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All questions
Overview
Lately, Taiwan has adopted numerous initiatives to facilitate monetary innovation with the event of know-how. Particularly, the Monetary Supervisory Fee (FSC), Taiwan’s monetary regulator, printed the ‘Fintech Growth Technique Whitepaper’ in Might 2016 to display its dedication to fintech. As well as, an motion plan designed by the FSC to develop Taiwan’s monetary sector was later unveiled in June 2018. The plan goals to spur monetary innovation and implement a spread of monetary insurance policies to answer monetary service calls for.
Additionally, to advertise fintech providers and firms, the Taiwan authorities promulgated a regulation for the fintech regulatory sandbox, the FinTech Growth and Innovation and Experiment Act (the Sandbox Act), on 31 January 2018, which took impact on 30 April 2018. The Sandbox Act was promulgated to allow fintech companies to check their monetary applied sciences in a managed regulatory setting.
There are at the moment no tax incentives particularly supplied for fintech corporations.
Regulation
i Licensing and marketingNo particular fintech licence
In Taiwan, conducting finance-related actions usually requires a licence from the FSC. Nonetheless, there isn’t a particular licence particularly focused at fintech corporations. Relying on the kinds of regulated actions, fintech corporations should meet sure {qualifications} as required underneath related legal guidelines and FSC rules.
Native advertising guidelines
The Monetary Shopper Safety Act (FCPA) and its associated rules present for the overall advertising guidelines relevant to advertising supplies for monetary providers. Generally, underneath the FCPA, when finishing up promoting, promotional or advertising actions, monetary providers suppliers mustn’t falsify, conceal, conceal or take any motion that may mislead monetary customers, and will make sure the truthfulness of the ads.
Along with the overall advertising guidelines underneath the FCPA, monetary service suppliers may additionally be topic to further advertising guidelines as specified within the legal guidelines and rules governing particular kinds of monetary providers or merchandise.
Automated digital advisory
Though no particular fintech licence exists that’s particularly focused at fintech corporations, some pointers and working guidelines have been launched in recognition that conventional licence necessities don’t handle fintech. For instance, the FSC has authorised the ‘Working Guidelines for Securities Funding Consulting Enterprises Utilizing Automated Instruments to Present Consulting Service (Robo-Adviser)’ (the Robo-Adviser Guidelines) issued by the Securities Funding Belief and Consulting Affiliation of Taiwan, Taiwan’s self-disciplinary organisation of the asset administration {industry}. Pursuant to the Robo-Adviser Guidelines, licensed securities funding consulting enterprises could present on-line securities funding consulting providers by utilizing automated instruments via algorithms (robo-adviser providers), and should adjust to sure guidelines, together with the next:
- there must be a periodical evaluate of the algorithm;
- related know-your-customer procedures must be carried out earlier than provision of recommendation;
- a particular committee must be established to oversee the adequacy of the robo-adviser providers; and
- the shoppers must be knowledgeable of precautions earlier than utilizing robo-adviser providers.
With respect to the necessities of the robo-adviser’s rebalancing transactions, on 18 November 2021 the FSC additional loosened restrictions the place the funding portfolios agreed between the robo-adviser and its shoppers are securities funding belief funds or offshore funds which are authorised by, or registered with, the FSC, and the rebalancing transactions may be executed on the next situations:
- they adhere to the funds record agreed with the shopper prematurely (as much as 30 funds); and
- the combination absolute worth of the change within the funding proportion of every funding portfolio doesn’t exceed 60 per cent.
Credit score info service
Pursuant to the Banking Act and related rules, an entity accumulating credit-related info from monetary establishments, processing this info and sustaining the related database and offering credit-related info and information to monetary establishments for credit score checking functions should get hold of prior approval from the FSC. At the moment, the Joint Credit score Data Heart (JCIC) is the one FSC authorised entity that provides such providers. In follow, a financial institution would usually evaluate the credit score info or information supplied by the JCIC as a part of the financial institution’s credit score investigation on an applicant for a credit score extension.
If an entity is just not thought of as providing such providers, no FSC approval is required, however it is going to nonetheless be topic to the Private Knowledge Safety Act (PDPA) concerning its assortment and use of any private knowledge.
ii Cross-border points
There isn’t any idea of a ‘passporting proper’ in Taiwan. To have interaction in regulated monetary actions, an organization wants to use for the related licences to the FSC. As talked about above, relying on the kinds of regulated actions, the applicant should meet sure {qualifications} as required underneath related legal guidelines and FSC rules. Additionally, underneath present monetary legal guidelines and rules, no particular person is allowed to offer any monetary providers in Taiwan with out acquiring prior approval or a licence from the FSC.
