Expedite Trade in Services Agreement, Postpone Cultural and Creative Industries Negotiations

Expedite Trade in Services Agreement, Postpone Cultural and Creative Industries Negotiations
China Times editorial (Taipei, Taiwan, Republic of China)
A Translation
March 18, 2014

Summary: The trade in services agreement has not been fair to Taiwan's cultural and creative industries. Taiwan entrepreneurs have preserved a unique cultural aesthetic within the Chinese cultural tradition. They should be given the opportunity to break into the Mainland market. There, they should find a friend. This is the responsibility of both governments.

Full text below:

Beginning on the 11th, this newspaper published a series of six consecutive articles entitled, "China Times Recommendations on the Trade in Services Agreement." These articles addressed six areas, including finance, commerce, transportation, health, tourism, and the cultural and creative industries. They discussed the pros and cons of the trade in services agreement. Clearly the Mainland was opening up in the trade in services industry to Taiwan before it opened it up to the rest of the world. It was permitting Taiwan to get a jump on its competitors. It was a gesture of goodwill. The Mainland also made more concessions to Taiwan than Taiwan made to the Mainland.

Consider the six service industries evaluated in these articles. Almost all participants look forward to early passage of the trade in services agreement. This would enable them to immediately gain a foothold on the Mainland, and to grab the biggest piece of the pie. Some industries being allowed to operate, such as the finance industry, will increase the amount of RMB-denominated financial instruments. This will be highly beneficial to the investing public. Only the cultural and creative industries are ambivalent about the trade in services agreement. They are simultaneously filled with hope and disappointment. The trade in services agreement is one small step. But we lost an opportunity to take one giant leap. They worry that upon entry into the Chinese language market, Taiwan's cultural and creative industries will be an industry in name only, one without any market. But blocking the trade in services agreement will not help. They won't have the game. They won't even have the name. Hence their internal dilemma. This has led part of the cultural sector to reject the trade in services agreement in toto.

The cross-strait trade in services agreement cultural and creative industries law covers 15 industries. Only two are on the liberalization list. The Mainland has obtained the right to invest in the existing printing industry on Taiwan. But it may not own over half the shares. Taiwan on the other hand, has secured the right to supply the videogame industry. A two month long time limit has been put on approval for Super WTO treatment. Taiwan's content industry faces barrers to access in the Mainland market. This situation has not improved. The wall remains impregnable.

The trade in services agreement was signed last year. Culturally oriented publications on Taiwan expressed disappointment and regret. The ostensible reason was the one-sided market opening. Taiwan was required to unilaterally allow Mainland investment in Taiwan's existing printing industry. It was not allowed to become a majority shareholder. But the Mainland refused to make any concessions. The DPP, which opposes the trade in services agreement, reveled in Schadenfreude. It turned the matter into a political storm. In fact, Taiwan has never restricted Japanese, European, and American investment in the printing industry. So how can Mainland capital become a threat? The real reason people in the cultural and creative industries are complaining, is that government negotiators failed to deal with a single link in the publishing industry chain. The publishing industry on the Mainland is highly regulated. Opening up our side did not create any upstream or downstream market opportunities for our side.

Ever since the two sides began cross-strait exchanges, we have been regaled with talk of concessions. But the cultural and creative industries, including film and television, publishing, digital content, and the videogame industry cannot wait for concessions. The two sides have different economic systems. This has resulted in unfair trade barriers. Taiwan complains of restrictions. But market opening has created difficulties for management. As a result, the restrictions are mere formalities. Take the videogame industry for example. Taiwan has banned the videogame industry on Taiwan. But Mainland companies are going ahead. The already account for almost half of the market on Taiwan. But the Mainland is being ultra cautious. As long as Taiwan share holders are involved, progress is nearly impossible. The Taiwan videogame industry controls under 1% of the Mainland market. The system has led to unfair competition. It has forced the industry to rethink whether Taiwan and the Mainland are really friends, or whether it should formulate a business strategy that excludes the Mainland.

Mainland authorities should address this matter. In the cultural and creative industries Taiwan entrepreneurs have run into a brick wall. Young people love videogames. Taiwan-based companies are forced to give up markets in the Chinese hinterland. Why? Even Hollywood embraces the Chinese Dream. They welcome Mainland investments. They cast many Chinese stars in their films. Must people on Taiwan formulate a cultural and creative industry strategy that excludes the Mainland market?

During the KMT era the government banned puppet theater broadcasts. Today, the Mainland authorities impose content restrictions. Anyone who lived through those times understands this mentality. Back then puppet theater was banned. Today it has become the vanguard of Taiwan's cultural and creative industry. Some want puppet theater to be broadcast on national satellite television channels on the Mainland. But this is still a fantasy. Mainland authorities should change their thinking. Teresa Teng's banned songs are among the sweetest memories shared by both sides. The two sides should create new memories together.

We issue this earnest appeal. The trade in services agreement is currently being reviewed in the legislature. The Taipei Computer Association will run an industry-sponsored advertisement entitled, "Taiwan Can Be Better." It will support the trade in services agreement. There is no reason why young people on the two sides must drift farther and farther apart. Young people from Taiwan should not ecounter only frustration on the Mainland.

