Taiwan introduces Three Strikes legislation

Inspired by efforts in France, New Zealand and South toi introduce  ‘three-strikes’ laws for copyright violators, Taiwan has recently amended its copyright act to include such a rule. Previously, many torrent sites and other file-sharing services in Taiwan operated in a flourishing legal grey area. Taiwan’s Intellectual Property Office said the new amendment should “significantly redress the problems of copyright infringement.” The amendment fits into Taiwan’s Intellectual Property (IP) developments, where a new IP court has been established and trademark infringer has been brought to justice. The cause for Taiwan’s IP concerns the development of innovative businesses on the island.

Under the new law, ISP will remain to be exempted from liability for their users’ behaviour, as long as a ‘takedown’ system is in place. However, ISPs are also ordered to introduce a ‘three-strikes’ rule for copyright infringements. After a third infringement has been noticed, a range of options are open to punish the user, from slowing-down the connection to completely cutting the user of.

ISPs do not have to disclose the identity of the individual infringers. However, when a user submits a counter-notice to restore previously removed content or to challenge a warning, his personal information will be shared with the rights owner. Commentators are already considering this a chilling-effect on those users, who prefer to protect their identity in such cases.

In addition, Taiwan’s IP Office aims to launch an anti-piracy publicity drive, to educate the public about the issues regarding IP.