Intellectual Property Rights Protection on Campus
2006/09/22 TaiwanEXECUTIVE SUMMARY
Intellectual property rights protection is not only an obligation that the Taiwan government commits itself to fulfilling before the international community, but is also closely tied to Taiwan's industrial upgrading and to the enhancement of Taiwan's global competitiveness. It is recognized that IPR protection is a continuous longterm task that requires the strenuous and orchestrated efforts among IP-related inter-government agencies. As such, the Ministry of Education (MOE) and the Intellectual Property Office (TIPO) of the Ministry of Economic Affairs (MOEA) have been working in close coordination to enhance IP awareness at schools and on university campuses.
Implementing campus IPR protection has always been one of the issues that receives considerable amount of attention from right holder groups and relevant authorities. Photocopying of textbooks and teaching materials beyond the scope of reasonable use as well as the use of pirated software and optical disks are common among students. Other infringements such as downloading and uploading of software, music, and works on the Internet are also observed. IP infringements of these kinds not only exist in Taiwan, but are also rampant elsewhere in the world.
intellectual property
Rapid development in IT technology over the last decade has up scaled the information industry to be one of the mainstreams in Taiwan's economy. As knowledge-based economy begins to play a key role in the global market, IPR protection is also becoming a publicly accepted and expected concept. The Taiwan government has for many years been striving to enhance public awareness on issues of IPR protection through means of implementing public policies and educational campaigns. We are fully aware of the significance and indispensability of engendering and educating the respect for intellectual property rights among students. It is through this that students learn to become law-abiding citizens and observe the practice of one must pay for something to have the right to use it.
Many of our government authorities, including the MOE and TIPO, have endeavored much of their efforts in strengthening IPR protection on campus. Firstly, IPR protection regulations and teachings have been incorporated into the curriculums at all levels of schools to foster the concept of "respect IPR now is to protect your own rights in the future". Secondly, MOE has also provided on-job IP training programs for teachers to expand their knowledge and understanding on IP issues. Thirdly, to ensure the effective implementation of IPR protection, school authorities are requested by the MOE to include in school regulations disciplinary actions for IPR violations. IPR protection has also been listed as one of the key elements in school evaluation and superintendent assessment.
To help students integrate IPR protection into their daily life, promotional campaigns such as IPR workshops, IP engendering program, IPR composition and debate contests as well as comic strips and movie clips have been employed. IPR movie clips featuring popular stars as spokespersons have also been shown at locations such as movie theaters and outdoor TV walls where young people are mostly likely to gather.
To lower infringements on campus, effective management and alternative plans are in place. For example, to curb the use of pirated copies of textbooks, the MOE has requested all universities and colleges to not engage in the illegal photocopying of textbooks. Teachers and students are also not allowed to involve in this infringing conduct on and off campus. Libraries and bookstores on campus should not accept requests for such photocopying service. In addition, circulation channels for second-hand textbooks have been proposed to offer students original copies of books at lower prices. Schools are also encouraged to partner with book agents to offer discounts on textbooks for students. The MOE has also encouraged school to increase their library collections.
Deterring the use of pirated ODs and computer software on campus is also one of the priorities on the government's agenda. All levels of schools have been instructed to strengthen the management of computer centers on campus and to conduct periodic inspections of computer centers for the use of legal software. In addition, subsidies were given to all levels of schools for the purchase of legal software. To help ease the financial burden of purchasing legal software, the MOE has also acted as go-between with software associations to facilitate the cooperation between software providers and computer hardware manufacturers to provide students and teachers with package deals. It is hoped that with this discount offer, legal software usage on campus would increase. According to the 2003 global software piracy study released by the Business Software Alliance (BSA), software piracy rate in Taiwan has fallen below the median, ranking second lowest in Asia while Japan took the lead. We believe, by taking the above measures, piracy rate would decline even further.
As information technology becomes an irreversible trend in global development, the Internet has also become an indispensable part of modern life. To strengthen Internet management and prevent IPR infringements on campus, two regulations, the Regulations for Internet Usage at Schools and the Regulations for Managing the Taiwan Academic Network (TANet) are issued by the MOE.
