碩士 / 東吳大學 / 法律學系 / 98 / Abstract
After the times of Intellectual Economics coming, Intellectual Property Right gradually becomes to more popular and important in our daily life. Copyright law plays a role in contributing culture in the whole Intellectual Property Right laws system.
From the 1990s till now, to comply with the regulations of WTO & WIPO(World Trade Organization & World Intellectual Property Organization)and development of internet, the Copyright Law of Taiwan had revised for 10 times at least.
The latest and most important case of copyright dispute in Taiwan Judicial practice is about the Exhaustion Doctrine. There are some discussions of Exhaustion Doctrine and introduction of the latest precedent of Federal Supreme Court and two cases of Taiwan Intellectual Property Court in this thesis. The goal of this thesis is not to affect the overcome of that case which the judgment is not still made by Taipei District Court yet. The fact of that case is a kind of e-commercial trade which combines the digital content platform and DVD rental trading. The value of that case is about some important issues in copyright disputes, especially in the Exhaustion Doctrine scope. The Exhaustion Doctrine is the “Supreme Clause” during the whole Intellectual Property Right laws system.
The development of Copyright and relevant laws in Mainland China was very poor from 1949 to 1979. After decades of 1979’s reformation, the Copyright Law of Mainland China finally effected on 1 June, 1991. It was revised again for complying with the regulations of WTO on 27th Oct, 2001.
The Exhaustion Doctrine did not being established in the Copyright Law of Mainland China. Perhaps it is because the development of copyright law and practice in Mainland China different from Taiwan. On the contrary, the most copyright disputes in Mainland China were about the internet and computer software license.
The idea of copyright protection needs to be taught. The environment of copyright protection in Mainland China is not very well at this moment; however, the government of Mainland China still endeavors to protect copyrights. As for Taiwan, it is much better than Mainland China. The copyright protection is a long-term task, it needs to teach people and enforce the law thoroughly. Only continuing to educate people and enforce the law thoroughly can provide a good quality environment of copyright protection and creation.
| Identifer | oai:union.ndltd.org:TW/098SCU05194019 |
| Date | January 2010 |
| Creators | Fa-kuei Chang, 張發揆 |
| Contributors | Ming-yan Shieh, 謝銘洋 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 152 |
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