As for overseas exchange-related restrictions, for every calendar yr, a Taiwanese firm could, upon submitting a report with the Central Financial institution of the Republic of China (Taiwan) (the Central Financial institution), buy overseas foreign money with Taiwan {dollars} and remit the overseas foreign money out of Taiwan for functions aside from commerce or service-related funds, in an quantity as much as US$50 million or its equal with out particular approval from the Central Financial institution. International alternate buy for functions aside from commerce or service-related funds exceeding the relevant ceiling would require particular approval from the Central Financial institution. This approval is discretionary and is determined by the Central Financial institution on a case-by-case foundation. An modification to grant the Central Financial institution the facility to regulate the above-mentioned overseas alternate quota grew to become efficient in June 2021.
Digital id and onboarding
Taiwan’s Ministry of Inside has developed a mechanism referred to as the Citizen Digital Certificates. With such Certificates, sure kinds of governmental purposes could also be submitted and dealt with on-line, with out the necessity to go to the federal government’s bodily workplace in particular person. For instance, sure tax filings could also be completed with such certificates. Nonetheless, such certificates will not be thought of a usually recognised digital id in Taiwan.
The Minister of the Nationwide Growth Council, a policy-planning authority of Taiwan, introduced in 2018 that, to advertise digital transformation in Taiwan and elevate the effectivity of public providers, Taiwan Digital ID Playing cards have been deliberate to be distributed within the second half of 2020. Nonetheless, due to privateness and cybersecurity issues, the precise particulars of the coverage are nonetheless underneath dialogue.
With regard to digitised onboarding of shoppers, a buyer is usually permitted to open a digital checking account on-line in accordance with, and topic to, the scrutiny follow printed by the Bankers Affiliation of the Republic of China (the Bankers Affiliation).
Additionally, in 2018, Taiwan’s monetary regulator, the FSC, promulgated related rules governing the institution of ‘digital-only’ banks, which check with banks with out bodily branches. Following the promulgation of those rules, three purposes to arrange digital-only banks have been filed with the FSC in early 2019, all of which have been authorised by the FSC on 30 July 2019. In accordance with FSC press releases, the banks acquired banking licences from the FSC in December 2020, February 2021 and December 2021. It’s usually anticipated that the institution of digital-only banks will encourage cross-industry mixtures and fintech purposes for on a regular basis life by constructing a fintech ecosystem.
The FSC has been adjusting its place in the direction of supervision of digital-only banks, specializing in subjects akin to real-time monitoring of liquidity danger and different essential digital financial institution issues, in addition to the introduction of suptech (supervisory know-how) and regtech (regulatory know-how) into the supervision and surveillance of digital banks’ enterprise actions. Together with the event of the digital-only banking sector in Taiwan, it’s anticipated that digitised onboarding will prevail in Taiwan and the cooperation between gamers in several industries might be even nearer in such a fintech ecosystem.
Digital markets, fee providers and funding
i Digital marketplaces
Apart from sure rulings and rules governing safety tokens (i.e., the safety token choices (STO) guidelines as outlined and defined under) and anti-money laundering (as additional defined under), no Taiwanese legal guidelines or rules have been particularly promulgated or amended to formally regulate digital property, cryptoassets or their marketplaces.
The issuing, buying and selling and possessing of safety tokens is ruled by the STO guidelines (as outlined under), although the present regulatory regime of Taiwan imposes no restriction or prohibition on proudly owning or possessing cryptoassets with out the character of securities or another monetary merchandise of providers.
ii Collective funding scheme Native funds (securities funding belief funds)
The commonest type of collective funding scheme in Taiwan is securities funding belief funds, which can be supplied to most of the people or privately positioned to specified individuals. Public providing of a securities funding belief fund wants prior approval or efficient registration with the FSC or the establishment designated by the FSC. No prior approval is required for a personal placement of a securities funding belief fund; nevertheless, it might solely be positioned with eligible buyers and inside 5 days of the fee of the subscription value for preliminary funding providing. A report on the non-public placement must be filed with the FSC or the establishment designated by the FSC. Beneath present legal guidelines and rules, public providing and personal placement of securities funding belief funds could solely be carried out by FSC-licensed securities funding belief enterprises (SITEs). At the moment, the paid-in capital of a SITE shouldn’t be decrease than NT$300 million, and sure {qualifications} exist for the shareholders of a SITE. A fintech firm that isn’t a SITE will be unable to boost funds in the identical approach as a SITE.
