices in IP awareness to increase awareness for Internet users. 24 seminars a year on IPR awareness targeting industrial and commercial enterprises, non-government corporations and organizations, and the general public. *During May and June, 1450 people participated in 29 IPR seminars with an 89% satisfaction rate. 6

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 2. Promote cooperation between ISPs and right holder groups to establish protection mechanism Coordinate with ISPs to establish protection mechanism with right holder groups to prevent Internet users from engaging in IPR infringement activities. 2. 1. 1 Coordinate with related businesses in establishing and implementing protection mechanism. *IPR has been actively facilitating talks on relevant IPR management mechanism between the copyright holder group and TWIA 7

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 2. Promote cooperation between ISPs and right holder groups to establish protection mechanism Coordinate with ISPs to establish protection mechanism with right holder groups to prevent Internet users from engaging in IPR infringement activities. 2. 1. 2 Commission studies on the outcomes of implementing the aforementioned protection mechanism. 8

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 1 Revise the Regulations for Complete the revisions to Internet Usage at Schools and the Regulations for Internet the Regulations for Managing Usage at Schools and the Taiwan Academic Network, Regulations for Managing including: the Taiwan Academic a. Prohibit the use of P 2 P for illegal transmission of other Network (TANet). copyrighted materials on campus Internet services; b. All colleges and universities shall monitor Internet flow and provide guidance shall any irregular activities are found. 9

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 2 Request all colleges and universities to refer to the Regulations for Internet Usage at Schools and the Regulations for Managing the Taiwan Academic Network (TANet) to set up regulations on Internet usage. Aiming to have all colleges and universities to establish regulations on Internet usage or include provisions on Internet usage in school regulations. * 99. 22% colleges and universities have introduced IPR protection concept into Campus Internet User’s Rules and the principle to administer. 10

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 3 Incorporate related regulations on evaluation and reward systems for Internet management as part of evaluation for schools. Establish evaluation and reward systems for Internet management, and incorporate such mechanism into evaluation for schools. 3. 4. Enhance awareness on proper legal concept for Internet usage among students. 3. 4. 1 Organize 30 seminars a year on IP awareness for colleges and universities. 11

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 4 Enhance awareness on proper 3. 4. 2 Issue notice to all levels legal concept for Internet of schools to be usage among students. attentive to IPR protection matters and to host IPR awareness forums for new students. 3. 4. 3 Conduct campaigns for implementation measures to respect IPR at annual conferences for principals and deans of post-secondary education. 12

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 4 Enhance awareness on proper 3. 4. 4 Conduct campaigns for legal concept for Internet measures to respect usage among students. IPR for clients (schools) at regional TANet management committee meetings. 13

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 4 Enhance awareness on proper 3. 4. 5 Examine the different legal concept for Internet kinds of IPR awareness usage among students. activities and courses given at colleges and universities on a regular basis. • During May and June, TIPO held eight seminars on IPR awareness with the participation of 800 people. 14

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 3. Strengthen management of campus Internet 3. 5 Promote mechanism for Conduct 10 awareness creative common and seminars a year to promote strengthen awareness on creative common. reasonable use of cyber space so as to benefit digital learning. *This year, TIPO is planning to conduct island wide seminars on “Copyright Authorization and Creative Common“. 100 participants joined the first of its kind held in June. 15

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 1 Urge enforcement authorities to set up concrete goals for piracy inspections and to continue to strengthen inspections for Internet infringements. NPA’s goal for 2005 is 100 cases. Goals for 2006 and 2007 will be set separately. • Between May to June, 2005, 182 cases of IPR infringements on the Internet were seized. In accumulation, from January to June, 301 cases have been detected, exceed the annual target of 100. 16

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 2 In response to Internet crimes, the IPR Police, JODE, and TIPO jointly select personnel to form the Joint Internet Infringement Inspection Special Taskforce (JIST) to combat Internet infringements. Establish JIST to begin operation. *Coordinate with JODE and TIPO to form the Joint Internet Infringement Inspection Special Taskforce(JIST) to combat Internet infringements and trace illegal trading and auction portals. 17

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 3 Allocate exclusive budget to upgrade facilities for IPR Police to improve inspection capability. * Result of infringements tracking has been shown in the seizure of ten cases with the value of NT$ 62, 794, 216. 18