Creating a sound IPR protection is the responsibility of every citizen. Therefore the concept of IPR protection shall be fostered at an early age. In recent years, under the joint effort of the Taiwan government and relevant sectors, the implementation of the aforementioned measures has produced positive results. The government will continue to make unremitting efforts to review our IPR policies and take every action to implement IPR protection in Taiwan.
ENHANCING THE CONCEPT OF IPR PROTECTION
To engender proper copyright knowledge among students and respect for intellectual property rights, the Taiwan government has taken concrete measures to incorporate IPR concepts into school curriculums so as to raise IPR protection awareness on campus. These measures can be categorized into three aspects, incorporating concept for IPR protection into school curriculum, enhancing knowledge on IPR related regulations, and managing and evaluating IPR protection.
Incorporating concept for IPR protection into school curriculum
In 2001, IPR protection awareness was incorporated into curriculums for elementary and junior high schools under the administrative directives by the MOE. Basic concepts of IPR protection are introduced to foster the respect for creativity and intellectual property.
At the senior high school level, IPR protection is included in the teaching material for the elective course, "Introduction to Law", in which brief introductions on IPR, copyrights and patents are taught. In the "Guidelines for Senior High School Curriculum" issued by the MOE on August 31, 2004 (to be implemented in 2006), all senior high school students are required to take a minimum of eight credits in Citizen and Society. "The Civil Codes and You", which is one of the themes in Citizen and Society, includes topics on intellectual property rights to help students gain a better understanding on the significance and legal protection of intellectual property rights.
At the vocational school and junior college level, IPR knowledge has been included into new curriculums since September 2001 to include classes on computer application, introduction to computer, and laws and daily life. The MOE also encourages schools to offer IPR-related courses through optional subjects or workshops for students.
At the university level, the MOE encourages schools to offer IPR-related courses, and encourages those with law schools to plan IPR curriculums to enrich teaching materials on intellectual property rights. The MOE also encourages universities to set up part-time IPR management programs for working professionals to enhance their knowledge on IPR issues.
Campaign to enhance knowledge on IPR related laws and regulations
In order to boost the general knowledge of IPR law among students, the MOE has instructed schools to make use of occasions and opportunities to hold seminars or workshops on IPR laws and regulations as well as other activities to increase IPR laws exposure on campus. Schools are also requested to hold "IPR Awareness Week" every academic year and invite experts to present IPR-related legal issues so as to deepen the understanding of IPR knowledge and its related laws and regulations among teachers and students.
The MOE has also launched a website on educational law awareness. As of December 2003, 412 sample cases, fifty-six court rulings, sixteen interpretations on domestic laws, twenty-five interpretations on foreign laws, and ninety academic theses have been uploaded to the database to provide parents and students with information and knowledge on Internet usage. Newsletters and lecture notes are also available for students.
In order to deepen the general knowledge of IPR law among students, TIPO has continuously provided different online games on its official website that target elementary, junior high and senior high school students. Prizes are given to encourage students to visit the website and play the games. In 2004, 460,000 people visited the website, among them 330,000 students played the games.
Also, the MOE urges teachers to take IPR related courses in order to increase their IPR knowledge to upgrade the quality of teaching. For example, the MOE has subsidized universities and colleges to establish IPR education websites for elementary, junior high, and senior high school teachers to enroll in and exchange teaching experience. Furthermore, the MOE has encouraged teachers to take advantage of the summer and winter breaks to enroll in IPR related courses.
Mechanism for IPR management and evaluation
To provide effective and adequate IPR protection on campus, the MOE has urged all schools to include in school regulations disciplinary actions for IPR violations. IPR protection has also been listed as one of the key elements in school evaluation and superintendent assessment at all levels of compulsory education.
Respect for IPR and IPR protection are two major criteria for evaluation of university and junior colleges during periodic assessments by MOE. IPR protection has also been listed as one of the key elements in the Implementation Points for Subsidies for Private Universities and Junior Colleges' Counseling Service and Cooperation Fund. Also, beginning from 2005, IPR protection will be included in school evaluation at the vocational school and junior college level.
