Intellectual Property Protection and Management of Cultural and Creative Products

• Main Authors: TSAI, YA-HSIN, 蔡亞昕
• Other Authors: YEN, CHIEN-CHENG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/m9t62d

碩士 === 銘傳大學 === 商品設計學系創新設計與管理碩士班 === 106 === 　　The global emphasis on culture and creation has brought policymaking to the attention of related industries in many countries. Combining local cultural and creative industries with international trading not only creates business opportunities and economic values but also facilitates cultural exchange between nations. The development of such industries involves concerns related to intellectual property (IP) rights. If creators have acquired intellectual property rights for their writings and patents and make effective use of protective measures, when their intellectual properties are plagiarized, they can file lawsuits or issue warnings to protect their rights and interests. This highlights the importance of intellectual property rights to cultural and creative creations. 　　In 2002, the Executive Yuan incorporated the “Cultural and Creative Industries Development Plan” into the “Challenge 2008: National Development Plan”. Taiwan’s cultural and creative industries began to receive increasing attention and gradually develop. However, although the concept of intellectual property rights have been promoted for many years, local cultural and creative businesses have a limited knowledge of intellectual property, do not know how to protect their own creativities, and even underestimate the importance of intellectual property rights to creators. Furthermore, few research materials and academic papers are available regarding integrating intellectual property rights into the overall process of cultural and creative products from research and development to market release. 　　This study was conducted through literature analyses and interviews with personnel of related businesses in domestic cultural and creative industries. The objective of this study was to explore current problems concerning intellectual property rights in Taiwan and the countermeasures adopted by the cultural and creative product industries; subsequently, the collected information was integrated into strategic plans for relevant enterprises to understand the importance of their intellectual property rights and how to protect their interests through the execution of such rights. Besides, this study also explored the intellectual property protection of indigenous people’s traditional creations, since they have their specific characteristics differing from general creations. 　　The results indicated that in general, some small- and medium-sized cultural and creative enterprises in Taiwan consider intellectual property rights dispensable. Due to markets changing rapidly, the enterprises instead sustain their innovation to maintain competitiveness. Moreover, lawsuits in Taiwan are expensive and time-consuming and do not ensure victory for the plaintiff; therefore, they tend to avoid applying for intellectual property rights or disputing them. Most enterprises apply for patents only for particular products. However, such enterprises have no knowledge about the methods of addressing follow-up disputes over intellectual property rights. Although large cultural and creative enterprises pay attention to intellectual property management, they still encounter substantial difficulty when faced with intellectual property infringement. Additionally, intellectual property management strategies that can serve as references for cultural and creative entrepreneurs were also proposed according to product development processes.