A Study on Copyright Infringement of Circuit Works
| Autor: | Yu-Chieh Hsu, 許煜婕 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 A circuit is a diagram or a technical drawing designed by an engineer for a specific function that shows human intelligence. Once the circuit satisfies the requirement of copyrightability, it is protected by the copyright law. The purposes of copyright law are not only protecting the rights and interests of authors with respect to their works, but also balancing different interests for the common good of society and promoting the development of national culture. There are two major issues when it comes to the circuit copyright infringement: the copyrightability and the proof of infringement. With regard to the burden of the copyrightability of the circuit work, the practice in the United Sates federal systems is distinguished from Taiwan due to the laws. According to 17 U.S.C. § 410(c), the copyright registration certificate issued by the U.S. Copyright Office obtained the prima facie evidence of the validity of copyright. However, the burden shifts to the plaintiff as the defendant challenges the validity of copyright. Besides, when the defendant claims the merger doctrine, the scenes a faire, or the public domain limit the scope of copyright protection, the majority recognizes the plaintiff still has to bear the burden of copyrightability. Unlike the United State, there is no such copyright registration system in Taiwan; hence the author must keep all the drafts or documents on file to present authorship. As a result, the merger doctrine, the scenes a faire, or the public domain are the defenses to a claim of infringement in Taiwan. This means the defendant in a civil case should demonstrate the plaintiff’s work consists of a merged expression, scenes a faire or the public domain. Only in this way could ease the plaintiff’s heavy burden, preventing high likeliness to lose a lawsuit, along with protecting the rights and interests of authors. On the contract, the prosecutor in a criminal case should bear the burden of copyrightability, since presumption of innocence. To establish that the circuit work has been impermissibly copied, plaintiff must show both access to the work and substantial similarity between the two works whether in U.S. or Taiwan. Some commanded that “access” plays the most important role in lawsuits since the evidence is rare. Some agree the striking similarity between the two works raises the presumption of access. Whereas it should limit in a slavish copy, and the parallel independent creations could be the defense as well. The intellectual property courts in Taiwan applies “quality and quantity” or “total concept and feel” test to determine whether two circuit works are substantially similar or not. Despite this, the courts neither exclude the unprotectable express from consideration nor just find similarities based on the protectable express. It’s obviously the practice in Taiwan cannot cope with the function of the circuit works properly. Comparing the practice and the copyright treatise authors in the United States, “the successive filtering method” is the most applicable test for substantially similarity in Taiwan. Additionally, there is still an “exploitation defense” in Taiwan. Some regard that producing based on the diagram is the exploitation of the patent, instead the reproduction of the copyright. Consequently, that conduction is not prohibited by copyright law. Yet it infringes the copyright as long as the production shows the expression of the circuit work, and the copyright would not exclude the scope of protection owing to the transforming into three dimensions. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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