The MOE has repeatedly stated at the Chancellors conferences and Deans of Student Affairs conferences the needs for reinforcing IPR education on campus. Directives have also been given to all administrative offices in charge of education affairs to strengthen IPR education and enhance IPR awareness among teachers and students.
According to an MOE survey conducted on all universities and colleges in January 2005, the aforementioned measures have been duly carried out. We firmly believe that the concept of IPR protection would gradually take root among students and teachers under the joint efforts by relevant agencies and school administrators.
STRENGTHENING IPR AWARENESS
To strengthen the concept of users-must-pay and respect for IPR protection on campus, promotional movie clips have been produced along with other tools such as newspapers, magazines and electronic media to engender the concept of anti-counterfeit and anti-piracy among students.
To encourage IP protection on campus, TIPO launched a "Campus IP Engendering Program" in 2004, by cooperating with eleven on-campus Legal Service Groups that are made up of law students to provide legal advice to the public to introduce IP concept to forty-four elementary and secondary schools across Taiwan. Over 8,000 students participated in this program.
IPR workshops are delivered by TIPO to all levels of schools to present information on IPR laws and practices. Awareness on the Copyright Act is also presented to school libraries and computer centers. In 2004, 143 such presentations were delivered and at least 15,000 people participated, with a satisfactory rate reaching 92%.
A series of other promotional activities have also been employed in 2004 to promote IPR protection on campus. Composition and debate contests were held to engender the concept of IPR protection into the daily life of students as well as pamphlets and promotional materials such as cartoons and DVDs on IPR laws and practices have been issued and distributed to schools and student clubs.
Anti-piracy movie clips featuring popular stars as spokespersons have been produced and broadcast on four non-cable TV stations and have been shown at 650 cinemas across Taiwan. Furthermore, anti-piracy messages and the concept of IPR protection have been publicized through 78 electronic billboards at various locations. Special programs have also been aired on TV and published on newspapers and magazines columns to deepen the understanding of IPR laws and practices. Given the fact that students depend highly on public transportation system to travel about, TIPO has put up advertisements at MRT stations throughout Taipei City to promote IPR protection.
HALTING THE USE OF PIRATED BOOKS
In response to the common practice of photocopying textbooks among students, the MOE has instructed all universities and colleges not to engage in the reprinting of copyrighted textbooks. Under the IPR protection mechanism established at schools, teachers and students will be strictly monitored against such infringing conduct on and off campus. Libraries and bookstores on campus are also given instructions to not accept requests for such photocopying service. Police and other law enforcement agencies have conducted random raids of photocopy shops on the perimeters of university campuses, especially at the beginning of each semester, to eradicate illegal photocopying.
To assist students in purchasing and using legal copies of textbooks, the MOE encourages school authorities to partner with book agents to order the textbooks in advance so that students can purchase the books at discount prices. School libraries are also encouraged to increase the library collections and exchange with other libraries. According to a February 2004 MOE conducted survey on IPR implementation at universities and colleges, 65% of universities and 63.8% of vocational schools and junior colleges have established partnerships with book agents. 65% of universities and 61.54% of vocational schools and junior colleges have agreed to order textbooks in advance. This indicated that an adequate and effective channel for the use of copyrighted books has been established on campus. TIPO has helped universities and colleges to set up secondhand textbook sale on campuses through which students can purchase original copies of textbooks in low prices. An initial venture was partaken by three universities, namely the Shih Hsin University, National Chung Hsing University and National University of Kaohsiung, in which the results were positive. This project will be extended to other universities in the coming academic year.
To increase awareness on the New Copyright Act, IP promotional campaigns aimed at university libraries and photocopy shops on and off campus have been sponsored by TIPO. These include topics on the relationship between library management and the Copyright Act as well as the provisions on reproduction and the scope of fair use. Sample copyright authorization agreements are also provided to schools for their reference and use.
