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Constructing Taiwan's Future February 2018 | Vol. 48 | Issue 2 THE AMERICAN CHAMBER OF COMMERCE IN TAIPEI IN OF COMMERCE THE AMERICAN CHAMBER Constructing Taiwan’s Future 建構台灣的未來 TAIWAN BUSINESS TOPICS TAIWAN February 2018 | Vol. 48 | Issue 2 Vol. 2018 | February INDUSTRY FOCUS 中 華 郵 政 北 台 字 第 ENVIRONMENT BACKGROUNDER 5000 THE SILICON VALLEY CONNECTION 號 執 照 登 記 為 雜 誌 交 寄 ISSUE SPONSOR Published by the American Chamber Of NT$150 Commerce In Taipei Read TOPICS Online at topics.amcham.com.tw 2_2018_Cover.indd 1 2018/2/8 上午1:21 CNY greeting.indd 36 2018/2/8 上午1:37 歐付寶APP 新北好停車APP CONTENTS NEWS AND VIEWS 6 Editorial A Major Accomplishment 一項重大成就 FEBRUARY 2018 VOLUME 48, NUMBER 2 一○七年二月號 7 Message from AmCham Taipei’s New President Publisher 發行人 9 Taiwan Briefs 傅維廉 William Foreman By Timothy Ferry Editor-in-Chief 總編輯 Don Shapiro 沙蕩 13 Issues 副主編 Associate Editor Assessing White Paper Progress Tim Ferry 法緹姆 台灣白皮書進展 Art Director/ 美術主任/ 後製統籌 Production Coordinator By Don Shapiro Katia Chen 陳國梅 Manager, Publications Sales & Marketing 廣告行銷經理 Caroline Lee 李佳紋 COVER SECTION Translation 翻譯 Kevin Chen, Yichun Chen, Charlize Hung, Infrastructure Andrew Wang 陳又銘, 陳宜君, 洪兆怡, 王先棠 16 Constructing Taiwan’s Future American Chamber of Commerce in Taipei 建構台灣的未來 129 MinSheng East Road, Section 3, The Tsai Ing-wen administration 7F, Suite 706, Taipei 10596, Taiwan P.O. Box 17-277, Taipei, 10419 Taiwan sees substantial infrastructure Tel: 2718-8226 Fax: 2718-8182 e-mail: [email protected] investment as the key website: http://www.amcham.com.tw to economic revival. The 名稱：台北市美國商會工商雜誌 發行所：台北市美國商會 Forward-looking Infrastructure 臺北市10596民生東路三段129號七樓706室 Development Program now being 電話：2718-8226 傳真：2718-8182 implemented focuses on eight Taiwan Business Topics is a publication of the American Chamber of Commerce in Taipei, ROC. Contents are different categories. The segment independent of and do not necessarily reflect the views of the Officers, Board of Governors, Supervisors or members. devoted to rail transportation has © Copyright 2018 by the American Chamber of Commerce in Taipei, ROC. All rights reserved. Permission to reprint original drawn the most attention. material must be requested in writing from AmCham. Production 23 Seeking Investment in done in-house, Printing by Farn Mei Printing Co., Ltd. By Matthew Fulco Public Projects by Insurance 登記字號：台誌第一零九六九號 印刷所：帆美印刷股份有限公司 19 Rail Projects Prominent in Funds 經銷商：台灣英文雜誌社 台北市108台北市萬華區長沙街二段66號 發行日期：中華民國一○七年二月 By Philip Liu Infrastructure Plan 中華郵政北台字第5000號執照登記為雜誌交寄 ISSN 1818-1961 軌道建設受矚目 24 Strengthening Taiwan's Soft The government plans to spend Power Infrastructure Chairman/ Albert Chang Vice Chairmen/ Leo Seewald, Vincent Shih billions to expand railways Revitalizing the creative indus- Secretary: Fupei Wang nationwide. Critics ask whether it tries could raise Taiwan's global Treasurer: C.W. Chin is an optimal use of resources. profile and boost the economy. 