Potential Impact of Joining CPTPP on the Development of Cultural and Creative Industries (Copyright Law Section)

Taiwan's application to join the CPTPP may require corresponding amendments to laws such as the Copyright Act. According to the draft amendment released by the Ministry of Economic Affairs' Intellectual Property Office, illegal digital reproduction, distribution, and public transmission will be changed to a non-complaint-based offense, with specific criteria focusing on significant infringement behaviors. However, due to the significant and far-reaching impact of this change, the implementation date will be set separately.

On September 22, 2021, the Taiwanese government officially applied to join the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP) under the name "Taipei, Keelung, and Kinmen-Matsu Individual Customs Territory" (TPKM). Currently, eight countries—Mexico, Japan, Singapore, Australia, New Zealand, Canada, Vietnam, and Peru—have completed their domestic approval processes. The combined population of these member countries is nearly 500 million (accounting for 7% of the global population), with a total GDP exceeding 11 trillion USD (accounting for 13.1% of global GDP). The trade value between Taiwan and these countries accounts for over 24% of Taiwan’s total trade, making it critical for Taiwan’s participation in regional economic integration.

However, to join the CPTPP and align with the contents of the multilateral free trade agreement, Taiwan's laws also require corresponding amendments, including adjustments to the Copyright Act, Patent Act, Trademark Act, and others. To complete these regulatory amendments, relevant government departments may soon submit them to the Executive Yuan for approval and then proceed with the third reading in the Legislative Yuan.

Regarding the amendment of the Copyright Act, according to the draft released by the Ministry of Economic Affairs' Intellectual Property Office, illegal digital reproduction, distribution, and public transmission will be reclassified as a non-complaint-based offense, with specific thresholds set to target significant infringement behaviors. However, due to the profound impact of this change, the implementation date will be determined separately.

According to the general explanation of the Copyright Act amendment draft, the key revision is to align with the adjustments made to the public prosecution system, shifting the scope of non-complaint-based offenses. The primary purpose is to address CPTPP’s requirements for copyright piracy and distribution activities with commercial scale, granting responsible authorities the ability to take legal action on their own initiative. In cases where an offense is considered a non-complaint-based offense, authorities can proceed with criminal investigation and prosecution based on facts they are aware of, without the need for a formal criminal complaint.

In Taiwan, where piracy remains rampant and people may inadvertently violate copyright laws due to a lack of understanding, the shift to non-complaint-based offenses could have significant consequences. The decision to prosecute will no longer be solely at the discretion of the complainant, which may offer enhanced protection for copyright holders. However, this shift will undoubtedly have far-reaching implications on both the accused individuals and the judicial process itself.

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