The trade in services agreement has not been fair to Taiwan's cultural and creative industries. But what it has given, should take effect as soon as possible. The issue of access for Taiwan's cultural entrepreneurs can be discussed under the WTO cross-strait trade in services market and trade agreements, or under a cross-strait cultural agreement.

Taiwan entrepreneurs have preserved a unique cultural aesthetic within the Chinese cultural tradition. They should be given the opportunity to break into the Mainland market. There, they should find a friend. This is the responsibility of both governments.

社論－服貿應早日生效 文創須另啟協商
稍後再讀
中國時報 本報訊 2014年03月18日 04:10

本報自11日起連續發表6篇「中時對服貿協議的主張」，就金融、電子商務、交通運輸、醫療、觀光旅遊、文化創意等6領域，分別探討了服貿協議的利弊得失。很顯然的，這是大陸在對世界開放服務業市場前，先對台灣開放，讓台灣搶得先機的善意體現，而且大陸對台開放大於台灣對陸開放。

就本報探討的6服務產業，幾乎所有業者都期盼服貿協議早日生效，可以立刻逐鹿中原，搶食市場大餅，有的開放項目，譬如金融開放，將增加人民幣計價金融商品額度，對投資大眾非常有利。唯獨文創產業，卻對服貿協議的簽訂抱持既期待又難掩失望的矛盾心理，因為服貿協議只跨了開放的一小步，卻失去邁開大步的契機，憂慮服貿協議生效後，台灣文創在華文市場仍然徒有影響力空名，而無市場實益，但阻擋服貿生效卻連空名也不可得，因而內心糾結，也造成部分文化界人士棄雞肋、反服貿的選擇。

兩岸服貿協議中，文創法所定義的15項產業，僅兩項納入開放清單。陸方取得投資台灣現有印刷業的機會，但持股不得過半，台灣則為遊戲業者爭取到在材料齊備前提下，限時兩個月審批完成的超WTO待遇。除此之外，台灣內容產業在大陸所面臨的市場准入障礙，完全未獲得改善，仍如銅牆鐵壁般嚴密。

回顧去年服貿協議簽署後，台灣文化出版界的失望與悲鳴，表面理由是台灣單向開放陸資投資現有印刷廠業，持股不得過半，大陸卻寸土未讓，反服貿的民進黨見獵心喜，擴大成為政治風暴。事實上，台灣印刷業未曾限制歐美日資，又豈會把陸資視為威脅？文化界悲鳴的真正理由，在於政府談判代表未正視印刷為整體出版產業鏈之一環，我方的開放，並未換得高度管制的大陸出版行業上下游任何市場參與的機會。

兩岸交流以來，讓利之聲不絕於耳，但文創產業從影視、出版、數位內容到遊戲等行業，非但等不到讓利，甚且因兩岸經濟體制的差異性，形成了不公平貿易障礙的壁壘。台灣雖聲稱限制，卻因開放的體制造成管理困難，因而形同具文。僅以遊戲業為例，台灣禁止大陸遊戲業者在台營運，但大陸業者迂迴前行，已在台取得幾乎過半市占。但大陸查核嚴密，只要最終持股有任一自然人為台灣人，即難逾雷池一步，致台灣遊戲業者在大陸市占率不及1％。體制造成的不公平競爭，迫使台灣業者必須重新思考自己和中國大陸究竟應該為友，或者應該制訂排除大陸思考的經營策略。

大陸當局應該深思，在文創領域對台灣業者設下銅牆鐵壁，連在年輕人深愛的遊戲產業上，都迫使台灣業者不得不放棄華文市場腹地，其深層目的究係為何？連好萊塢都懷著中國夢，歡迎陸資合拍，並大量選角中國明星，難道台灣人在文創內容領域必須全面思考一個沒有中國大陸市場的戰略？

曾經走過國民黨禁止布袋戲播出年代的人，對大陸當局設下的內容准入限制，應當有理解之心。但當年被禁的布袋戲，如今已蛻化成為台灣文創類股的下一支霹靂尖兵。霹靂布袋戲想在大陸衛星電視頻道全國落地，卻仍然是奢侈的想像。大陸當局理應轉念，鄧麗君當年被禁的歌聲已是兩岸最甜美的共同回憶，兩岸應當藉諸文化力量發展共同記憶。

我們必須嚴肅回應，日前服貿協議在立院開始審查時，台灣遊戲產業振興會業者聯名刊登「台灣可以更好」的支持服貿生效說帖廣告。兩岸年輕人沒有理由愈走愈遠，台灣年輕人不該在大陸滿是挫折。

我們知道服貿對台灣文創業爭取得不夠多、不夠好，但已經爭取到的，理應早日生效。尚待努力的台灣文創業者准入議題，可放在世界貿易體系下的兩岸服貿協議市場准入議題中討論，或另以兩岸文化協議處理。

台灣文創業者在深厚的中華文化底蘊中，涵養出獨特的文化美學，應該有進入大陸尋找知音的機會，這是兩岸政府的責任。