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Over the past twenty years, people had to apply to TIPO for a copyright inspection certificate for the surveillance of the customs authority, before they could export audiovisual works, such as LDs, VCDs, DVDs, or audio CDs to foreign country region. To save people money and streamline customs procedures for exporting, the Ministry of Economic Affairs (MOEA) has, on March 1, 2017, repealed relevant guidelines on the application of such inspection certificates in the event of exporting audiovisual works or OEM audio CDs. In addition, the Bureau of Foreign Trade of the MOEA has also, on February 15, 2017, removed recorded LDs, VCDs and DVDs of sound and image (Commodity Classification Code: 8523.49.00.21-0; Export Regulation Code: 571) from relevant regulations, so that no copyright inspection certificate is needed for their export.
Starting from March 1, 2017, people no longer need to apply to TIPO for a copyright inspection certificate before their export action of audiovisual works, such as LDs, VCDs, DVDs, or audio CDs to another country. Rather, they can simply export such goods in accordance with regular customs procedures. However, when the customs authorities, in the course of executing their duties, discover import or export goods that in appearance are obviously suspect of copyright infringement, the officials can still ex officio request the importer or exporter to provide relevant licensing papers for inspection, in accordance with Article 90bis of the Copyright Act.
In addition, according to subparagraph 1 of Article 17 of the Foreign Trade Act, importers and exporters shall not violate any intellectual property rights protected by laws of this country or other countries. Infringers can receive a warning, an administrative fine of not less than NT$30,000 and not more than NT$300,000, or be banned from importing, exporting, or importing and exporting goods for not less than one month and not more than one year, in accordance with Article 28 of the same Act.
Intellectual Property Office Ministry of Economic Affairs,R.O.C