In 2009 Taiwan enacted amendments to its Copyright Act to implement a three-notice Graduated Response system.
Article 90quinquies of the Act provides for exemptions from infringement liability for ISPs similar to those provided for by the US Digital Millennium Copyright Act. An ISP will enjoy the benefit of, in particular, the exemption for provision of Internet access services only if the ISP:
- informs users of its copyright protection policy by contract, electronic transmission or “automatic detective system” and takes concrete action to implement it
- informs users that, in the event of 3 alleged infringements, the ISP will terminate the service in whole or in part
- makes available a public address for the receipt of notifications.
Where right holders have provided “technical measures which have been developed on a broad consensus and are used to identify or protect copyrighted … works”, the ISP must accommodate and implement those measures if they have been “ratified by the competent authority”.
Regulations were issued on 4 December 2009 setting out requirements for the notification procedure.
However, in 2013 the International Intellectual Property Alliance, in a Special 301 submission on behalf of a coalition of right holders, declared that the Taiwan legislation was “a dead letter”, by reason of a failure to issue implementing guidelines.