Offshore funds
Offshore funds with the character of a securities funding belief fund may additionally be publicly supplied (topic to FSC prior approval) or privately positioned (topic to post-filing with the FSC or its designated establishment) to Taiwan buyers, topic to sure {qualifications} and situations. An offshore fintech firm that doesn’t have the character of a securities funding belief fund will be unable to be supplied in Taiwan.
iii Crowdfunding
The next two methods of fundraising are generally called the equity-based crowdfunding platforms in Taiwan. These methods of crowdfunding are exempted from the prior approval or efficient registration usually required underneath the Securities and Trade Act (SEA).
The ‘Go Incubation Board for Begin-up and Acceleration Companies’ of the Taipei Trade
The Taipei Trade (TPEx), one of many two securities exchanges in Taiwan, established the Go Incubation Board for Begin-up and Acceleration Companies (GISA) in 2014 for the aim of helping modern and artistic small private corporations in elevating capital. The rules governing the GISA have been amended in December 2018. An organization with modern or inventive concepts with potential for growth is certified to use for GISA registration with TPEx. After TPEx has authorised the applying, the corporate will begin receiving counselling providers from TPEx concerning accounting, inside management, advertising and authorized affairs. After the counselling interval, there’s one other TPEx evaluate to look at, amongst different issues, the corporate’s administration groups, the function of board of administrators, accounting and inside management methods, and the reasonableness and feasibility of the plan for capital elevating, and, if the TPEx deems it acceptable, the corporate could elevate capital on the GISA. The quantity raised by the corporate via the GISA could not exceed NT$30 million except in any other case authorised. As well as, an investor’s annual most quantity of funding via the GISA mustn’t exceed NT$150,000, apart from angel buyers outlined by TPEx or rich people with property exceeding an quantity set by TPEx and having skilled information concerning monetary merchandise or buying and selling expertise.
Fairness-based crowdfunding on the platforms of securities corporations
A securities agency may additionally set up a crowdfunding platform and conduct fairness crowdfunding enterprise. At the moment, an organization with paid-in capital of lower than NT$50 million could enter right into a contract with a certified securities agency to boost funds via the crowdfunding platform maintained by the securities agency, supplied that the overall quantity of funds raised by the corporate via all securities corporations’ crowdfunding platforms doesn’t exceed NT$30 million in a yr. The quantity of funding made by an investor on a securities agency’s platform could not exceed NT$150,000 in mixture in a yr, apart from angel buyers as outlined within the related TPEx rules, people with property exceeding NT$30 million {and professional} information of monetary merchandise or buying and selling expertise, and insiders of the corporate.
iv Peer-to-peer lending
Whereas, thus far, there aren’t any legal guidelines or rules particularly regulating or governing peer-to-peer lending, the Bankers Affiliation has promulgated a set of Self-Disciplinary Guidelines of Enterprise Cooperation between Member Banks of Bankers Affiliation and Peer-to-Peer Lending Operators (the P2P Self-Disciplinary Guidelines), which has been filed with the FSC.
In accordance with the P2P Self-Disciplinary Guidelines, banks may fit along with the peer-to-peer lending operators on the next companies:
- a financial institution offering a fund custodian service;
- a financial institution offering a money circulate service;
- a financial institution offering credit score evaluate and ranking providers;
- a financial institution extending a facility to the shopper (i.e., the peer-to-bank mannequin);
- promoting and advertising actions; and
- a financial institution offering a credit score doc custody service.
v Loans buying and selling
The final precept underneath Taiwan’s Civil Code is that any receivable is assignable except:
- the character of the receivable doesn’t allow the switch;
- the events to the mortgage have agreed that the receivable shall not be transferred; or
- the receivable, in nature, is just not legally attachable.