2017-2018 Governors: Albert Chang, William Farrell, Revital Golan, Tim Ju, By Matthew Fulco By Matthew Fulco Seraphim Ma, Leo Seewald, Vincent Shih. 2018-2019 Governors: Anita Chen, C.W. Chin, Edward Shober, Joanne Tsai, Daniel Tseng, Fupei Wang. TAIWAN BUSINESS 2018 Supervisors: Petra Jumpers, Joyce Lee, Timothy 31 New Strides in Promoting Shields. COMMITTEES: Women’s Health Agro-Chemical/ Melody Wang; Asset Management/ Christine Jih, Derek Yung; Banking/ Paulus Mok; Capital Taiwan has played a role in two Markets/ Mandy Huang, C.P. Liu; Chemical Manufacturers/ Charles Liang, Michael Wong; Cosmetics/ Shirley Chen, recent developments related to Julien Jacquet, Abigail Lin; CSR/ Lume Liao, Fupei advancing the cause of wom- Wang; Energy/ Tina Chen, C.W. Chin; Human Resources/ Vickie Chen, Richard Lin, Monica Han, Seraphim Ma; en’s health and well-being.. Infrastructure/ Wayne Chin, Paul Lee; Insurance/ Dan Ting, Linda Tsou, Dylan Tyson; Intellectual Property & By Stephanie Huffman Licensing/ Jason Chen, Peter Dernbach, Vincent Shih; BACKGROUNDER Marketing & Distribution/ Wei Hsiang, Gordon Stewart; Medical Devices/ Terry Lin, Raghavendra Shenoy, Joanne 27 The Taiwan-Silicon Valley Yao; Pharmaceutical/ Petra Jumpers, Lai Li Pang, Jenny Zheng; Public Health/ Joyce Lee, Dennis Lin, Dan Silver; Connection Real Estate/ Tony Chao; Retail/ Ceasar Chen, Mark Chen, Prudence Jang; Sustainable Development/ Kenny Jeng, The nexus between the two Cosmas Lu, Kernel Wang; Tax/ Stella Lai, Cheli Liaw, locations is playing an important Josephine Peng; Technology/ Cynthia Chyn, Revital Golan, Hans Huang; Telecommunications & Media/ Thomas Ee, part in Taiwan’s efforts to culti- Joanne Tsai; Transportation & Logistics/ Wayne Pi; Travel & Tourism/ Pauline Leung, Achim v. Hake. vate startups. By Keith Menconi 4 taiwan business topics • february 2018 2 Contents.indd 4 2018/2/8 下午2:14 february 2018 • Volume 48 number 2 InDuSTry F CuS A Report on the Environmental Sector Coming Clean By Timothy Ferry 38 Bringing Back Blue Skies The Taiwan government is imple- menting a number of plans aimed at further improving air quality. 41 Attacking Soil and Groundwater Contamination Taiwan has set admirable goals for cleaning up soil and ground- water pollution. But are overly rigorous standards actually inhib- iting site remediation? 44 A Conversation with EPA Minister Lee Ying-yuan 46 Is Taiwan on Track to Reduce its Carbon Footprint? Taiwan’s government has ambi- tious goals for dramatically reducing its greenhouse gas (GHG) emissions in line with global standards. taiwan business topics • deceber 201 5 2 Contents.indd 5 2018/2/8 下午12:32 e d i t o r i a l A Major Accomplishment uring her visit to Taipei at the end of January, U.S. In the ensuing years, the issue was not only a perennial Deputy Assistant Secretary of Commerce Diane White Paper item, but was regularly on the agenda of formal D Farrell lauded the decision by the Taiwan govern- trade talks between the U.S. and Taiwan governments. ment to establish a Patent Linkage system to help ensure Although it took 11-plus years to resolve, the Patent Linkage that generic drugs cannot reach the market while the orig- case confirms the value of perseverence. Over the past few inal product is still covered by a valid Taiwan patent. Farrell years the Ministry of Health and Welfare and other relevant described this move to protect intellectual property rights on government agencies (notably the National Development pharmaceutical products as an “enormous milestone” worthy Council and the Taiwan Intellectual Property Office) worked of celebration. together to draft legislation to create a Patient Linkage mech- AmCham Taipei shares that view. It has been nearly 12 anism similar to that used in the United States, and at the years since the concept of Patent Linkage was first mentioned end of last year the Legislative Yuan passed the necessary in the Chamber’s