Legislative: |
1.Promulgated by Ministry of Interior on August 28, 1992 per Letter No. Tai-(81) -Nai-Chu-Tze 8183016. 2.Promulgated by Ministry of Interior on November 27, 1996 per Letter No. Tai-(85)-Nai-Chu-Tze 8588560. 3.Amended and Promulgated by Ministry of Economic Affairs on July 28, 1999 per Letter No. Ging-(88)-Zhi-Tze 88461851. 4.Amended and Promulgated by Ministry of Economic Affairs on March 31, 2004 per Letter No. Ging-Zhi-Tze 09304602820. 5.Amended and Issued by Ministry of Economic Affairs on August 24, 2010 per Order No. Ging-Zhi-Tze 09904605270. 6.Amended and Promulgated by Ministry of Economic Affairs on November 27, 2019 per Letter No. Ging-Zhi-Tze 10804605270. |
Content: |
Article 1
These Regulations are promulgated under the provisions of Article 83 of the Copyright Act.
Article 2
A Copyright Review and Mediation Committee (hereinafter, "the Committee") shall be established by the Intellectual Property Office (hereinafter, "TIPO") of the Ministry of Economic
Affairs to handle matters under Article 82 of the Copyright Act and under Article 25, Paragraph 4, Article 26, Paragraph 2, and Article 30, Paragraph 5 of the Copyright Collective Management Organization Act.
Article 3
The Committee shall consist of a chair to be concurrently assumed by the Director General of TIPO, and 21 to 29 members to be appointed by the Director General of TIPO from among
relevant government agency representatives, scholars, experts, rights holder representatives, exploiter representatives, and relevant TIPO personnel, to serve term of two years concurrently with their regular positions.Neither
gender should occupy less than one third of the seats of the committee.
Article 4
The Committee shall appoint one executive secretary, three secretaries, and two to six staff, all of whom shall be relevant TIPO personnel serving on assignment concurrently with
their regular positions.
Article 5
Meetings of the Committee shall be convened and presided over by the chair. In the event that the chair is unable to attend a meeting, the chair shall designate one member to chair
the meeting.
Article 6
A resolution on a matter under review by the Committee may be adopted only by the consent of a majority of the members in attendance at a meeting attended by one-half or more of
all members.
A resolution on a matter under consultation by the Committee may be adopted only by the consent of a majority of the members in attendance at a meeting attended by one-third or more
of all members. However, for consultation on matters set out in the Copyright Collective Management Organization Act, depending on the actual circumstances of a case, after giving consideration to the scope of the market for copyright exploitation and the
affect on its licensing order, the Committee may designate three to five members to form a consultation subcommittee, which may adopt a resolution only by the consent of more than two-thirds of the subcommittee members in attendance at a subcommittee meeting
attended by two-thirds or more of the subcommittee members.
Members shall attend Committee meetings in person. However, government agency representative who is unable to attend may appoint a representative to attend on their behalf. That
representative shall be counted among the members in attendance and have a voice and a vote at the meeting.
When the Committee handles dispute resolution matters, it shall do so in accordance with the Regulations of Copyright Dispute Mediation.
Article 7
The Committee may invite relevant persons to attend meetings and provide opinions.
Article 8
All personnel serving in a concurrent capacity on the committee do so in a pro bono capacity.
Article 9
The funds required by the Committee shall be allocated from TIPO's annual budget.
Article 10
The Committee has no capacity to issue any official documents externally. All resolutions of the Committee, after being approved by the Director General of TIPO, shall be issued
in the name of TIPO.
Article 11
These Regulations shall come into force from the date of promulgation.
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