Receivables underneath loans, topic to (b), above, are usually transferable; nevertheless, a financial institution is topic to stricter guidelines specifying that, on the whole, loans that proceed to carry out can’t be transferred by a financial institution apart from restricted exceptions (akin to for the aim of securitisation). Because of this, Taiwan doesn’t at the moment have an lively secondary mortgage market.
vi Cost providers
Historically, funds by wire switch can solely be made via a licensed financial institution. Funds through cheques and bank cards are additionally run via banks. Non-banks partaking in credit score card-related enterprise and issuance of digital stored-value playing cards also needs to get hold of approval from the FSC. In 2015, the Act Governing Digital Cost Establishments (the E-Cost Act) was enacted. This E-Cost Act regulates the actions of an digital fee establishment, appearing within the capability of an middleman between payers and recipients to interact. In December 2020, the Legislative Yuan of Taiwan handed an modification to the E-Cost Act, which took impact in July 2021. The modification merges the E-Cost Act and the Act Governing Issuance of Digital Saved Worth Playing cards (E-Card Act) to broaden the present companies of digital fee establishments and digital saved worth playing cards establishments, and construct up an built-in e-payment ecosystem. The primary amendments within the newly amended E-Cost Act embody:
- consolidating the authorized regimes of several types of digital fee strategies;
- increasing the scope of companies of digital fee establishments, akin to small quantity cross-border remittance providers or transmission of receipt or fee info amongst contracted retailers, which was beforehand regulated within the E-Card Act;
- allowing the money flow-related service amongst establishments in order to fulfill the fee requisite of fund transmission and fee channel sharing; and
- making a pleasant regulatory setting for {industry}, enhancing the competitiveness of the {industry} and retaining the supervision flexibility of the regulator.
Cryptocurrencies, preliminary coin choices (ICO) and safety tokens
There have been beforehand no authorized or regulatory guidelines or pointers in relation to blockchain know-how in Taiwan. Nonetheless, with the rise of sure purposes of blockchain know-how akin to digital currencies or cryptocurrencies, Taiwan’s regulators have issued a number of press releases to announce their positions and angle in the direction of these developments, in addition to to coach and warn most of the people in Taiwan. Additional, the FSC promulgated sure rules on cryptocurrencies with the character of securities, which is described intimately under.
On 30 December 2013, each the Central Financial institution and the FSC first expressed the federal government’s place in the direction of Bitcoin by issuing a joint press launch (the 2013 Launch). In accordance with the 2013 Launch, the 2 authorities held that Bitcoin shouldn’t be thought of a foreign money, however a extremely speculative digital digital commodity. In one other FSC press launch in 2014, the FSC ordered that native banks should not settle for Bitcoin or present another providers associated to Bitcoin (akin to alternate Bitcoin for fiat foreign money). These authorities positions have been reiterated by the FSC in an FSC press launch on 19 December 2017 (the 2017 Launch).
Given the above, in mild of the authorities’ angle, Bitcoin is just not thought of to be authorized tender, foreign money or a usually accepted medium of alternate underneath the present regulatory regime in Taiwan; as a substitute, it’s deemed a digital digital commodity. The federal government’s angle, said within the above-mentioned press releases, solely covers Bitcoin, and never another kinds of digital foreign money or cryptocurrency (apart from ICOs, as additional defined under). Nonetheless, we are likely to assume that another digital currencies or cryptocurrencies with the identical nature and traits as Bitcoin also needs to be thought of as digital digital commodities.
i ICOs, token choices and STOs
In response to the rising variety of ICOs and different funding exercise regarding digital currencies or cryptocurrencies, the FSC additionally expressed the next views on ICOs via the 2017 Launch, as talked about above.
- An ICO refers back to the difficulty and sale of digital commodities (akin to digital pursuits, digital property or digital digital currencies) to buyers. The classification of an ICO must be decided on a case-by-case foundation. For instance, if an ICO entails the provide and difficulty of securities, it must be topic to Taiwan’s SEA. The problem of whether or not tokens in an ICO could be deemed securities underneath the SEA would depend upon the information of every particular person case.
- If any misrepresentations with respect to applied sciences or their outcomes or guarantees of unreasonably excessive returns are utilized by the issuer of digital currencies or an ICO to draw buyers, the issuer could be deemed as committing fraud or unlawful fundraising.
