A Study on Copyright Registration system

• Main Authors: FAN, WEN-HAO, 范文豪
• Other Authors: YEH, TE-HUI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/69439593569626364494

碩士 === 逢甲大學 === 財經法律研究所 === 105 === Registration that is not a legal requirement of copyright is due to the principle of creation protection. However, the registration is a system of publicizing the principle of publicity and the principle of public trust. Thus, many countries in the world have adopted a registration system that can be prima facie evidence or against a third party to protect rights holders and security of transactions. Prior to 1985, the copyright law was adopted registration protectionism. Registration system was retained even if copyright law has adopted creation protectionism since 1985, but it has no legal benefits. Our country abolished the copyright registration system in 1992, at present only have the pledge registration on the Article 23 of the law for the Development of the Cultural and Creative Industries. Because the object of its application is too limited, in fact, the pledge registration doesn't bear practical use. In recent years, there has been an appeal to return to copyright registration, but the administrative agency (ie, the Intellectual Property Office) has given up the idea of returning copyright registration because of many oppositions. The reasons for opposing the registration system include the implementation of creation protectionism and the high cost of registration. In China, Japan and the United States, copyright registration is a system for years, and accumulated a lot of practical experience, worthy of our reference. In addition, scholars also have research on supporting for copyright registration. That research attempt to discuss that the necessity and legal effect of copyright registration in our country by referencing foreign legal system and scholars' opinions. Copyright registration is necessary in our country from the viewpoint of protecting the security of transactions and a third party's interest. The question is how the legal effect of registered copyright should be given after registration, which is the key to the dispute. That research suggests that the registration certificate of copyright shall be prima facie evidence in order to avoid to distort the purpose of creation protectionism.