Taiwan - ACTA membership makes sense for Taiwan

On Feb. 12, the Taiwan Intellectual Property Office announced it was continuing to mull the merits of joining the Anti-Counterfeiting Trade Agreement, or ACTA.

This news, which is certain to have been well received in the major Western economies, sends a strong message that the Ma Ying-jeou administration remains committed to improving the island’s environment for intellectual property rights protection and enforcement.

As part of this push to join one of the world’s most talked about trade pacts, the TIPO has implemented a three-year program aimed at combating software piracy and copyright infringement. Coming into effect in January, the program seeks to improve patent and trademark regulations, strengthen enforcement actions, step up investigations into illegal Internet copying and enhance public awareness of the need for a robust IPR regime.

It is envisaged that the program will reform Taiwan’s IPR laws and practices to the point where applying for ACTA membership by 2013 is a real possibility. Irrespective of whether the island meets this deadline, the TIPO views all subsequent improvements as fundamental to spurring economic development and lifting the confidence of foreign investors.

The TIPO position is not based on wishful thinking. A slew of recent international reports have lauded the ROC government for significantly improving copyright protection in Taiwan. One of the most encouraging, produced by the voice of the world’s commercial software industry, U.S.-based Business Software Alliance, ranked the island’s software piracy rate third lowest in Asia, trailing only Japan and Singapore.

Accomplishments such as these are the result of extensive intergovernmental cooperation. Taiwan is reaping the benefits of key stakeholders such as the ministries of Economic Affairs, Education, Finance and Justice being on the same page when it comes to IPR—a consensus that extends to the ACTA and its reputation as one of the most effective ways to combat online piracy and crack down on illegal file-sharing.

The ACTA is a multilateral agreement signed in October 2011 by the representatives of Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea and the U.S. It provides for rigorous IPR policing by enhancing international cooperation; promoting sound enforcement practices; establishing a clear legal framework for prosecutions; and allowing cross-border restrictions on the distribution of IPR infringing materials over the Internet.

In addition, the pact establishes a strengthened standard that builds on the minimum requirements of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights. This marks a real improvement in international trade norms for combating the global proliferation of commercial-scale counterfeiting and piracy in the 21st century.

But the ACTA is not without its critics. Many describe its aim of coordinating the way developed economies tackle counterfeit goods as a thinly veiled attack on Internet freedom. 

For new democracies, particularly those in Central and Eastern Europe, there are fears the agreement eliminates one of the rewards of belonging to Western society: unbridled Internet access.

These concerns threaten to throw a spanner in the works for ACTA at the worst possible time. Although the pact has been agreed to in principle by all EU governments, it requires ratification by the 27 national assemblies and European Parliament in Brussels. This process appears to be facing derailment as anti-ACTA protests have prompted some nations to rethink their stance on the agreement.

The Czech Republic, Poland and Slovakia halted ratification when confronted with vigorous protests, electing to canvass views broadly before making a final decision. This now extends to obtaining a legal opinion from the European Court of Justice.

In Taiwan, the ACTA is yet to come under intense scrutiny, escaping charges of jeopardizing Internet freedom for now. Provisions contained in the agreement for eliminating trade in fraudulent designer brand goods and in-demand pharmaceuticals are generally seen as useful in sanitizing the island’s reputation as a base for online sales of pirated and counterfeit hard goods.

The latest Special 301 Report by the Office of the United States Trade Representative again urges Taiwan to take stronger and more effective criminal and border enforcement to stop the manufacture, import, export, transit and distribution of pirated and counterfeit goods. U.S. industry also expressed concerns regarding the island’s policies on issues related to innovation in the pharmaceutical sector and other aspects of health care goods and services.

By publicly stating an interest in joining the ACTA, Taiwan is demonstrating a desire to address shortcomings in its IPR regime and willingness to assist the U.S. stem regional losses from both countries’ copyright-based industries. The quid pro quo from Washington could take the form of increased cooperation in industries where ideas are at a premium, as well as a resumption of talks under the Trade Investment Framework Agreement.

At a time when the government is doing more than just paying lip service to transforming Taiwan into a haven for creativity and innovation, its willingness to enhance IPR protection through ACTA membership speaks volumes. The island already stands shoulder to shoulder with other world IPR leaders in the fight for seamless copyright enforcement, joining the pact can only add further luster to this hard-won achievement.

Michael Gooch

Michael Gooch is a freelance writer based in Lienchiang County. These views are the author’s and not necessarily those of Taiwan Today. Copyright © 2012 by Michael Gooch

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