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Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter VI Remedies for Infringement of Rights
Article 84
The copyright holder or the plate rights holder may demand removal of infringement of its rights. Where there is likelihood of infringement, a demand may be made to prevent such infringement.
Article 85
A person who infringes on the moral rights of an author shall be liable for damages. In the event of non-pecuniary injury, the injured party may claim a commensurate amount of compensation.
In infringement matters referred to in the preceding paragraph the injured party may demand indication of the author's name or appellation, correction of content, or adoption other appropriate measures necessary for the restoration of its reputation.
Article 86
After the death of the author, unless otherwise specified by a will, the following persons, in the order indicated, shall be entitled to request remedies in accordance with Article 84 and the second paragraph of the preceding article for actual or likely violations of Article 18:
1.Spouses
2.Children
3.Parents
4.Grandchildren
5.Brothers and sisters
6.Grandparents
Article 87
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1.To exploit a work by means of infringing on the reputation of the author.
2.Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3.Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4.Import of the original or any copies of a work legally reproduced abroad without the authorization of the economic rights holder.
5.Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
6.Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
7.To provide to the public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.
8.Knowing that the works broadcast or transmitted publicly by another person infringe economic rights, with the intent to provide the public to access such works by the Internet, acting as follows, and to receive benefit therefrom:
(1) To provide the public with computer programs which have aggregated the Internet Protocol Addresses of such works.
(2) To direct, assist or preset paths to the public for using computer programs in the preceding item.
(3) To manufacture, import or sell equipment or devices preloaded with the computer programs of the first item.
A person who undertakes the actions set out in subparagraphs 7 or 8 above shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites, or persuades the public to use.
Article 87-1
The provisions of subparagraph 4 of the preceding article do not apply under any of the following circumstances:
1.Where the original or copies of a work are imported for the use of central or local government agencies; provided, this does not apply to import for use in schools or other educational institutions, or to the import of any audiovisual work for purposes other than archival use.
2.Where the original or a specified number of copies of any audiovisual works are imported in order to supply such works to nonprofit scholarly, educational, or religious organizations for archival purposes, or where an original or specified number of copies of works other than audiovisual works are imported for library lending or archival purposes, provided that such copies are used in compliance with the provisions of Article 48.
3.Where the original or a specified number of copies of a work are imported for the private use of the importer, not for distribution, or where such import occurs because the original or copies form part of the personal baggage of a person arriving from outside the territory.
4.For the purpose of exclusive use by the visually impaired, learning disabled, hearing impaired or other persons with a perceptual disability, local or central government agencies, non-profit organizations and all levels of legally established schools may import copies reproduced by means of translation, Braille, sound-recording, digital transformation, verbal imagery, accompanying sign language or otherwise, provided that such copies are used in compliance with the provisions of Articles 53.
5.Where the original or copies of a work incorporated into any legally imported goods, machinery, or equipment are imported in conjunction with the import of such items. Such original or copies of the work shall not be reproduced during the use or operation of the goods, machinery or equipment.
6.Where a user's manual or operating manual accompanying any legally imported goods, machinery, or equipment is imported; provided, this does not apply where the user's manual or operating manual are the principal objects of the importation.
The "specified number" set forth in subparagraphs 2 and 3 of the preceding paragraph shall be prescribed by the competent authority.
Article 88
A person who unlawfully infringes on another person's economic rights or plate rights out of intention or negligence shall be liable for damages. Where multiple persons engage in unlawful infringement, they shall bear joint and several liability for damages.
With regard to the damages referred to in the preceding paragraph, the injured party may make claim in any of the following manners:
1.In accordance with the provisions of Article 216 of the Civil Code; provided, when the injured party is unable to prove damages, it may base the damages on the difference between the amount of expected benefit from the exercise of such rights under normal circumstances and the amount of benefit from the exercise of the same rights after the infringement.
2.Based on the amount of benefit obtained by the infringer on account of the infringing activity; provided, where the infringer is unable to establish costs or necessary expenses [of the infringing act or articles], the total revenue derived from the infringement shall be deemed to be its benefit.
If it is difficult for the injured party to prove actual damages in accordance with the provisions of the preceding paragraph, it may request that the court, based on the seriousness of the matter, set compensation at an amount of not less than ten thousand and not more than one million New Taiwan Dollars. If the damaging activity was intentional and the matter serious, the compensation may be increased to five million New Taiwan Dollars.
Article 88-1
Where claim is made pursuant to Article 84 or paragraph 1 of the preceding Article, the injured party may request the destruction or other necessary disposition of goods produced as a result of the infringing act, or of articles used predominantly for the commission of infringing acts.
