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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:20
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Chapter Law Content

Chapter 2 Assistance, Reward and Subsidy scheme
Article 12
The Competent Authority and the central relevant competent authorities shall provide assistance, rewards, or financial support for the following:
1. Registration for conversion into judicial persons and related tax status.
2. Creation of products and services or research and development.
3. Startup incubation.
4. Creating a comprehensive system of agents.
5. Circulation and application of intangible assets.
6. Improvement of management skills.
7. Application of information technology.
8. Training of professionals and recruitment of foreign professionals.
9. Promotion of investment attraction efforts.
10. Cross-industry cooperation.
11. Market expansion.
12. International cooperation and exchanges.
13. Participation in domestic and foreign competitions.
14. Industry clusters.
15. Use of public real property.
16. Collection of industry and market information.
17. Promotion and dissemination of high-quality products and services from the cultural and creative industries.
18. Protection and application of intellectual property rights.
19. Assistance with enlivening products and services from cultural and creative businesses.
20. Assisting the promotion of the regular distribution of tickets to artistic and cultural performances and ensuring an orderly marketplace.
21. Other matters pertaining to the promotion of the development of the cultural and creative industries.
The central relevant competent authorities shall draft and issue guidelines pertaining to the recipients of assistance, rewards, and financial support, as well as conditions, scope of applicability, application procedure, review criteria, the revocation or cancellation of financial support, and other matters.
Article 13
To elevate the citizens ’ capacity for art and cultivate the popularities of cultural and creative activities, the Government shall provide schools which are below the senior high school level with artistic and cultural creativity appreciation courses and arrange for relevant educational activities.
Article 14
To promote the consumption habits relating to arts and invigorate the Cultural and Creative Industries, the central Competent Authority may earmark budgets to subsidize students viewing and appreciation of artistic and cultural exhibition and performance, and issue and distribute tickets to artistic and cultural experience events.
The target of the aforementioned subsidy and ticket distribution and the implementation regulations thereof are to be stipulated by the central Competent Authority.
Article 15
The Government shall encourage the Cultural and Creative Enterprises to provide original products or services at favorable prices so to develop domestic Cultural and Creative Industries, and the price difference between the original price and the favored one are to be subsidized by the central Competent Authority.
The identification and subsidy regulations regarding the original products or services scope in the preceding paragraph are to be stipulated by the central Competent Authority.
Article 16
The central authorities in charge of the end enterprises concerned may reward or subsidy the public to provide suitable space, set up each kind of creation, incubation and exhibition and performance facility for usage by the Cultural and Creative Enterprises.
The reward or subsidy regulations in the preceding paragraph are to be stipulated by the central authorities in charge of the end enterprises concerned.
Article 17
When the Government procures cultural and creative products or services via the method of public selection, the creativity and arts of the cultural and creative products or services may be included as part of the evaluation factors.
Article 18
The competent authorities in charge of the stations or the relevant facilities of public transportation systems shall preserve certain percentage of advertisement space at the said stations or on the relevant facilities as priority space for cultural and creative products or services. The advertisement space shall be offered at a favorable price. The percentage and usage fee thereof are to be stipulated by the Competent Authority.
Article 19
The central Competent Authority shall coordinate with the related governmental departments, financial institutions, and credit guarantee institutions to establish an investment, loan, and credit guarantee scheme for the Cultural and Creative Enterprises, and shall provide favorable measures to induce the infusion of private funds to support those Cultural and Creative Enterprises in various operational stages to acquire their needed funds.
The Government shall encourage business enterprises to invest in Cultural and Creative Industries so to facilitate the cross-field communication in the areas of operation strategy and management experience.
Article 20
To encourage Cultural and Creative Enterprises to establish their own brands and actively cultivate the international markets, the central relevant competent authorities in charge of end enterprises concerned may coordinate with each of their overseas offices to assist the Cultural and Creative Enterprises in establishing international brand image, attending reputable international exhibitions and performances, competitions, expositions, cultural arts festivals, etc., expanding the related international markets, and promoting sales.
