The Protection and Enforcement of Copyright－Focus on the “Commercial Scale” of TRIPs Agreement Article 61

• Main Authors: Wei-Tzu Chiang, 姜瑋茨
• Other Authors: Tingji Lin
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/85010438343263292091

碩士 === 逢甲大學 === 財經法律研究所 === 99 === The criminal procedure of copyright piracy is the obligation of TRIPs Agreement to every WTO Member and should be abided by, or it will be complained by other Members. However, the “commercial scale” in criminal procedure provision of TRIPs Agreement Article 61 is a concept including many uncertainties; its connotation and criterion affect the law interpreted by the WTO Members. The existing of this condition increasing the conflicts between Members, and arose the disputes within. Even more, it possibly affect civil liberties and daily life of citizens in the Member country. In order to prevent the same problems happened again and ensure the implementation of the obligations imposed by WTO will not affect the citizens easily, clarifying the meaning of “commercial scale” becoming a necessity to every Member of WTO. Therefore, this article want to discuss the problems has been faced by the Members when interpreting the international treaty to national law.