TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
• Access: Whether the alleged infringer had a reasonable opportunity to access the original game. • Substantial similarity: Whether the similari - ties between the two games are significant in scope or involve key elements of the original game. If these criteria are satisfied and the use does not fall under fair use, the court may find that the defendant infringed upon the copyright of the original game. Trade Mark Protection for Gaming Businesses To prevent consumer confusion, gaming busi - nesses may register trade marks for their game brands, titles, characters, backgrounds, items and designs pursuant to the Trade Mark Act. In addition, the Taiwan Intellectual Property Office has recommended that gaming businesses apply for trade mark registration for virtual goods and services. In cases of potential trade mark infringement, the proprietor of a registered trade mark may take legal action to prevent such violations. For imported or exported goods suspected of infringing trade mark rights, the proprietor may file an application with customs to detain the goods. If infringement is confirmed, the trade mark owner has the right to demand the cessa - tion of the infringement and seek compensation for damages incurred. Intellectual Property Issues Surrounding UGC User-generated content (UGC) may qualify for protection under the Copyright Act depending on its nature. However, UGC may also result in copyright or trade mark infringement if it involves unauthorised use of third-party intellectual prop - erty. Currently, Taiwan does not have specific
legislation or judicial precedents addressing dis - putes arising from UGC in the gaming industry.
10. Social Media 10.1 Laws and Regulations for Social Media There is currently no specific law regulating social media in Taiwan; however, several regula - tions apply to social media operations in various contexts. Below is an overview of the key laws and challenges: Anti-Fraud Measures The Fraud Crime Hazard Prevention Act (FCH - PA) requires specific online advertising platform operators to adopt necessary measures to pre - vent fraud. Key provisions include: • Advertisements must not contain fraudulent content and must disclose the identity of advertising commissioners and funders. • If deepfake technology or AI-generated personal images are used, this must also be disclosed. • The identity of advertising commissioners and funders must be verified using digital signa - tures, rapid identity verification mechanisms, or other equivalent secure technologies or methods. • An annual transparency report on fraud pre - vention must be published in an appropriate manner. • When an online advertising platform opera - tor becomes aware that the advertisements it publishes or promotes are fraudulent or are clearly related to fraudulent activities, it must: (a) actively remove, restrict the browsing of or stop broadcasting such advertisements or adopt other necessary actions; and/or
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