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法規名稱: ARRANGEMENT BETWEEN THE NEW ZEALAND COMMERCE AND INDUSTRY OFFICE AND THE TAIPEI ECONOMIC AND CULTURAL OFFICE, NEW ZEALAND ON THE RECIPROCAL PROTECTION AND ENFORCEMENT OF COPYRIGHT
簽訂日期: 民國 87 年 06 月 15 日
生效日期: 民國 89 年 12 月 22 日
簽約國: 亞太地區 > 紐西蘭
沿革:
1.Signed on June 15, 1998; Entered into force on December 22, 2000.

 
Whereas the New Zealand Commerce and Industry Office and the Ta-
ipei Economic and Cultural Office, New Zealand (hereinafter ref-
erred to jointly as "the Parties")
Wishing to promote extensive, close and friendly commercial, cu-
ltural and other relations,
Desiring to facilitate the expansion of trade and commerce on a
non-discriminatory basis, and
Recognizing the benefits to be derived from the reciprocal prot-
ection and enforcement of copyright,
Have come to the following arrangements:

Paragraph 1
Implementing Authorities

The authorities implementing this Arrangement will be the Copyr-
ight Committee of the Ministry of Interior in Taipei, and the
Ministry of Commerce in Wellington (hereinafter referred to res-
pectively as "the Copyright Committee" and "the Ministry of Com-
merce", and jointly as "the implementing authorities").

Paragraph 2
Definition

"Territory" means:
(a) In respect of the Copyright Committee, the areas to which
the copyright legislation of the geographical areas of Taiw-
an and other outlying islands under the same jurisdiction
applies.
(b) In respect of the Ministry of Commerce, the areas to which
the copyright legislation administered by the Ministry of
Commerce applies.

"Copyright Material" means such material to which the Parties'
territories accord protection and enforcement under their respe-
ctive copyright laws and procedures.

Paragraph 3
Scope

The Parties acknowledge that the reciprocal protection and enfo-
rcement to be accorded by each implementing authority in its re-
spective territory for the purposes of this Arrangement shall
apply to:
(a) Copyright material brought into existence after entry into
effect of this Arrangement; and
(b) Copyright material in existence before the entry into effect
of this Arrangement, provided that for the purposes of this
Arrangement no act by a person before the entry into effect
of this Arrangement will be taken to constitute an infringe-
ment of the copyright in, or in respect of, that material.

Paragraph 4
Reciprocity of Protection and Enforcement

Either Party or implementing authority will ensure that, in acc-
ordance with the laws and procedures of its territory, the copy-
right material of the citizens or corporations in the territory
of the other implementing authority, will be accorded copyright
protection and enforcement on the same basis as that accorded to
the copyright material of the citizens or corporations of its
own territory.

Paragraph 5
Consultations
Either Party or implementing authority may, at any time, request
consultations on any aspect of the implementation or application
of this Arrangement.

Paragraph 6
Amendments

This Arrangement may be amended at any time by mutual consent in
writing between the Parties.

Paragraph 7
Review

1.Either party or implementing authority may request review of
this Arrangement after this Arrangement has been in effect for
a period of twelve months.
2.This Arrangement will be subject to review should the Marrake-
sh Agreement Establishing the World Trade Organization, which
Incorporates the Agreement on Trade-Related Aspects of Intell-
ectual Property Rights (hereinafter referred to as the WTO Ag-
reement), enters into force for the Separate Customs Territory
of Taiwan, Penghu, Kinmen and Matsu.
3.Nothing in this Arrangement will be taken to effect the rights
and obligations of the Parties under the WTO Agreement.

Paragraph 8
Entry into effect and Termination
1.This Arrangement will enter into effect after each Party has
notified each other in writing of the completion of legal pro-
cedures necessary for the implementation of this Arrangement.
The date of entry into effect will be the date of the last of
these two notifications.
2.This Arrangement may be terminated by either Party upon six
months written notice in advance.
IN WITNESS WHEREOF the undersigned, being duly authorized, have
signed this Arrangement.

Done in Taipei ON The 15th day of June, 1998, in duplicate in
the Chinese and English languages, both texts having equal vali-
dity.

