經通國際智慧產權事務所

Copyright FAQ

• What are the benefits of a company having copyright protection for their works?

  The Copyright Law gives the copyright owner the right to reproduce, publicly dictate, publicly broadcast, publicly display, public performance, public transmission, public display, reform, distribution, rental, etc., so that the copyright owner can dictates, sells, uses the work and uses the benefits of its work.

• Are a company's product design drawings protected by copyright?

  Whether a work is protected by copyright the following requirements must be met:

  1. Must be a creation from human spirit;
  2. Must be a creation being explicit through "expression";
  3. Must be a creation of originality or created independently with creativity;
  4. Must be a creation in the literary, scientific, artistic or other academic fields.

   

  If the company's product design drawings meet the above requirements, they are protected by copyright law.

• What type of copyright does product design drawings belong to?

  According to the TIPO’s definition, graphics works refers to the use of graphic shapes, lines and other graphing techniques of which the creation is explicit through expression of thoughts or feelings being characterized by academic or technical performance. Product design and engineering drawings belong to graphic works. When the creation is completed, it is protected by the copyright law.  Authentication or announcement of the work is not one of the requirements for copyright protection.  Therefore,  “Product Design Drawings” is considered as graphic work in the Copyright Law. (Article 5 of the Copyright Law)

• How long is a company’s product design drawing protected under copyright?

  If the company is the author of the work, the economic rights last for fifty years from the publication of the work. However, if the work is not publicly published within 50 years from the completion of the creation, the economic rights of the work last for fifty years from the completion of the work.

                

  For example:

   

  (1.) The work was created on January 30, 2010, and published on January 30, 2021, so the expiration date of its copyright term is December 31, 2071.

   

  (2.) The work was created on January 30, 2010, but the product design drawings have never been published. The expiration date of the copyright term is December 31, 2060.

   

  (Articles 5, 33, and 35 of the Copyright Law)

• What will the manufacturer be liable upon infringing the copyright of other’s product design drawings?

  According to the provisions of the Copyright Law, there may be civil liability for damages or criminal liability. If it is difficult to prove the actual damages, and the damages are intentional and the circumstances are serious, the compensation amount will be increased to NT$5,000,000. If the highest level of criminal responsibility is imprisonment for up to five years, one may get a fine of NT$5,000,000 in addition. (Articles 88 and 91 of the Copyright Law)

• Since the product drawings have been protected by the Copyright Law, is there a need to apply for a patent protection for the products?

  According to the provisions of Article 10 of the Copyright Law, “Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.”

   

  Therefore, the production of the product based on the measurements, specification or structure diagram of the work is considered as an act of “implementation” which is not the subject of copyright protection.

   

  The subject of copyright and patent rights is different.  Copyright protects the objective forms of expression of works, and patent right protects the innovative technology with industrial applicability. (Article 10 of the Copyright Law)

• What are the benefits of indicating the author's name in the work?

  A work is protected by Copyright Law upon fulfillment of the elements of copyright protection even if the name of the author is not indicated in the work. However, if the name of the author can be further indicated on the work, it is legally presumed to be the author of the work. In the event of a copyright dispute in the future, the copyright owner may reduce his burden of proof. (Articles 13 and 16 of the Copyright Law)

• Is it permissible to republish the report on newspapers and magazines on one’s company website?

  According to Article 9.1.(4) of the Copyright Law, literary works that are intended strictly to communicate facts are not subjected to copyright protection.  The public is free to republish. As for other commentary articles on the Internet, they are still protected by copyright. (Articles 9, 52 of the Copyright Law)

• Can a company edit photos or drawings of others for use on one’s catalogue or website?

  Unauthorized use of other people's photos or pictures by means of reproduction, alteration, edition, etc. will infringe upon the economic rights of others and shall be penalized.  Hence, do not arbitrarily use photographs or drawings taken by others without the authorization from others. (Articles 91 and 92 of the Copyright Law)

• How to legally cite the work of others?

  The use of the work of others shall be subject to the authorization of the copyright owner of the work in principle.  Unless there is a reasonable use as prescribed under Articles 44 to 65 of this Law, authorization from the copyright owner is not required.  The use of personal or family non-profit purposes, or public interest considerations, or to promote academic, educational, press freedom and other factors are examples of so-called “fair use”. The Copyright Law allows a user to use another person's work within a reasonable range without authorization, and the said use does not constitute a violation of the economic rights of the work. In accordance with the provisions of the Copyright Law, when the work of others is reasonably used, the author of the work must still be clearly acknowledged and the author's moral right of the work should not be infringed. (Articles 44-66 of the Copyright Law)