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Intellectual Property and Commercial Court


2013 Min Zhu Su Zi No. 62

Decision No. 2013 Min Zhu Su Zi No. 62
Date December 12, 2014
Decision Highlight

1.While determining whether substantial similarity exists, the works in comparison do not have to be completely identical. It only needs to be determined whether the alleged infringer’s work is substantially similar to the part in the copyrighted work that demonstrates the author’s originality.

2.Since it is difficult for the injured party to prove actual damages, copyright owners may request the court, based on the seriousness of the matter, to set an adequate amount of compensation under Article 88 Paragraph 3 of the Copyright Act. The court should consider factors such as the nature of the work, the loss suffered by a plaintiff due to the infringement, the profits gained by the defendant, and the use of the work, in order to determine the amount of compensation under a fair and reasonable basis.


Substantial Similarity, Set Compensation

Relevant statutes Article 88 Paragraph 3 of the Copyright Act
  • Release Date:2020-11-13
  • Update:2020-12-03