PME et propriété intellectuelle: Cas de Taiwan

5 CONCLUSION

With a GDP of U.S. $ 296 billion, Taiwan ranks 17th in world rankings. GDP per capita above U.S. $ 13,000. Foreign trade in Taiwan is very specialized. The island generates more than half of its trade with three countries: China and the United States are its two top export markets, Japan's biggest supplier. Taiwan is the 17th largest investor worldwide. China is the main focus of these investments. An estimated U.S. $ 100 billion would be invested in China Taiwan, making Taiwan the 1st investor in China. Taiwan has an industrial economy, and nearly half of its trade in electronics (32% of exports in 2003) and electrical machinery (11.4%). The island is the 3rd global manufacturer of semiconductors and the 4th largest producer of computer equipment. This specialization in new technologies is one of the main strengths of the Taiwan's economy.

In the 80s, Taiwan has managed to develop a real Hsinshu cluster dedicated to information technology around the Industrial Technology Research Institute (ITRI). In total, the semiconductor industry in Taiwan weighs approximately U.S. $ 35 billion U.S. $ and should reach 60 billion U.S. $ in 2010. Taiwan today has one of the telecommunications systems of the more developed world in terms of penetration of mobile telephony, Internet access to broadband, fixed line penetration. The industrial structure of Taiwan is built on a network of small and medium-sized family firms with high flexibility and high adaptability. Taiwan also has the large groups which may have a dominant position in the global market. ( www.yolin.net/Mission-Chine-public_05_02_15jmy.doc)

After many painful struggles for a decade and a half, the word «remarkable progress» is now

bestowed on Taiwan's IP reform^71(*). Yet this is anything but another «economic miracle»; rather this is the collective effort of many people and serious commitment from the entire society. By and large Taiwan has met or even surpassed in some regard the international standards on IP protection, yet there are still areas that require further reform, which include, inter alia, transparency, market access and national treatment. The most recent round of Taiwan's IP reforms can be viewed as very politically smart, yet somewhat risky. By delaying the effective date of the amendments, Taiwan intends to now use these half-ready domestic laws as political leverage in exchange for more favorable terms in its WTO accession negotiations, not just with the United States but all other nations. In other words, now the pressure is reverted back to the very same business lobbying forces that have traditionally pressed hard on the USTR and EU negotiators to gain headway with Taiwan. Apparently Taiwan's calculation is, now that it has done what can be done, those foreign industrial lobbies will start pressuring the USTR to give the go ahead on Taiwan's WTO accession.

An island of the size of the states of Maryland and Delaware combined, Taiwan has been the 7^th leading export market of the United States^72(*), the 15th largest economic power in the world, and has indeed become a major global economic player^73(*). Thus it really should be included in future international IP discussions. Yet the political situation between the two sides across the Taiwan Strait casts a constant spell over this proposition. As a result, Taiwan is very much treated by the world community as an outcast, pushed to follow what others have done after-the-fact and without any say. This situation has taken a toll on the morale and self-esteem of the island's population and has resulted in bursts of anti-American sentiment from time to time. This political reality is unlikely to change in the foreseeable future, however. Yet Taiwan's efforts and experiences should be told and learned. The world can be a better place and significant improvement can be made in a relatively short time. Even for countries plagued with IP problems, as long as their leaders make the same commitment, and employ the same concrete efforts to carry IP reforms through, as Taiwan continues to do.

5.1 Discussion of key findings of the survey in the context of the national background

IP has moved to center stage and become a key component of the international trade agenda and negotiations. Taiwan intends to turn itself into a «Asia-Pacific Regional Operation Center», with an ambition to transform the country into an high-tech island. To accomplish this goal, it must establish a clear track record of adequate and effective IP protection as well as full market access from within. Simultaneously, both government and citizens of Taiwan should pay close attention to global development, abide by international IP harmonization efforts.

5.1.1 Macro-level (Environment)

Taiwan is an economic miracle; the island has made a remarkable progress and reform of intellectual property is a success. It must be said that this progress has been very rapid. In less than 10 years, Taiwan has managed to restructure its institutions, creating new specialists in this area, companies specialized in providing consulting and laws to help foreign companies to more easily implanted and do business.

Taiwan has met or even surpassed in some regard the international standards on IP protection. Yet there are still areas which require further reforms can be viewed as very politically smart, yet somewhat risky.

Statistics show that Taiwan is more to the repression than to economic freedom to the corruption. The index of economic freedom related in corruption has increased from 90 in 1995 to 59 in 2008 (100 means economic freedom and 0 means repression. The Index of economic freedom dropped because the state has become more repressive, which is a good thing in the case of Taiwan Despite the country is still among the kings of the copy but is a clear improvement. Taiwan is especially involved but attitudes are changing and that is what takes time!

Index^74(*) of economic freedom related with corruption : statistics of Taiwan

What may be strange for the enforcement of intellectual property. We note that the island became the first country to implement them. Why is he still part of the kings of the copy? We believe that this is due to changing attitudes and government structures that are still young. Several authors speaking countries of Asia, explains that corruption is often at the highest level of government. We know that the indice of the corruption is of 5,9/10 at international level.

Some police officers are corrupt and especially the Mafia is very important and indeed most of its profit in this way. The country has also increased the number of actual policies for improving the lives and customs crossings.

* ⁷¹ This compliment, ironically, comes from one organization that has been one of the harshest critics on Taiwan's past IPR protection. See IIPA, supra note 4.

* ⁷² See USTR, 1997 NTE REPORT, supra note 2, at 349.

* ⁷³ See BUREAU OF COMPTROLLER, EXECUTIVE YUAN, KUO CH'IN T'UNG CHI T'UNG PAO (GENERAL REPORT ON THE STATE OF NATIONS AND ECONOMIC ANALYSIS) (1996). This is based on WTO's total trade volume (import and export) statistics of 1995. In addition, the Geneva-based World Economic Tribune ranked Taiwan's overall

international economic competitiveness at No. 8 out of 53 nations in its latest survey, up one notch from the 1996. survey. See Taiwan's Eco. Competitiveness Ranked 8th Highest In World, TRADEWINDS, Monday, September 1, 1997.

* ⁷⁴http://perspective.usherbrooke.ca/bilan/servlet/BMTendanceStatPays?langue=fr&codePays=TWN&codeTheme=9&codeStat=PF.CORRUP.HF.ECN.IN

Source : Heritage Foundation 2008, www.transparency.org/cpi

Autres sources:

www.eigerlaw.com

http://www.customs.gov.hk/eng/major_IPR_protection_scope_e.html

http://www.wipo.int/members/fr/

http://www.doingbusiness.org/ExploreTopics/RegisteringProperty/

6 APPENDIX

6.1 Appendix: The survey
6.2 Appendix: Statistical Data

The source of these statistics is TIPO. www.tipo.org

Table I: Invention Certificates Issued by International Patent Classification (IPC) in 2008 (TOP 20)

Table II: Utility Model Certificats Issued by International Patent Classification (IPC) in 2008 (TOP 20)

Table III: Design Certificates Issued by International Classification for Industrial Design System (LOC.) in 2008 (TOP 20)

Table IV: Residents Patent Applications in 2008 (Top 20)

Table V: Residents Certificate Issued in 2008 (Top 20)

Table VI: Certificates issued by nationality in 2008

Table VII : Patent Applications by Nationality (2008)

Table VIII: Statistics for IC Layout Applications and Certificates Issued

Table XIX: Statistics of Trademark Administrative Remedy Filed and Cancelled