FOR THE NEW ZELAND COMMERCE AND INDUSTRY OFFICE
NAME:M. BRIDGE
TITLE:DIRECTOR

TAIPEI ECONOMIC AND CULTURAL OFFICE
FOR THE TAIIPEI ECONOMIC AND CULTURAL OFFICE, NEW ZEALAND
FRANK C. LIN
REPRESENTATIVE T.E.C.C. WELLINGTON

Mr. Nick Bridge 12 November, 1999
Director
New Zealand Commerce & Industry Office in Taipei
C/o Ms. Rosemary Banks

Director, North Asia Division
Ministry of Foreign Affairs & Trade

Dear Nick ,
Upon instructions, I wish to notify you that due to the restruc-
ture of the Copyright Committee of the Ministry of Interior, our
implementing authority for the "Arrangement between the Taipei
Economic & Cultural Office in New Zealand and the New Zealand
Commerce & Industry Office on the Reciprocal Protection and Enf-
orcement of Copyright" has been changed from the Copyright Comm-
ittee of the Ministry of Interior to the Intellectual Property
Office of the Ministry of Economic Affairs. Enclosed please find
the amendments both in Chinese and English version for your ref-
erence.

The ratification procedures required by our domestic law to give
the above mentioned arrangement effect were completed in Oct. 19
98. For the arrangement to enter into force, I look forward to
receiving your notification to the same effect as provide in pa-
ragraph 8 of the arrangement.

Your sincerely,

Frank C. Lin
Representative

c.c. Mr. Mark Steel
Director,Competition and Enterprise Branch, Ministry of Commerce

16 November 1999 TWN/NZ/1/15
Frank C. Lin
Director
Taipei Economic and Cultural Office
Level 21
105 The Terrace
Wellington

Dear Frank,
I refer to you letter of 12 November 1999, advising that your
implementing authority for the Copyright Arrangement between the
Taipei Economic and Cultural Office in New Zealand and the New
Zealand Commerce and Industry Office which was signed in Taipei
in June 1999, has been changed from the National Bureau of Stan-
dards in Taipei to the Intellectual Property Office of the Mini-
stry of Economic Affairs.

I can confirm that the amendments to the Arrangement enclosed
with your letter which reflect this change are acceptable to the
New Zealand Commerce and Industry Office, and that your letter
and this reply shall constitute an Arrangement between our two
offices with effect from the date of this reply.

Nick Bridge
DIRECTOR

22 December 2000

Mr. Frank Lin
Director
Taipei Economic and Cultural Office in New Zealand
PO Box 10-250
WELLINGTON cc:NAD

Dear Mr. Lin

IMPEMENTATION OF BILATERAL INTELLECTUAL PROPERTY ARRANGEMENT
I refer to the Arrangement between the Taipei Economic and Cult-
ural Office, New Zealand and the New Zealand Commerce and Indus-
trial Office on the Reciprocal. Protection and Enforcement of
Copyright ("the Arrangement")

The Arrangement was signed in August 1998 and in a letter dated
12 October 1998 we received notification from you of the comple-
tion of the legal procedures required for the Arrangement to en-
ter into effect.

There were three major steps which had to be completed before
this Arrangement could come into effect in New Zealand, Firstly,
an Order in Council had to be promulgated to give domestic effe-
ct to the Arrangement: the Copyright (Application to Other Coun-
tries) Amendment Order 2000. Secondly, the Order in Council had
to be gazetted for 28 days prior to coming into force. It was
published in the Gazette on 9 November 2000 and came into force
on the 7 December 2000. Finally, in accordance with Paragraph 8
(1) of the Arrangement, both signatories must notify each other
in writing of the completion of legal procedures necessary for
the implementation of this Arrangement.

I am therefore pleased to notify you that, having completed the
procedures necessary for the implementation of this Arrangement
and having already received notification from you to similar ef-
fect, then in accordance with Paragraph 8(1), the Arrangement
will enter into effect on the date of this letter of notificati-
on.

Please find attached a copy of the Order in Council.
Yours sincerely

Paul Ash
Acting Director
New Zealand Commerce and Industry Office

Encl
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