| Summary: | 碩士 === 國立成功大學 === 科技法律研究所 === 97 === Traditionally, Taiwan’s economic growth depends upon labor-intensive manufacturing industries, but nowadays it greatly relies on high-tech industries. To meet the global competition, high-tech technology has to undertaken innovation in each aspect: management, product, manufacture process, marketing and services, etc.
Joint R&D is a popular solution to provide continuous innovation. A joint R&D by definition is a joint action. In Taiwan, such joint action is subject to the approval of Fair Trade Commission before executing. However, the procedural requirements for application of approval of exceptions are simply burdensome and time-consuming (an average of three months, and subject to a three-month extension, if deemed necessary). Let alone the time required for preparing for the cumbersome application documents, the waiting period for processing the review by the Fair Trade Commission usually lasts for more than two months and may be as long as six months. Corporations (Corporate participants) who undertake joint action must wait until the approval of the Fair Trade Commission before proceeding to joint R&D. Obviously, this system of advance review for approval is not in line with the rapid change in the high-tech industries. It goes without saying that this system will affect the advancement of the high-tech industries.
Thus, the Thesis recommends that joint R&D should not be regarded as the joint actions as prescribed under the anti-competition laws. A block exemption system should be adopted to better serve the industrial needs, which in turn will benefit the national economy and the society as a whole. Thus, this Thesis calls for the reform of Article 14 and proposes of amendments Article 14-1 of the Taiwan Fair Trade Law.
In addition, the joint R&D Block Exemption originally provided by the EC in 1971 may serve as a guideline. After execution for a period of 30 years and being revised in 2000, the rules are defined more clearly and complete. Accordingly, this Thesis incorporates the EC block exemption as a basis, and excludes some special rules which are only applied to the EC to propose a Taiwan joint R&D Block Exemption Regulation.
|
|---|
