Copyright 彙整 - Lee, Tsai & Partners

Jane Tsai, Yuki Chiang and Lilian Hsu Regarding the interpretive issue of reproduction offenses, the justice held that the criminal liability imposed on offenders of illegal reproduction s; the six months minimum imprisonment against certain specified reproduction offenders; and the listing of CD reproduction s offenses as not an offense actionable only upon complaint does not violate the Legal Certainty principle, infringe personal freedom, and not in violation of the Principle of Equality respectively. Nonetheless, legislators shall still pay attention to whether past legislation is disconnected from societal realities and needs amendments.

2021 年 10 月 1 日

Introduction to the ‘Copyright Collective Management Organization’s Personal Data Safety Maintenance Guide’ (Taiwan)

Jane Tsai, Doris Hsu and Lilian Hsu The economic rights holder may commission the Copyright Collective Management Organization (‘CMO’) as its proxy to exercise holdership rights via entering a managing agreement for the convenience of copyright management in today’s diverse […]

2021 年 10 月 1 日

Is the sale and manufacture of “Ubox clean version” which doesn’t contain any infringing apps, against the law? (Taiwan)

Jane Tsai and Weke Chen In August this year, the Olympic craze swept across Taiwan. While celebrities began posting on social media photos of them supporting their favorite athletes, some eagle-eyed netizens found in those photos their use of Ubox, […]

2021 年 9 月 1 日

Introduction of the Draft Amendments to the Copyright Act (Taiwan)

Jane Tsai and Jiselle Ong To accommodate the rapid development of digital technologies and the Internet, the Executive Yuan adopted the draft Partial Amendments to the Copyright Act on April 8, 2021 and submitted them to the Legislative Yuan on […]

2021 年 7 月 1 日

Means of proof that may defeat the originality of “interior design” (Taiwan)

Yuki Chiang The Supreme Court handed down the 109-Tai-Shang-2725 Decision of January 20, 2021, with the following facts underlying this decision. The Appellant plagiarized and reproduced the guest rooms and furniture and furnishings of Hotel A (hereinafter, “Hotel A’s Interior […]

2021 年 5 月 17 日

Photographs and design drawings on product catalogs should be copyrightable (Taiwan)

Yuki Chiang According to the facts underlying the 109-Min-Zhu-Shang-2 Decision of October 22, 2020 judged by the Intellectual Property Court, Appellant, Company A, sought to help its customers and vendors better understand various products by editing and creating product brochures […]

2021 年 2 月 1 日

Copyright Law (Mainland China)

Jolene Chen On November 11, 2020, the 23rd Session of the Standing Committee of the 13th National People’s Congress adopted the Third Amendment to the Decision on Amending the Copyright Law of the People’s Republic of China. The third amendment […]

2021 年 2 月 1 日

The scope of the lawful exploitation of a work under Article 12, Paragraph 3 of the Copyright Law which provides that the commissioning party may exploit the work, should be determined by the purposes of the commission or of the contract (Taiwan)

Albert Yen The Supreme Court rendered the 109-Tai Shang-3948 Decision of September 17, 2020 (hereinafter, the “Decision”), holding that the scope of the lawful exploitation of a work under Article 12, Paragraph 3 of the Copyright Law which provides that […]

2021 年 1 月 1 日

Patent Law (Mainland China)

Jolene Chen On October 17, 2020, the Standing Committee of the National People’s Congress promulgated the Decision on Amending the Patent Law of the People’s Republic of China (2020), and the newly amended Patent Law will come into force on […]

2020 年 12 月 30 日

Legal issues that companies should be aware of when using open source software (Taiwan)

Elva Chuang[1] Open source software has become the norm for enterprise IT departments around the world Open source software is by nature a type of computer program, which is still a type of work regulated and protected by the Copyright […]

2020 年 12 月 1 日

Mere provision of a hyperlink does not constitute an act of public transmission (Taiwan)

Yuki Chiang The Supreme Court rendered the 109-Tai-Shang-2616 Criminal Decision of June 30, 2020 (hereinafter, the “Decision”), holding that mere provision of a hyperlink does not constitute an act of public transmission, but if the actor is obviously aware that […]

2020 年 12 月 1 日

Opinions of the Supreme People’s Court on Increasing Punishment for Intellectual Property Rights Infringement Property Rights Infringement (Mainland China)

Di Wu After reviewing the actual practice in intellectual property cases, the Supreme People’s Court formulated its Opinions on Increasing Punishment for Intellectual Property Rights Infringement on September 14, 2020(the “Opinions”) to strive for fair trials, more effectively deter infringement […]

2020 年 11 月 1 日

When a court sets the amount of damages for copyright infringement, a decision against the defendant should be rendered within the scope of the compensation admitted by the defendant (Taiwan)

Yuki Chiang The Intellectual Property Court rendered the 109-Min-Su-48 Decision of June 30, 2020 (hereinafter, the “Decision”), holding that when a court sets the amount of damages based on the circumstance of the infringement, if the defendant admits to the […]

2020 年 11 月 1 日

Official Reply of the Supreme People’s Court on the Application of Law in Internet-related Intellectual Property Rights Infringement Disputes (Mainland China)

Joyce Wen On September 12, 2020, the Supreme People’s Court issued its Official Reply on the Application of Law in Disputes Internet-related Intellectual Property Rights Infringement Disputes (the “Reply”). The Reply mainly sets down clear provisions on the application of […]

2020 年 11 月 1 日

Guiding Opinions of the Supreme People’s Court on the Trial of Civil Cases Involving the Intellectual Property Rights on E-commerce Platforms (Mainland China)

Joyce Wen On 10 September 2020, the Supreme People’s Court issued the Guiding Opinions on the Trial of Civil Cases Involving Intellectual Property Rights on E-commerce Platforms (the “Opinions”). The Opinions marked the first time that the Supreme People’s Court […]

2020 年 10 月 1 日

The objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of works,” and their use right can only be obtained by a transfer of possession rather than a transfer of ownership (Taiwan)

Albert Yen The Intellectual Property Court rendered the 109-Min-Zhu-Su-14 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that the objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of […]

2020 年 7 月 1 日

Opinions of the Supreme People’s Court on the Comprehensive Strengthening of Judicial Protection of Intellectual Property Rights (Mainland China)

Di Wu Strengthening the protection of intellectual property rights is the most important element of improving the property rights protection system and is also the greatest driver to enhance the competitiveness of our economy. The Supreme People’s Court thus issued […]

2020 年 7 月 1 日

The creativity of photographic works should not be determined by whether a photographer has made the adjustments of traditional photography techniques to the works. (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Zhuan-Su-103 Decision of December 30, 2019 (hereinafter, the “Decision”), holding that since mobile phones have different shooting modes, the creativity of photographic works should not be determined by whether a photographer has […]

2020 年 5 月 1 日

Interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the broadest reasonable interpretation at the time of application (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 108-Pan-556 Decision of December 5, 2019 (hereinafter, the “Decision”), holding that interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the […]