Given the above, in an ICO (or different kinds of token providing, akin to non-public token presale earlier than the ICO stage), the core difficulty on this regard is whether or not an ICO could be thought of as issuing securities underneath Taiwan’s securities rules. Beneath present Taiwanese regulation, the provide and sale of securities in Taiwan, whether or not via public providing or non-public placement, are regulated actions and shall be ruled in accordance with the SEA, its associated rules and related rulings issued by the FSC.
On 3 July 2019, the FSC, by issuing a ruling, formally designated cryptocurrencies with the character of securities (i.e., safety tokens) underneath the SEA (the 2019 Ruling). In accordance with the 2019 Ruling, safety tokens refer to those who:
- utilise cryptography, distributed ledger know-how or different related applied sciences to signify their worth that may be saved, exchanged or transferred via digital mechanisms;
- are transferable; and
- embody the next attributes of an funding:
- funding supplied by buyers;
- funding supplied for a standard enterprise or venture;
- buyers anticipating to obtain earnings; and
- earnings generated totally on the efforts of the issuer or third events.
Along with the 2019 Ruling, the FSC issued a press launch on 27 June 2019 for instance the important thing factors of its coverage on STOs. Since then, the FSC and the TPEx have set out the rules governing STOs (the STO guidelines), which have been finalised in January 2020. Particularly, the FSC differentiates the regulation of STOs with the edge of NT$30 million. For an STO of NT$30 million or much less, the STO could also be carried out in compliance with the STO guidelines; an STO above NT$30 million should first apply to be examined within the ‘monetary regulatory sandbox’ pursuant to the Sandbox Act and, if the experiment has a constructive end result, must be carried out pursuant to the SEA. See the abstract under of sure different main provisions of the STO guidelines (i.e., for STOs of NT$30 million or much less).
Rules on issuance (main market){Qualifications} of the issuer
The issuer should be an organization restricted by shares included underneath the legal guidelines of Taiwan and never an organization listed on the Taiwan Inventory Trade or TPEx or traded on the Rising Inventory Market. This means {that a} overseas entity could not act as an issuer of an STO programme.
Varieties of safety tokens that may be issued
The issuer can solely difficulty profit-sharing or debt tokens with out shareholders’ rights, that means that shares – that are a kind of safety underneath the SEA, with common shareholders’ rights of issuers – can’t be issued within the type of safety tokens whereas bonds may be issued as debt tokens.
Eligible buyers and quantity limits
At the moment, solely ‘skilled buyers’ are eligible for STOs; the place the skilled investor is a pure particular person, the utmost subscription quantity is NT$300,000 per STO. Nonetheless, the FSC issued a press launch in January 2022 (the 2022 press launch) advising that it plans to broaden the scope of eligible buyers to overseas individuals underneath the STO guidelines.
Issuance course of
Issuers should conduct STOs on a single platform, and the platform operator has the duty to make sure that the issuer meets the related {qualifications} and that the prospectus is nicely ready. The place the platform operator itself is an STO issuer, the issuer mustn’t launch an STO with no prior evaluate by TPEx.
Rules on buying and selling (secondary market)Buying and selling mechanism of safety tokens
The platform operator ought to get hold of a securities vendor licence and deal with the buying and selling by means of value negotiation. The platform operator must be the counterparty to each transaction and will provide an inexpensive reference citation based mostly in the marketplace situations. As well as, every safety token underneath an STO programme could also be traded solely on a single platform.
Most transaction quantity
The place the skilled investor is a pure particular person, the utmost quantity of holding underneath an STO programme is NT$300,000. As well as, the utmost every day transaction restrict for every STO is 50 per cent of the overall issuance quantity underneath the STO programme.
STO platform operatorQualifications of the platform operator
The platform operator ought to get hold of a securities vendor licence, have minimal paid-in capital of NT$100 million and supply an operation bond within the quantity of NT$10 million.
Complete providing quantity capability
The 2022 press launch additional set forth the plan for amending the STO guidelines. The TPEx amended the STO guidelines on 21 January 2022, adjusting the overall providing quantity of all STOs on a single platform to a most of NT$200 million. A platform could course of a second STO six months after the safety tokens of the primary STO have been traded on the platform.
Switch and report holding
The platform operator ought to enter into an settlement with the Taiwan Depository and Clearing Company (TDCC) and transmit buying and selling info, akin to steadiness adjustments and steadiness statements, to the TDCC each day, for record-keeping functions. The TDCC ought to present STO steadiness enquiry providers to buyers.