Under the cooperative efforts of relevant agencies and schools, the use of pirated textbooks has decreased. Five photocopy shops and four suspects were found engaging in illegal copying of textbooks in September 2004, as compared to the eleven shops and eleven suspects found in March 2004. The total number of volumes seized in September 2004 was 76, compared with 200 plus volumes seized in March 2004. Schools will continue to double their efforts and cooperation with the MOE in reducing infringement activities on campus while retaining their academic freedom to ensure a sound learning environment.
HALTING THE USE OF ILLEGAL ODs AND SOFTWARE
Halting the use of illegal ODs
To contain the rampancy of illegal ODs in Taiwan, the Copyright Act, promulgated on July 11, 2003, provides the manufacturing and selling of pirated ODs a public offense. This stipulation has produced deterrent effect on the reproduction and retail sale of pirated ODs as well as curtailing illegal 'burning' of ODs on campus, especially in the pirating of music, video and software ODs. This is a strong indication that the 2003 amendment to the Copyright Act is effective.
To prevent teenagers from engaging in the sale of pirated ODs, the MOE has requested all city and county governments to provide parents at parental education classes and parents-teachers conferences with information on the legal liabilities that parents must face and other social issues that arise from copyright infringements.
Halting the use of illegal software
To step up on the management of computer centers at schools, the MOE has requested universities and colleges to designate IPR protection awareness personnel to conduct periodic inspections on software usage on campus. The MOE has also issued directives to public and private schools across Taiwan to instruct them not to offer illegal software for downloading on their websites as well as not to install and use illegal software. Schools are also instructed to formulate reward and penalty methods to combat piracy. Administrative departments responsible for information affairs are to conduct periodic inspections on campus for any illegal software. All illegal software found should be eliminated and destroyed.
To assist schools and students in purchasing legal software, the MOE urged software associations in Taiwan to provide software at discount prices. Furthermore, the MOE has acted as an intermediary to facilitate the cooperation between hardware manufacturers and software providers to offer students package deals on software usage and free upgrades. The "Microsoft Partnership Project" is one such cooperation. According to a survey, 98% of universities and colleges have signed contracts with software providers for large volume licensing on the use of Microsoft operation systems and Office software.
According to the 2003 global software piracy study released by the Business Software Alliance (BSA), world piracy rate in 2003 was 36%. Piracy rate for the Asia Pacific region was 53%, while Taiwan's piracy rate has fallen below the median, ranking second lowest in Asia at 43% with Japan at the lead. To strengthen enforcement against software counterfeiting by organized criminals, the Implementation Plan for Enhancing Computer Software Protection was written under the cooperation of TIPO and other relevant government agencies, right holder groups, Internet platform service providers, and computer associations. The Plan is implemented from September 1, 2004 to December 31, 2005. It is hoped that piracy rate for business software will drop below 40% in 2005.
PERFECTING INTERNET MANAGEMENT
To strengthen Internet management on campus, the MOE and TIPO have jointly established a cooperation mechanism to hold meetings periodically to formulate effective preventive and management measures against Internet infringements. TIPO has also launched awareness campaigns on the Copyright Act at computing centers on campus to explain the relationship between Internet infringements and the Copyright Act. Also, two regulations, the Regulations for Internet Usage at Schools and the Regulations for Managing the Taiwan Academic Network (TANet) are in place to ensure effective management of Internet usage on campus.
Implementing regulations for Internet usage at schools
On May 29, 2001, the MOE established the "Legal Consultation Committee on Internet Regulations" to provide research, interpretation and consultation service on legal issues over Internet usage on campus. The Regulations for Internet Usage at Schools, which entered into force on January 3, 2002, provides Internet users with a set of standards to abide by for the purpose of promoting education and learning. The MOE also requested all levels of schools to incorporate the said Regulations into school regulations.
The said Regulations place special emphases on the concept of cultivating students to respect IPR and regulating schools to govern Internet users from engaging in IPR infringements. Major provisions of the Regulations include the prohibition of:
Using unlicensed computer programs;
Downloading and reproducing works protected by Copyright Act;
Uploading copyrighted works onto public websites without the consent of authors;
Re-posting articles from BBS or other online forums without the author's authorization;
Setting up websites for the public to download copyrighted works;
Any other activities that could involve IPR infringements.
