Amendment of the Development of Cultural and Creative Industries Act

On 12 May 2020, Taiwan’s Ministry of Culture (MOC) announced the draft amendments to the “Development of Cultural and Creative Industries Act”, which if enacted will be the most significant amendment in the ten (10) years since the Act was first enacted.  MOC stated that the draft amendment places emphasis on the visions of a global Digital Age, and hopes to enhance and refine cultural industries and the environment for development in four main streams, namely the environment, industries, funds, and transaction channels.  After the 60-day notice period, MOC will supplement the draft based on opinions received from every walk of life and transfer such supplemented amendment draft to the Executive Yuan for deliberation.
MOC further stated that the draft amendment will tremendously adjust the existing laws, and it will reframe the Act to consist of five (5) chapters and thirty-one (31) articles, including General Principle, Infrastructure and Environment, Originality and Development, Fund Raising, and Appended Provisions.  In addition, MOC hopes to promulgate three (3) new articles in the draft in order to broaden governmental assistance, rewards, and subsidies, and to improve the rules for investment deductions and tax incentives for cultural and creative industries.
In views of changing the industrial environment, due to interdisciplinary innovations and developments, it is difficult to define or classify a specific industry involved.  To maintain flexibility in the scope, the draft amended the “15+1 industries” to “5+1 fields” and authorized the competent authority to determine the cultural and creative industries in every field, as prescribed at Article 3 of the draft amendments. 
Given that diversity and human resources for research and development are crucial to the cultural and creative industries, MOC stipulated in the draft the applied scope and a calculation formula for investment deductions and tax incentives in to encourage businesses and individuals to invest in cultural and creative industries, as prescribed at Article 28 of the draft.
Finally, MOC pointed out that the draft will strengthen the system of cultural financing, provide strong motivation for quality and quantity of production, complete the mechanism for interdisciplinary cooperation among the various cultural and creative industries, and broaden foreign channels and international communication and exchanges of culture.  The draft will cultivate and enhance Taiwan’s soft power in the areas of culture and economics, and if enacted, will result in superior legislation and a solid legal framework for related strategies and plans to follow.
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