SELECT content FROM law_ref_lang_word WHERE word_id=91 AND lang_id=3 FirstLaw 第一國際法律事務所
【Intellectual Property Rights】
  • Work that may be Registered                                                                                             

                    In terms of Copyright Act of Taiwan, there are 10 categories of work that can be registered,
                    which includes oral and literary works, musical works, dramatic and choreographic works, 
                    Artistic works, photographic works, Pictorial and graphical works, audiovisual works, sound
                    recordings, architectural works, and computer programs.

                    Copyrights come into existence as soon as a work is completed, with no special procedures
                    or registration required.

  • Burden of Proof                                                                                                                     

                    Since the creator of a work enjoys copyrights as soon as he or she has completed the work;
                    therefore the registration is not required. And due to afore mentioned, we can deduct that
                    copyrights are private rights therefore the owner shall bear the burden of proof on the existence
                    of his/her rights.

  • Protection                                                                                                                              

                    With reference to WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights
                    (known as TRIP's), the member countries are obliged to protect works if the nationals of other
                    members. Furthermore, those countries that are not members of WTO, in order for their
                    copyrights to be protected in Taiwan, there must be a reciprocal copyright arrangement between
                    the countries.

  • Remedies for Copyright Infringement                                                                               

                    Copyright infringement occurs when a person uses or reproduces the copyright work without
                    authorizations of the copyright owner. In the event of being infringed, the owner of copyright may
                    demand the infringer to stop infringing the work via sending a cease and desist letter or bring the
                    following legal actions against the infringer:

                    ◎  Civil Procedures:

                          1.When the injured party is unable to prove damages, it may base the damages on the
                                  difference between the amount of expected benefit from the exercise of such rights
                                  under normal circumstances and the amount of benefit from the exercise of the same
                                  rights after the infringement.

                          2.Based on the amount of benefit obtained by the infringer on account of the infringing
                                  activity; provided, where the infringer is unable to establish costs or necessary expenses
                                  of the infringing act or articles, the total revenue derived from the infringement shall be
                                  deemed to be its benefit.

                    ◎  Criminal Procedures:

                           In principle, copyright infringement is chargeable only upon a complaint, so that the prosecution
                           authority will not investigate the infringement matters without filing a complaint. However, it is
                           an exception for the person who infringes on the economic rights of another person by means
                           of reproducing the work without authorization. Any person who has above infringements shall
                           be punished by the imprisonment not more than seven years in addition thereto a fine not more
                           than five million dollars New Taiwan Dollars.

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