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Intellectual Property and Commercial Court

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2014 Min Zhu Shang Yi No. 7

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Decision No. 2014 Min Zhu Shang Yi No. 7
Date December 18, 2014
Decision Highlight

It is merely a reappearance of the content of print work if someone makes the idea of work into a three-dimensional object according to the image, size, form or mechanical structure drawing, and the appearance is the same with the technical drawing. This reappearance qualifies as the behavior of reproduction. On the contrary, if the appearance is different from the technical drawing, the reappearance is an implementation rather than reproduction. Implementation is not stipulated by the Copyright Act because the Act does not protect implementation right of printed works. (See Supreme Court criminal decision No.2008-Tai-Shang-6410) According to the appellee’s instructions, the appellant drafted the disputed work, the office construction drawing (hereinafter “the disputed work”). The appellant was also in charge of overseeing in the workplace. The appellee carried out the disputed construction according to the disputed work. The appearance of the disputed construction is different from the disputed work. Therefore, the appellee’s action constitutes implementation of a printed work, which does not constitute infringement under the Copyright Act.

Keywords

Reproduction, Implementation

Relevant statutes Article 22 Paragraph 1 of the Copyright Act
  • Release Date:2020-11-13
  • Update:2020-12-07
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