Users who violate these regulations are subject to disciplinary actions as prescribed by each school's regulations or having their rights to Internet usage terminated. Internet management personnel violating these regulations are subject to heavier penalty. If illegal activities are involved, violators will be liable to penalty provided under the Civil Codes, Criminal Codes, Copyright Act, or other relevant regulations.
Establishing an adequate regulations for managing the Taiwan Academic Network
The Taiwan Academic Network (TANet), being the ISP for the academia, plays an important role in supporting teaching and research, sharing of resources and offering cooperation opportunities among schools and institutions across Taiwan. TANet has a management committee, a technical unit, and an information usage and management unit that was formed in 2002 to balance technology and safe usage of TANet. TANet's management is divided into three levels, they are, in a top-down order, the TANet Management Committee, Regional Network Center and County/City Education Network Center, and clients, whom being the schools or institutions. The TANet Management Committee requests all levels of networks or Internet management staffs to conduct regular supervision, guidance and management on clients or end users for irregular data flow or inappropriate use of data. The TANet Management Committee also requests them to ensure that relevant regulations on Internet use are observed.
To ensure proper management of TANet, three regulations and prevention measures have been formulated. These are, the Regulations for Managing the Taiwan Academic Network (TANet), Agreements on the Management and Use of BBS, and Main Points for TANet's Clients against Internet Crime Prevention. Beginning in 2000, education departments and all levels of schools have been requested to follow with the government's policy on campus IP awareness. Schools have also been requested to inspect, at least once a semester, website contents on campus Internet. In 2001, MOE began to commission major universities to carry out study projects on TANet resources to strengthen the management mechanism.
In view of new developments in Internet technology and in promoting the respect for law and order, the Regulations for Managing the Taiwan Academic Network was written on May 18, 2004, which stipulates that TANet users shall respect IPR and observe IP-related laws as well as obey the aforementioned Regulations.
Under the Regulations, TANet users are not allowed to engage in infringements including:
◆Using unlicensed computer programs;
◆Downloading and reproducing works protected by Copyright Act;
◆Uploading copyrighted works on public websites without the consent of authors;
◆Re-posting articles from BBS or other online forums without the author's authorization;
◆Any other activities that could involve IPR infringements.
End users and management staffs violating the Regulations for Managing the Taiwan Academic Network are liable to disciplinary actions as prescribed by each school or institution's regulations. If illegal activities are involved, violators will be liable to legal responsibilities as well as administrative sanctions. To encourage more tip-offs to safeguard Internet telecommunication safety, informants will be rewarded accordingly.
An email account has been set up since 2001 by TANet on regional network centers for the public to report illegal websites. Regional network centers are required to reply to informants within seven days regardless of whether the allegations are true or false. The processing of such complaints would also be used as reference for school evaluation. In 2003, a total of 280 suspected websites were reported, with most complaints coming from overseas. Between January and December 2004, a total of 3,313 reports on irregularities were processed.
CONCLUSION
Establishing a sound learning environment and engendering the respect for intellectual property right in students have always been the goals the Taiwan government endeavors to attain. However, school is an integral part of society, the responsibility of enhancing IPR awareness among students should not be fallen solely upon the government. School, family, and the community should share that same obligation and duty. In an age of rapid technological development, Internet has become an irreversible trend that infiltrates every corner. Teaching-learning patterns have changed from the traditional classroom setting to computer-acquired learning and distance learning. As such, instilling the concept of IPR protection into daily life should be the most important task in promoting IPR protection on campus.
The Taiwan government will continue to implement programs and measures to assist students understand and embrace the concept of "users of today's IPR will be tomorrow's rights owners; respect IPR now is to protect your own rights in the future". It is hoped that this concept will be spread throughout all schools and be extended into the community and society. We will sustain our achievements and build upon the existing foundations that we have set out and will endeavor to create a sound and globalized IPR environment.
