2009 Xing Zhi Shang Geng (3) Zi No. 2
|2009 Xing Zhi Shang Geng (3) Zi No. 2
|June 28, 2010
1. Besides, whether it was a reproduction by transforming a planar form of an artistic work or pictorial work into a three-dimensional form is determined by comparing the planar form of an artistic work or pictorial work with the transformed three-dimensional object. If an artistic work, or pictorial work, which is attached to the three-dimensional object, is a planar form that shows again the content of the artistic work, or pictorial work, this is a duplicate production of the original planar form of the artistic work, or pictorial work. That is reproduction. If the three-dimensional form in a three-dimensional object re-expresses the work content of the original planar form of the artistic work, or pictorial work, this is derivation.
2. As for determining whether commercialization of a trademark constitutes trademark infringement, the points are whether, after the commercialization of a trademark, the use of a trademark is established, and whether the likelihood of confusion is established. If others commercialize a trademark to further the utilization of ´main functionality,´ this is to use purely for decoration or for buyers to express their feeling, and is not for identifying the source of products. That is not the use of a trademark. On the other hand, if commercialization of a trademark is used for identifying the source of products and for marketing purposes, this is the use of a trademark. In addition, as for whether the likelihood of confusion is established, if general consumers, when buying the products, think the products are from the trademark owner or her licensees, then the likelihood of confusion exists.
Reproduction, derivation, commercialization of a trademark, use of a trademark
|Article 94 and Article 91, Paragraph 2 of the Copyright Act before the July 9, 2003 amendment; Article 62, Subparagraph 1 and Article 64 of the Trademark Act before the May 28, 2003 amendment.
- Release Date:2020-11-13