Article 89
The injured party may demand that the infringer, at its own expense, publish in a newspaper or magazine all or part of a judgment concerning said infringement.
Article 89-1
The right to claim damages as specified in Articles 85 and 88 shall be extinguished if not exercised within two years from the time the person having the right to make claim learns of its right to claim damages and knows the identity of the obligor, or within ten years of the occurrence of the infringement.
Article 90
Each holder of copyrights in a joint work may, pursuant to the provisions of this chapter, separately demand remedies from the infringer, and may also claim damages based on its share of copyright ownership.
The provisions of the preceding paragraph shall apply mutatis mutandis to joint holders of economic rights and plate rights that arise out of other relationships.
Article 90-1
A copyright holder or plate rights holder may apply to the customs authorities to suspend the release of import or export goods that infringe on their copyright or plate rights.
The application referred to in the preceding paragraph shall be filed in writing, shall state the facts of the infringement, and shall include a bond in an amount equivalent to the import customs value or the export FOB value of the goods, as assessed by customs, to serve as a security to offset the loss suffered by the party whose goods are subject to attachment.
Customs shall immediately inform the applicant when processing an application to suspend the release of goods. Where Customs determines that the conditions in the preceding paragraph have been met and issues an attachment order, it shall give written notification to the applicant and to the party whose goods are attached.
The applicant or the party whose goods are attached may apply to the customs authorities for permission to inspect the attached goods.
Attached goods shall be confiscated by the customs authorities where the applicant has obtained a final and unappealable civil judgment determining that the goods infringe on copyright or plate rights. The owner of the attached goods shall be held liable for such costs as container demurrage, warehousing, loading, unloading, as well as for expenses connected with destruction of the goods.
If the expenses connected with destruction of the goods referred to in the preceding paragraph are not paid within the period prescribed by customs authorities, the claim shall be enforced through compulsory execution.
In any of the following circumstances, an attachment order shall be rescinded by the customs authorities and the attached goods shall be processed in accordance with applicable import and export regulations; in addition, the applicant shall compensate the party whose goods were attached for damage incurred on account of the attachment:
1.The attached goods have been determined to be non-infringing of copyright or plate rights by a final and unappealable court judgment.
2.Within twelve days of the date on which the applicant is informed of the attachment, the customs authorities have not received notification from the applicant indicating that it has initiated litigation proceedings alleging that the attached goods are in infringement.
3.The applicant applies to rescind the attachment.
The period referred to in subparagraph 2 of the preceding paragraph may be extended by another twelve days if customs authorities deem it necessary.
Customs authorities shall return the bond upon the applicant's request in any of the following circumstances:
1.There is no need to continue posting the bond either because the applicant has obtained a final and unappealable judgment in its favor or because the applicant has reached a settlement with the party whose goods were attached.
2.The attachment order has been rescinded and the applicant can prove that at least the required twenty days have elapsed since the applicant notified the party whose goods are subject to the suspension of release to exercise its rights and such party has failed to exercise its rights.
3.The party whose goods were attached agrees to the return.
A person whose goods have been attached shall have the same rights as a pledgee with respect to the bond referred to in the second paragraph of this article.
When the customs authorities, in the course of executing their duties, discover import/export goods that in appearance are obviously suspect of copyright infringement, they may within one business day notify the rights holder and notify the importer/exporter to produce authorization materials. After receiving notice, the rights holder shall proceed to customs within four hours for air export goods and within one business day for air import goods and sea import/export goods to assist with verification. Where the rights holder is unknown or cannot be notified, or the rights holder fails to proceed to customs within the time limit as notified to assist with verification, or the rights holder determines that the goods in question are not infringing, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith.
Where the goods are determined to be suspected infringing goods, customs shall take measures to suspend the release of the goods.
If within three business days after customs has taken measures to suspend the release of the goods the rights holder has not applied to customs for attachment under paragraphs 1 to 10, or has not initiated civil or criminal litigation procedure to protect the rights, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith.
Article 90-2
The implementing regulations for the preceding article shall be prescribed by the competent authority in consultations with the Ministry of Finance.
Article 90-3
Whoever violates any provision of Article 80-1 or Article 80-2, thereby causing damage to the copyright owner, shall be liable for damages. If there are multiple violators, they shall bear joint and several liability for damages.
The provisions of Article 84, Article 88-1, Article 89-1, and Article 90-1 shall apply mutatis mutandis to violations of Article 80-1 or Article 80-2.