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Intellectual Property and Commercial Court


2012 Xing Zhi Shang Su Zi No. 58

Decision No. 2012 Xing Zhi Shang Su Zi No. 58
Date November 15, 2012
Decision Highlight

The defendant knows that reproducing software piracy of game memory cards, which include quasi-private-documents containing words and images stated that rights are reserved and the game’s issue are authorized, constitutes an offence of forgery. When he sold and delivered such game memory cards to purchasers, he had placed the quasi-private-documents in the situation that the documents can play their roles at any time. Without the need for any other formal instructions, the defendant has allowed others to use the documents in the way that is identical to an authentic one. As he knows subjectively that he had sold and delivered goods with deceptive intent to purchasers to exercise the quasi-private-documents, this conduct should constitute exercising and forging quasi-private-documents, article 216, 210, and 220 of the Criminal Code.

The reproduced game memory cards sold by the defendant can run just like the original game. Also, the reproduced one would present the related licensing terms on the television screen. Therefore, it should be seen as a quasi-private-document and thus causes injury to the victim. The defendant’s conduct of selling the cards to others is to exercise the forging quasi-private-documents contained in the reproduced game memory card, and he has consequently committed the offenses of forging quasi-private-documents.


Forgery, Quasi private document, Copyright infringement, Exercise, Reproduce

Relevant statutes Article 216, 210, 220 of the Criminal Code of the Republic of China
  • Release Date:2020-11-13
  • Update:2020-12-03