經濟部智慧財產局著作權審議及調解委員會組織規程

These Regulations are promulgated under the provisions of Article 83 of the Copyright Act.

A Copyright Review and Mediation Committee (hereinafter, "the Committee") shall be established by the Intellectual Property Office (hereinafter, "TIPO") of the Ministry of Economic Affairs to handle matters under Article 82 of the Copyright Act and under Article 25, Paragraph 4, Article 26, Paragraph 2, and Article 30, Paragraph 5 of the Copyright Collective Management Organization Act.

The Committee shall consist of a chair to be concurrently assumed by the Director General of TIPO, and 21 to 29 members to be appointed by the Director General of TIPO from among relevant government agency representatives, scholars, experts, rights holder representatives, exploiter representatives, and relevant TIPO personnel, to serve term of two years concurrently with their regular positions.Neither gender should occupy less than one third of the seats of the committee.

The Committee shall appoint one executive secretary, three secretaries, and two to six staff, all of whom shall be relevant TIPO personnel serving on assignment concurrently with their regular positions.

Meetings of the Committee shall be convened and presided over by the chair. In the event that the chair is unable to attend a meeting, the chair shall designate one member to chair the meeting.

1A resolution on a matter under review by the Committee may be adopted only by the consent of a majority of the members in attendance at a meeting attended by one-half or more of all members.

2A resolution on a matter under consultation by the Committee may be adopted only by the consent of a majority of the members in attendance at a meeting attended by one-third or more of all members. However, for consultation on matters set out in the Copyright Collective Management Organization Act, depending on the actual circumstances of a case, after giving consideration to the scope of the market for copyright exploitation and the affect on its licensing order, the Committee may designate three to five members to form a consultation subcommittee, which may adopt a resolution only by the consent of more than two-thirds of the subcommittee members in attendance at a subcommittee meeting attended by two-thirds or more of the subcommittee members.

3Members shall attend Committee meetings in person. However, government agency representative who is unable to attend may appoint a representative to attend on their behalf. That representative shall be counted among the members in attendance and have a voice and a vote at the meeting.

4When the Committee handles dispute resolution matters, it shall do so in accordance with the Regulations of Copyright Dispute Mediation.

The Committee may invite relevant persons to attend meetings and provide opinions.

All personnel serving in a concurrent capacity on the committee do so in a pro bono capacity.

The funds required by the Committee shall be allocated from TIPO's annual budget.

The Committee has no capacity to issue any official documents externally. All resolutions of the Committee, after being approved by the Director General of TIPO, shall be issued in the name of TIPO.

These Regulations shall come into force from the date of promulgation.