Publication Type

Journal Article

Version

publishedVersion

Publication Date

12-2002

Abstract

In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology Cooperation Law (TCL) was enacted to regulate those investments that provided patents and know-how in return for royalties instead of capital stock.3 The TCL marked the commencement of an era in which state-directed intervention was used to control the direction and results of technology transfer from a strategic viewpoint of national development and the optimal use of scarce foreign exchange reserves. The TCL was complemented with a network of laws providing a variety of incen

Discipline

Asian Studies | Science and Technology Law

Research Areas

Innovation, Technology and the Law

Publication

International Lawyer

Volume

36

Issue

4

First Page

1145

Last Page

1163

ISSN

0020-7810

Publisher

American Bar Association

Download

Share

COinS