Article 21
To foster the development of Cultural and Creative Industries, the Government may provide public cultural and creative assets that are under the custody and management of the Government, and such assets may include books, historical documentations, preserved cultural and historical relics or video and radio information, by leasing, authorizing or through other measures so long as it does not violate the relevant regulations on intellectual property right.
The management authority that provides the public cultural and creative assets in accordance with the preceding paragraph shall create an inventory list on assets that are being provided to the public, and shall publicize the said inventory information in a suitable manner.
The management authority may preserve a portion of the benefits gained through its compliance with the first paragraph and spend it on management maintenance, technology research and development, and talent cultivation. Such expenditures are exempted from the restriction set forth in Article 7 of National Property Act and local government regulations on public property management.
If public cultural and creative assets are utilized for non-profit purpose, the management authority may provide the user with favorable prices.
The regulations or municipal rules regarding the lease, authorization, benefit preservation and other relevant matters of public cultural and creative assets are to be stipulated by the central authorities in charge of the end enterprises concerned, municipality or county (city) competent authorities.
Article 22
To assist in securing locations for cultivating and supporting artistic creators and their exhibition and performance, and when the required real estate is publicly owned but not for public use, such real estate may be directly leased by the management authority in charge after the approval of the relevant competent authorities in charge of the end enterprises concerned. Such lease is to be exempted from the restriction stipulated in Article 42 of National Property Act and local government regulations on leasing methods of public property management.
Article 23
For a pledge on copyright originated from the Cultural and Creative Industries, the establishment, transfer, alteration, extinguishment or disposition restriction on that pledge may be registered with the copyright competent authority. If the pledge is not registered, such pledge will not be a valid defense against any bona fide third party. The foregoing provision will not apply if the pledge is extinguished by reason of a merger, or is extinguished by the extinguishment of the copyright or the guaranteed credit right.
Any person may apply to review the preceding content registered.
The registration regulation in the preceding first paragraph and the review regulation in the preceding second paragraph are to be stipulated by the Competent Authority under the Copyright Act.
The copyright competent authority may appoint private institutions or groups to deal with the matters stipulated in the preceding first and second paragraphs.
Article 24
If a copyright user uses its best effort but fails to obtain a valid authorization from the copyright owner due to either the identity or the location of the copyright owner being unknown, the user shall clarify the reason for its failure to obtain such valid authorization to the copyright competent authority. After the completion of an investigation conducted by the copyright competent authority and if as a result of the investigation the user has obtained the permission and authorization from the copyright competent authority, the user may utilize the work within the permitted scope if it has withdrawn the amount needed for usage remuneration.
The copyright competent authority shall pronounce the authorization permission in the preceding paragraph with suitable method and publish it on the government report.
The usage remuneration amount in the first paragraph shall be commensurate with the freely negotiated amount of reasonable and payable usage remuneration for a general work.
A replica of cultural and creative products which is made by obtaining the authorization and permission in accordance with the first paragraph shall indicate the permission date, number and the qualification and scope of the permissible usage issued by the copyright competent authority.
The regulations regarding the application of permission and calculation method of usage remuneration in the first paragraph and other matters which shall be complied with are to be stipulated by the Competent Authority under the Copyright Act.
After obtaining the permitted authorization based on the first paragraph, if any inaccuracy on the application is found, the copyright competent authority shall revoke the permission.
After obtaining the permitted authorization based on the first paragraph, if the user fails to utilize the work in compliance with the methods permitted by the copyright competent authority, the copyright competent authority shall rescind the permission.
Article 25
The Government shall support in the establishment of cultural and creative villages, and shall as a priority assist core creative and independent workers to situate in the said villages. The Government shall, through the clustering effect by involving different groups, further promote the development of Cultural and Creative Enterprises.
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