The Practice of Article 13 of the TRIPS Agreement in Taiwan and China

• Main Authors: Li Mao Wei, 李茂瑋
• Other Authors: Shen Zong Lun
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/23178249186693822292

碩士 === 國立中正大學 === 財經法律學研究所 === 99 === The excpetions of the copyright, inclusive of fair use doctrine, have been playing a siginificant role in the defences against copyright infringement. On the one hand, the overemphasis on aforesaid exceptions would have the negative impacts upon the incentives of the creators dedicated to cultural developments and scientific activities. On the other hand, most creations are often developed on the basis of improvement and derivation from the current arts. Therefore, the overprotection of the copyright will in fact hinder the progress of science and culture. Taiwan and China are both members of the WTO, being meanwhile obliged to comply with the TRIPS Agreement under WTO. Article 13 of the TRIPS Agreement established the "three-step test" to evaluate the legitimacy of exceptions and limitations on copyright. Taiwan and China copyright laws must comply with the three-step test. Moreover, with the harmonization of international copyright law, the regional integration is a necessary trend. The principles of fair use in Taiwan and China have to integrate in the future.