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 4 Enhance professional trainings in the area of Internet infringements for enforcement officers to shorten the time for investigation and judiciary process and to effectively deter Internet infringements. 4 training workshops a year for prosecutors and police on Internet inspections. *To enhance professional trainings of Internet infringements, TIPO is scheduled to conduct a seminar on “Internet Infringement Detection and Investigation”for 110 enforcement officers from September 5 to 9. 19

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 5 Increase rewards for informants and officers to encourage more tip-offs from the general public and to inspire law enforcement officers in strengthening Internet inspections. Complete the revision to the MOEA’s Main Points for Rewarding the Crackdown of Counterfeit Goods. *Complete the revision to the MOEA’s Main Points for Rewarding the Crackdown of Counterfeit Goods. Raise the grant up to NT$500, 000 (approximately in US$1, 600) rewards for informants or 20

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 4. Effectively deter Internet infringements 4. 5 Increase rewards for informants and officers to encourage more tip-offs from the general public and to inspire law enforcement officers in strengthening Internet inspections. enforcement officers who uncover counterfeit goods sold on the Internet in order to deter Internet piracy. This Reward Program was approved and put into effect since March 30, 2005. 21

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 5. Strengthen international cooperation 5. 1 Collect and look into the different policies and implementation mechanisms that different countries employ to combat Internet infringements and use them as references to formulate our own policies. 5. 2 Invite or send representatives to participate in international conferences on anti-Internet crime, and to confer with experts and enforcement personnel on practices to prevent Internet infringements. Conduct studies on policies and implementation mechanisms of anti counterfeiting organizations of Japan, Korea, and Hong Kong, China. *Taiwan’s experience on counter Internet crimes and infringements was shared with representatives of experts and enforcement officers in the Symposium on Joint Efforts to Combat International Crimes. 22

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 5. Strengthen international cooperation 5. 3 Cooperate with related economies in establishing communication channel to resolve the difficulties that enforcement authorities encounter when dealing with websites that are registered overseas. *After the participation in the 1 st APEC Workshop on “Legal Frame work for Combating Cyber Crimes and Capacity Building”in July 2003, Chinese Taipei joined “ 24/7 Computer Crime Network”in October, 2003, and became its 35 th member. A direct communication channel has been built to participate in global efforts to combat cyber crimes. 23

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 5. Strengthen international cooperation 5. 3 Cooperate with related economies in establishing communication channel to resolve the difficulties that enforcement authorities encounter when dealing with websites that are registered overseas. *On June 22 to 24, the 3 rd APEC Workshop on “Legal Frame work for Combating Cyber Crimes and Capacity Building was held. Chinese Taipei was invited to speak on Issues in Collecting Digital Evidence. ” 24

III. Deliverables and objectives (cont’d) Deliverables Contents Objectives 5. Strengthen international cooperation 5. 3 Cooperate with related economies in establishing communication channel to resolve the difficulties that enforcement authorities encounter when dealing with websites that are registered overseas. *Through the on going participation in international conferences, enforcement officers are able to exchange experiences and share opinions with experts and relevant personnel from other countries. 25

IV. Timeframe 1. All implementing agencies involved shall be responsible for carrying out their respective tasks according to plan 2. Implementation results shall be reported to the Coordination Taskforce for IP Enforcement on a regular basis. Follow-ups and evaluations of the implementations will also be conducted quarterly by the taskforce 3. Budget needed for the implementation of this plan shall be the responsibility of each respective agency 4. This plan will be implemented from May 1, 2005 to December 31, 2007. A final review will be conducted at the end of the project. 26

V. Prospect Objectives against Internet Piracy are as follows: Implementing the computer software protection plan to bring business software piracy rate to below 40% in 2005; Strengthening measures on crackdown of Internet piracy; Sustaining partnership with right holder groups; Facilitating cross border enforcement to deal with cyber crimes; 27

V. Prospect (cont. ) Continue to provide trainings and workshops for prosecutors, judges, and law enforcement officers to keep them abreast of the latest developments in IP regulations and piracy trends. 28

Where to get the most recent progress in Chinese Taipei’s IP Protection v Intellectual Property Office website: www. tipo. gov. tw Publications: Ø IP-related Laws and Regulations; Ø Quarterly Report on Intellectual Property Rights Protection; Ø Annual Performance Report on Intellectual Property Protection; Ø Monthly Statistics for IP Inspection results and Infringement cases; 29

Thank you 30