Subscription and buying and selling
Subscription and buying and selling of safety tokens must be carried out on a real-name foundation and the transactions should be carried out in New Taiwan {dollars} (NT$) underneath the identical identify as that that includes on the checking account.
ii Anti-money laundering
The newest modification to the Cash Laundering Management Act (MLCA) has introduced the ‘digital foreign money platforms and buying and selling enterprise’ into Taiwan’s anti-money laundering (AML) regulatory regime, underneath which enterprises falling throughout the designated scope might be topic to the related guidelines relevant to monetary establishments underneath the MLCA.
Pursuant to the MLCA, the Taiwan Cupboard issued an government order on 7 April 2021 underneath which ‘the cryptoasset buying and selling platforms and associated transaction companies’ check with these utilizing ‘cryptography and distributed ledger know-how or different related applied sciences that may be digitally saved, exchanged, or transferred, and can be utilized for fee or funding functions’ to conduct any of the next providers:
- alternate between cryptoassets and Taiwan {dollars}, foreign currency or currencies issued by mainland China, Hong Kong or Macao;
- alternate between cryptoassets;
- switch of cryptoassets;
- custody or administration of cryptoassets or provision of devices enabling management over cryptoassets; and
- participation in, and provision of, monetary providers associated to the issuance or sale of cryptoassets.
Subsequently, the FSC printed the Rules Governing Anti-Cash Laundering and Countering the Financing of Terrorism for Enterprises of Cryptoasset Platforms and Buying and selling Enterprise (the AML Rules) on 22 June 2021. In accordance with the AML Rules, operators offering the above-mentioned providers are required to determine, amongst different issues, an inside management and audit mechanism, a process for reporting suspicious transactions and a know-your-customer process.
Different new enterprise fashions
The authorized implications of any new enterprise mannequin must be examined on a case-by-case foundation. Except in any other case supplied by regulation, the authorized impact of an motion shouldn’t be completely different just because a brand new know-how is utilized. For instance, whereas no particular guidelines exist which are relevant to the usage of a brand new know-how, akin to synthetic intelligence or automated know-how, when providing monetary providers (apart from the ‘automated digital advisory’, as mentioned above), a monetary establishment (akin to a financial institution) should be topic to related outsourcing rules if the usage of a know-how could possibly be thought of as banks outsourcing their operations.
For instance, contemplate self-executing contracts (i.e., sensible contracts based mostly on blockchain know-how). As a common rule, in Taiwan contracts may be fashioned by a gathering of the minds, and they are often expressed and confirmed by means of digital information, together with sensible contracts, except in any other case supplied by regulation. An instance of an occasion during which a wise contract will not be enforceable is the switch of actual property, as this requires registration with the regulator and thus will not be utterly carried out solely with a wise contract.
Mental property and knowledge safety
The problem right here could be whether or not fintech enterprise fashions and associated software program may be protected by mental property rights akin to copyright or patent rights.
i Copyright
Beneath Taiwan’s Copyright Act, there aren’t any registration or submitting necessities for copyright to be protected by regulation. Nonetheless, there are particular options that qualify for copyright, akin to originality and expression. Due to this fact, whereas there’s a kind of copyright referred to as ‘pc program copyright’ underneath Taiwan’s Copyright Act, whether or not a piece is copyrightable would nonetheless depend upon whether or not the topic work has the required elements (such because the options described above), particularly the characteristic ‘expression’ (as a substitute of merely an ‘summary concept’). As to new copyright developed by an worker of an organization in the course of the course of employment, the place a piece is accomplished by an worker throughout the scope of employment, the worker is the creator of the work whereas the financial rights to the work might be held by the employer except in any other case agreed by the events. As to new copyright developed by a contractor, the contractor who truly makes the work is the creator of the work except in any other case agreed by the events; the possession of the financial rights arising from the work must be agreed by the events, or these rights must be held by the contractor within the absence of such an settlement. Nonetheless, the commissioning social gathering could use the work.
