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Intellectual Property and Commercial Court



Decision No. 2008-Min-Zhu-Su-21
Date February 25, 2009
Decision Highlight

The term “work” under the Copyright Act means a creation that is within the literary, scientific, artistic, or other intellectual domain, as expressly provided in Article 3, Paragraph 1, Subparagraph 1 of the Copyright Act. The term “creation” means an expression by the author of his thought or emotion, with originality and a specific method of expression. The term “originality” means that an author independently creates a work rather than copies from another’s work. A work without originality is not protected by the Copyright Act. Furthermore, the degree of “originality” is not the same as the ingenuity (that is, “objective novelty”) required by the Patent Act for patenting an invention, a utility model, or a design. Two elements, specific contents and creative expression, must be present and sufficient to show the character and uniqueness of the author in order for a work to be recognized as “original.” A work without a specific content is not a copyrightable work, even if it has some creative expression, for instance, a blank form. A work without creative expression is also not copyrightable, even if it has some specific contents, for example, a collection of factual information. Otherwise, the scope of copyright protection would be too broad, and the general people could easily violate the law when they are engaged in related activities, and that is not the purpose of the Copyright Act, which states in Article One: “ to protect the rights and interests of the authors on their works, to harmonize the public interest of the society, and to promote the nation’s cultural development.”

Related Provision

Copyright Act: Article 1; Article 3, Paragraph 1, Subparagraph 1

  • Release Date:2020-11-13
  • Update:2020-12-03