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

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1.Signed on May 07, 2013 Entered into force on May 07, 2013
 
The National Communications Commission, the Republic of China
(Taiwan) and the Korea Communications Standards Commission, the
Republic of Korea,

(hereinafter referred to as "the Participants"), Recognizing
that the challenges and opportunities presented in a rapidly
changing broadcasting and communications environment, including
the accelerated evolution of media convergence, should be
addressed in a timely and effective manner,

Considering the need for mutual cooperation between the
Participants to protect their domestic audience and users from
harmful content in the new media, in which national boundaries
are unable to filter out or limit access to such content located
overseas,

Desiring, therefore, to establish an effective working
relationship and to strengthen the mutual cooperation for a
safer broadcasting and communications environment,

Have reached the following understanding:

Article 1 OBJECTIVE
The main objective of this Memorandum of Understanding
(MOU) is to allow the Participants to engage in
consultations about matters of mutual interest and to
facilitate the exchange of information between the
Participants, as well as to further enhance
cooperation and effectiveness in developing
cooperative mechanisms for each Participant to promote
media environment in the respective country.
Article 2 COOPERATIVE ACTIVITIES
(a) Cooperation under this MOU may include the
following activities in the field of broadcasting
and communications provided that such cooperation
comes within both Participants ’ areas of
competence:
(i) formalization of cooperative relationships
between the Participants as equal partners based
on mutual interest and trust;
(ii) facilitation of cooperation in the exchange of
information relevant to general statutory
functions and duties of each Participant;
(iii) establishment and improvement of communication
channels between the Participants;
(iv) facilitation of mutual visits and exchange of
experts, staff and delegations between the
Participants;
(v) enhancement of cooperation with other
organizations in the field of media that may
assist the Participants in performing their
functions;
(vi) co-organization of conferences, campaigns and
other events that facilitate a communication
environment conducive to both Participants.
(b) This MOU is limited in scope to the statutory
functions of each Participant in relation to
broadcasting and communications matters under
their respective jurisdictions.
Article 3 COMMUNICATIONS
(a) In order to facilitate and comply with the
cooperative activities stated above, the
Participants will intensify the communication with
one another, and designate at least one liaison
person from their respective country for the
purpose of such cooperation.
(b) Electronic means, including the Internet and
e-mail, fax, and telephone, will be the primary
means of communication between the Participants.
Article 4 CONFIDENTIALITY
(a) The Participants shall use the information and
knowledge shared or obtained in the course of the
activities carried out under this MOU, solely for
the purpose of implementing the objectives of this
MOU.
(b) Neither Participant shall disclose, provide nor
allow third parties access to any of information
provided or communicated in confidence by the
disclosing Participant, except for and to the
extent authorized in writing by the disclosing
Participant.
(c) Article 4(a) and 4(b) shall apply to all
information and knowledge shared or obtained under
this MOU, notwithstanding anything to the contrary
in other agreements or memoranda of understanding
signed between the Participants.
(d) Ownership of confidential information, including
any documents, files, materials and other items
containing confidential information disclosed by
the disclosing Participant, shall remain with the
disclosing Participant.
(e) At the disclosing Participant ’ s written
request, the receiving Participant shall return
immediately to the disclosing Participant all
documents, files, materials and other items,
including any copies made of such documents,
files, materials and other items, in its
possession that contain confidential information
which the receiving Participant obtained under the
MOU; the receiving Participant shall not make any
further use or disclosure of such confidential
information.
Article 5 GENERAL PROVISIONS
(a) This MOU does not modify or supersede any laws in
force in, or applied to each Participant or to
their respective country.
(b) The cost derived from cooperation activities will
be shared by both Participants in a manner jointly
agreed and decided upon. Without further decision,
each Participant will bear in full its own costs
incurred for any activities under this MOU.
(c) Without prejudice to any other arrangement between
the Participants, the ownership of all
intellectual property rights in any materials or
items developed or shared by the Participants for
the purpose of this MOU will remain vested in the
respective Participant who develops or owns the
same.
Article 6 FINAL PROVISIONS
(a) This MOU will come into effect on the date of
signature and will remain effective for a period
of five years.
(b) The provisions of this MOU may be amended at any
time with the mutual written consent of the
Participants. Any such amendment shall come into
effect on the date of the amendment and shall be
considered an integral part of this MOU.
(c) Either Participant may terminate this MOU at any
time by giving a thirty-day written notification
to the other Participant. The termination of this
MOU shall not affect –
(i) any ongoing activities or programs carried out
under this MOU; or
(ii) the implementation and effectiveness of Article
4, which shall remain effective for a period of 5
years from the date of the termination of this
MOU.
(d) Any disagreement or dispute arising out of the
interpretation, implementation or application of
this MOU will be settled amicably via mutual
consultations or negotiations between the
Participants.

Signed in duplicate at Taipei on the 7th day of May, 2013, in
the English language.


For the National For the Korea
Communications Communications
Commission(NCC) Standards
Republic of China Commission(KCSC)
(Taiwan) Republic of Korea

Dr Shyr ,Howard S.H Park, Man
Chairperson Chairperson
Web site:Laws & Regulations Database of The Republic of China (Taiwan)