Taiwan Copyright
Key Facts
Legal definition of copyright
In Taiwan, Copyrights are legally defined as the “moral rights” and “economic rights” subsisting in a completed work. Specifically, the “moral rights” serve to protect the reputation and prestige of the authors and the moral interests of their works, whilst the Economic rights protect the author’s rights to the financial benefits deriving from his or her work.
Coverage of copyright protection
According to Taiwan Copyright Act, the copyright protection covers the following kind of works:
Oral and literary works; Musical works; Dramatic and choreographic works; Artistic works; Photographic works; Pictorial and graphic works; Audiovisual works; Sound recordings; Architectural works; Computer programs
Unprotectable works
Constitution, laws, regulations, legal documents/official documents and translation thereof, as well as slogans, symbols, numerical charts, forms, almanacs, test questions, news reports, and materials harmful to morals.
Copyright registration system
In Taiwan, it is not necessary to apply for copyright registration as it is an exclusive right a creator inherently enjoys upon completion of his/her work. However, as copyright owners bear the burden of proof when any disputes arise, it is advisable for the owner to file a recordation before the government accredited/recognized copyright association (ex. Taiwan Development & Research Academia of Economic & Technology (TEDR)) as such recordation can be effectively serve as an evidence.
Procedure
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Filing
Application and copy of work are filed 1 day
Formality Examination
Formal requirements of application are being examined 5 days
Examination
Application and eligibility of the work are being examined 5 days
Issuance of registration certificate
If accepted, a Certificate is issued |
* The time frame shown above indicates average processing time of the TEDR, it can be varied from the actual situation due to the content of application. |
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FAQ
How to obtain copyright protection for works in Taiwan?
Copyright is an automatic right that exists upon the creation of the work by an author. There is no registration required to obtain such right. However, it is advisable to file a recordation of copyright before the government accredited/recognized copyright association in Taiwan as it can be served as very effective evidence when disputes arise.
How do I register my copyrights in Taiwan?
You may submit an application with a copy of your work to the Taiwan Development & Research Academia of Economic and Technology (TEDR) to file a recordation. However, as the requirements for copyright recordation vary on type of the work, it is advisable to entrust a qualified agent with this procedure.
We are qualified agent that accredited by the Taiwan Development & Research Academia of Economic and Technology (TEDR). We are the most pleased to help!
Can works of foreign entities be protected in Taiwan?
Although Taiwan is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, or the World Intellectual Property Organization Convention (WIPO), it is a member of the World Trade Organization (WTO) and signatory of Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement. Hence, Taiwan recognizes the copyrights of all nationals from the WTO member countries. For countries which are not WTO member but have signed bilateral memorandum of understanding for copyright related arrangement, Taiwan also protect works of the nationals thereof.
How long does copyright protection last?
- Where author is individual: lifetime of the author plus 50 years
- Where author is legal entity: 50 years after publication of the work
- Where author is legal entity but the work is not published: 50 years after the work is completed
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