annual Taiwan White Paper. In that 2006 amendments to the Pharmaceutical Affairs Act. edition, the Pharmaceutical Committee called on the Depart- For Taiwan, the ramifications of taking this step extend ment of Health (the precursor to today’s Ministry of Health far beyond the pharmaceutical sector. The recognition of and Welfare) to “recognize its vital role in patent protection in Patent Linkage represents further demonstration of Taiwan’s the drug-approval process.” commitment to the protection of intellectual property in That appeal was deemed necessary because the proce- general. It will be applauded by Taiwan’s trading partners dure for licensing new drugs was totally separated from the and give greater confidence to prospective multinational system for patent approval. Over the years, scores of generic investors, increasing the opportunities to attract foreign drugs received licenses and reimbursement prices while patents investment into the biomedical field that is one of the pillars on the original version were still in effect, leaving the origi- of the government’s “5+2 Innovative Industries” develop- nator with no recourse but to file a lawsuit. Besides the cost ment plan. involved, those cases often took many months to resolve, Now that the enabling legislation is in place, AmCham during which time the market value of the original product Taipei and other stakeholders hope that the new Patent was seriously eroded. At the same time, the makers of generic Linkage system can be built up and put into operation drugs faced the risk that they would ultimately be found to be without undue delay – ideally within the coming six to 12 patent-infringing. months. 一項重大成就 灣政府最近將藥品專利連結制度完成立法，以避 須面對自家藥品最終被認定侵犯他廠藥品專利權的風險。 免在原開發藥廠藥品專利權有效期間，有學名藥 2006年之後，「藥品專利連結」不僅是《台灣白皮書》 台 獲准上市。一月底訪問台北的美國商務部副助理 的陳年議題，美國、台灣政府進行正式貿易談判時，也經 部長黛安‧法雷爾（Diane Farrell），對此發展也表示讚 常討論這個議題。雖然花了超過11年才終獲解決，專利連 許。她形容台灣政府完成這項強化藥品智財保護的立法， 結議題也讓我們確信：堅持不懈，才能造就改變。過去 是一個值得慶賀的「重大里程碑」。 幾年，台灣的衛生福利部與其他相關政府機關（主要包括 台北市美國商會與法雷爾抱持相同看法。「藥品專利連 國家發展委員會、經濟部智慧財產局）合作，研擬修法草 結」概念，最早在商會年度政策建言《台灣白皮書》中出 案，建構了與美國制度類似的藥品專利連結機制，接著在 現，已是近12年前。在2006年出版的白皮書中，商會製藥 去年底，立法院通過了《藥事法》修正案。 委員會呼籲當時的衛生署（現今衛生福利部前身），應該 對台灣整體來說，這項立法進展的衍生效應，其實遠遠 「體認專利連結制度在藥品上市審核過程中，對於專利權 超出製藥單一產業的範疇。台灣政府認同專利連結制度， 保護所扮演的關鍵角色」。 象徵台灣將更致力於保護各種智慧財產。台灣的許多貿易 商會製藥委員會之所以提出這項法規革新訴求，是因為 夥伴國，將對此發展表示歡迎，而跨國企業投資者，也會 台灣新藥上市許可審查流程，與專利權申請審查制度，是 對台灣法規環境更具信心。這可以幫助台灣吸引更多外國 完全分離的。過去這些年來，已有數十種學名藥，在原開 投資，投入台灣政府所推動「五加二」產業創新計畫中的 發藥廠藥品專利權仍屬有效期間，取得了上市許可，納入 生技醫藥產業。 健保給付，使得原開發藥廠不得不選擇提起訴訟。訴訟過 如今專利連結制度已經立法，台北市美國商會及其他利 程所費不貲，這些訴訟也常要費時多月才能解決。這使得 益關係人無不殷切盼望這個制度能夠早日完備健全，在未 原廠藥的市場價值受到嚴重衝擊。與此同時，學名藥廠必 來6至12個月之間，即開始落實施行。 6 taiwan business topics • february 2018 2_Editorial.indd 6 2018/2/8 上午12:54 GreetinGs from AmChAm tAipei’s new president Rediscovering Taiwan 重新發現台灣 BY WILLIAM FOREMAN aiwan was the first place I Mac wasn’t necessarily the best mea- global life, I thought. visited when I got my first pass- sure of how traveler-friendly a city is. That morning was one of the most T port. Just out of college, I had Most of the information I needed was pivotal moments of my life. I eventually two goals: explore the world and learn in Chinese. Signs, bus maps, menus – pulled myself together, embraced the Mandarin, which I thought would lead seemingly everything. Never before had challenge and ventured outside. Over to an exciting career. Picking Taiwan I felt so helpless and vulnerable.
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