ii Patent
As to patent, an inventor could file an software with Taiwan’s Mental Property Workplace, and the patent proper might be obtained as soon as the applying is authorised. In accordance with the Patent Act of Taiwan, the topic of a patent proper is ‘invention’ and an invention means the creation of technical concepts, utilising the legal guidelines of nature. As a common rule, enterprise strategies are thought to be utilizing social or enterprise guidelines moderately than legal guidelines of nature, and subsequently will not be the topic of a patent proper. As for a fintech-related software program invention, if it coordinates the software program and {hardware} to course of the knowledge, and there’s a technical impact in its operation, it would turn out to be patentable. For example, a ‘technique of conducting overseas alternate transaction’ could be deemed as a enterprise technique and thus not patentable; nevertheless, a ‘technique of utilizing monetary info methods to course of overseas alternate transactions’ could also be patentable. As to a brand new patent developed by an worker of an organization in the course of the course of employment, the correct of an invention made by an worker in the course of the course of performing his or her duties underneath employment might be vested in his or her employer and the employer ought to pay the worker cheap remuneration except in any other case agreed by the events. As to a brand new invention developed by a contractor, the settlement between the events ought to prevail, or the rights must be vested within the inventor or developer within the absence of such an settlement. Nonetheless, if there’s a fund supplier, the funder could use the invention.
iii Knowledge safety
In Taiwan, private info is protected by Taiwan’s PDPA; the gathering, processing and use of any private knowledge are usually topic to note and consent necessities underneath the PDPA. Pursuant to the PDPA, private knowledge is outlined broadly as: the identify, date of start, ID card quantity, passport quantity, traits, fingerprints, marital standing, household, training, occupation, medical report, medical therapy, genetic info, sexual life, well being examination, felony report, contact info, monetary situations, social actions and different info which will instantly or not directly establish a person.
Beneath the PDPA, except in any other case specified underneath regulation, an organization is usually required to offer discover to (discover requirement) and acquire consent from (consent requirement) a person earlier than accumulating, processing or utilizing any of the person’s private info, topic to sure exemptions. To fulfill the discover requirement, sure issues should be communicated to the person, akin to the needs for which his or her knowledge is collected, the kind of the non-public knowledge and the time period, space and individuals authorised to make use of the information.
Given the above, if a fintech firm needs to gather, course of or use any private knowledge, it will likely be topic to the obligations underneath the PDPA, as mentioned above.
Yr in evaluate
Non-fungible tokens and stablecoin
New purposes of cryptocurrency and blockchain know-how, akin to non-fungible tokens (NFTs), have been extensively mentioned in Taiwan lately. At the moment, there aren’t any rules particularly addressing the rise and growth of NFTs in Taiwan. From a neighborhood regulation perspective, the classification of any NFT and associated actions or transactions must be decided on a case-by-case foundation, and one can solely resort to present legal guidelines and rules to analyse this. In November 2021, it was reported by native information that the chairperson of the FSC suggested a congressman that NFTs are at the moment thought of as ‘artwork creation’, so the sale of those shouldn’t be deemed because the providing of digital foreign money. However the above, we can’t utterly rule out the applicability of monetary regulation and securities rules if there are a number of NFTs which are linked to, or signify, the identical asset and the NFTs have an funding attribute.
Individually, the Central Financial institution cautioned that stablecoins are primarily used for speculative funding transactions involving different cryptoassets and should not as steady as they’re meant to be. Moreover, sooner or later, stablecoins could also be considered extra as a fee instrument, in addition to a basic a part of the enterprise of a financial institution partaking in deposit-taking, and subsequently shall be topic to the relevant legal guidelines and rules such because the E-payment Act and the Banking Act. In accordance with related information reviews, the Taiwan regulator is demonstrating its steady and dedicated angle in the direction of monitoring the event of the regulation of stablecoins within the worldwide group. Competent Taiwanese authorities are susceptible to observe worldwide requirements when figuring out the extent of regulation to be imposed on cryptocurrencies, and it’s subsequently price paying shut consideration to the event of regulation on stablecoins within the worldwide group.
Outlook and conclusions
Not too long ago, in mild of the event of blockchain applied sciences, metaverse traits have additionally spurred in the marketplace in Taiwan. Metaverse, a time period that mixes the prefix ‘meta’, that means past, and ‘universe’, usually refers to extremely interactive digital worlds or digital areas that may be accessed with applied sciences akin to augmented actuality, digital actuality and cellular units. NFTs are perceived as an important aspect of this. Nonetheless, whereas the dialogue and software of the metaverse and NFTs proceed to develop out there, there are at the moment no particular legal guidelines or rules promulgated by the Taiwanese authorities to manage or present a authorized foundation for the event of the metaverse.
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