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Taiwan Copyright Law Infringement and Remedy

Author: QuChenDong
Tutor: ShouBu
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: copyright law infringement remedy
CLC: D923.41
Type: Master's thesis
Year: 2008
Downloads: 124
Quote: 1
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Abstract


There are two problems faced by China legal research about Taiwan Copyright Law, one is data and materials have been out of date, and the other is most discussions only tell what these clauses are. Therefore, it is short of knowing its inherent legal principles and the law development.In consideration of it, this dissertation from the angle of the infringement and damage’s remedy attempts to display the whole appearance in the historical development of Taiwan Copy Right Law and to provide the most conformity materials for related researches hereafter.This dissertation mainly focuses on the development of the copyright subjects, the copyright objects, the copyright contents and the principles of liability and the approaches of damage and remedy; moreover, from the Taiwan Supreme Court ruling cases and verdicts expects to grasp the actual judicial features of Taiwan Copyright Law.This dissertation holds that the development of Taiwan Copyright Law is influenced by two factors: one which the right holders, the right objects and the right contents are the effect from without including international organizations and treaties requirement, the other which the principles of liability and the approaches of damage and remedy are the effect from within mainly the copyright law development. In the view of comparative research, Copyright Law of Taiwan and China are all influenced by the same international factors, what caused the differences are the internal judicial and legal system. Hence, what this dissertation expects is through materials presented here will contribute to later on the research of causes of the differences in the comparative legal research of crossing straits.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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