Copyright other Intellectual Property Right 彙整

2017 年 8 月 8 日

Since it is predictable that using pictures downloaded from the Internet may involve copyright issues, an actor should conduct proper verification to avoid copyright infringement(Taiwan)

2016.07.11 Lenore Chen The Intellectual Property Court rendered the 105-Min-Zhu-Su-1 Civil Decision of July 11, 2016 (hereinafter, the “Decision”), holding that since it is predictable that using pictures downloaded from the Internet may involve copyright issues, an actor should conduct […]

2017 年 8 月 8 日

Article 48, Subparagraph 1 of the Copyright Law provides that a library shall still be subject to the restriction that only hard copies can be provided to its readers(Taiwan)

Angela Wu The Intellectual Property Office issued the Zhi-Zhu-10500043670 Circular of June 23, 2016 (hereinafter, the “Circular”) to communicate that because digital reproductions are very easy to circulate even if they are protected by technical protective means which restrict duplication, […]

2017 年 8 月 8 日

Reproduction and public distribution of the entirety of the copyrighted content of others on an individualÕs website without any original content by such individual are not fair use(Taiwan)

Ankwei Chen The Intellectual Property Court rendered the 105-Min-Zhu-Su-5 Civil Decision on June 7, 2016 (the “Decision”) in which it held that the reproduction and public distribution of the entirety of the copyrighted content of others on an individualÕs website […]

2017 年 8 月 8 日

If the same idea can be expressed only in limited ways, identical or similar expressions of others would not constitute copyright infringement(Taiwan)

Ankwei Chen The Intellectual Property Court rendered the 104-Min-Zhu-Shang-16 Decision on April 21, 2016 (hereinafter, the “Decision”), holding that if the same idea can be expressed only in limited ways, identical or similar expressions of others would not constitute copyright […]

2017 年 8 月 8 日

The Supreme People’s Court Announced the Top 10 Intellectual Property Rights Cases and 50 Classical Intellectual Property Rights Cases in China’s Courts in 2015(Mainland China)

James Cheng On April 21, 2016, the Supreme People’s Court selected 10 of the most representative civil, administrative and criminal cases involving intellectual property rights in 2015 to briefly summarize their specifics and analyze the significance of each case. The […]

2017 年 8 月 8 日

Judicial Interpretation of the Supreme People’s Court on Patent Infringement Disputes(Mainland China)

James Cheng On March 21, 2016, the Supreme People’s Court issued the Second Interpretation of the Supreme People’s Court on Specific Issues Concerning the Application of Law in Patent Infringement Dispute Trials (hereinafter, the “Interpretation) primarily to provide guidance to […]

2017 年 8 月 8 日

The Trademark OfficeÕs Seven Measures for Better Facilitating the Trademark Application Process(Mainland China)

James Cheng On March 24, the Trademark Office of the State Administration of Industry and Commerce announced on its official website seven measures providing more efficient and convenient trademark application services through more refined correction notices and activation of accelerated […]

2017 年 8 月 8 日

The name or title of the author may be omitted only if the purpose and method of the use of the authorÕs work is unlikely to harm the authorÕs interests and do not violate generally accepted usage practices(Taiwan)

2017.01.19 Ankwei Chen The Supreme Court rendered the 106-Tai-Shang-215 Civil Decision on January 19, 2017 the “Decision”) in which it held that the name or title of the author may be omitted only if the purpose and method of the […]

2017 年 8 月 8 日

Since evidence collection is often difficult for the infringed party with respect to trade secret infringement, the extent of substantiation by the claimant should be reduced on one hand, while the obligation of the respondent to provide a specific answer for clarification should be imposed on the other hand(Taiwan)

2017.01.04 Sean Liu The Supreme Court rendered the 106-Tai-Shang-55 Civil Decision of January 4, 2017 (hereinafter, the “Decision”), holding that since evidence collection is often difficult for the party with respect to trade secret infringement, the extent of substantiation by […]

2017 年 8 月 8 日

Unlawful infringement upon a company’s trade secrets with economic values means the company has sustained a loss of comparable property value according to general social concepts(Taiwan)

2016.08.31 Sean Liu The Supreme Court rendered the 105-Tai-Shang-1501 Civil Decision of August 31, 2016 (hereinafter, the “Decision”), holding that unlawful infringement upon a company’s trade secrets with economic values means the company has sustained a loss of comparable property […]

2017 年 8 月 8 日

Guiding Opinions on Accelerating the Building of Strong Intellectual Property Cities(Mainland China)

2016.11.09 James Cheng To thoroughly carry out the Several Opinions of the State Council on Building a Strong Intellectual Property Nation under the New Trends (Guo Fa [2015] No. 71), and provide further depth to the IP demonstration test in […]

2017 年 8 月 8 日

If the outer package of a product is designed by incorporating elements such as lines and graphics and arranged in general with other wordings, it is deemed an artistic work protected under the Copyright Act(Taiwan)

2016.10.20 Ankwei Chen The Intellectual Property Court rendered the 105-Min-Zhu-Shang-4 Civil Decision on October 20, 2016 (the “Decision”) in which it held that if the outer package of a product is designed by incorporating elements such as lines and graphics […]

2017 年 8 月 8 日

In case of any dispute over copyright ownership, application may be filed with the Copyright Mediation and Consultation Committee of the Intellectual Property Office for mediation(Taiwan)

2016.09.06 Angela Wu The Intellectual Property Office issued the Email-1050822 Circular of September 6, 2016 (hereinafter, the “Circular”) to communicate that in case of any dispute over copyright ownership, application may be filed with the Copyright Mediation and Consultation Committee […]

2017 年 8 月 8 日

Originality and creativity in the reporting of facts of a news report is protected under the Copyright Law(Taiwan)

2016.07.15 Ankwei Chen The Intellectual Property Office issued the Email-1050715 Circular on July 15, 2016 (hereinafter, the “Circular”) stating that originality and creativity in the reporting of facts of a news report is protected under the Copyright Law. This Circular […]

2017 年 5 月 31 日

Copyright ownership involving the consignment or employment relationship between a company and its employees should be subject to substantive determination(Taiwan)

2017.3.16 Sean Liu The Intellectual Property Court rendered the 105-Min-Zhu-Shang-Keng-(1)-2 Civil Decision of March 16, 2017 (hereinafter, the “Decision”), holding that copyright ownership involving the consignment or employment relationship between a company and its employees should be subject to substantive […]

2017 年 4 月 30 日

A sole license is not an exclusive license. Under a sole license, a copyright owner is obligated not to further license any third party after granting such license but does not preclude the copyright owner from exercising his/her own copyright. (Taiwan)

2017.1.5 Tiffany Wu The Supreme Court rendered the 106-Tai-Shang-31 Criminal Decision of January 5, 2017 (hereinafter, the “Decision”), holding that a sole license is not an exclusive license. Under a sole license, a copyright owner is obligated not to further […]