The Discs Whose Content Is Detrimental to Good Morals Will Not Be Protected by the Patent Law.

During last February, a certain company purchased the porno discs from a Japanese manufacturer of original discs, and obtained the copyright of those discs and the relevant rights of sales and issuance in Taiwan. Those discs, however, were displayed in public for sale by another. Thus, this company filed a complaint against the infringer’s copyright right infringement and for its violation of the Copyright Law.

 

The said company claimed that they owned the copyright of this batch of discs by submitting to the prosecutor the “letter of authorization” and “certificate of origin” issued by Taipei Economic and Cultural Representative Office in Japan and the examination certificate of video program granted by Government Information Office, Executive Yuan in Taiwan.

 

In accordance with the judgment rendered by the Supreme Court in 1999, the object protected by the Copyright Law must be in compliance with the applicable laws and public order and good morals. If the content of discs is detrimental to public order or good morals, such discs will not be protected by the Copyright Law. The prosecutor indicated that the content of this batch of discs evidently was detrimental to public order and good morals according to social common ideas. Though certificate was granted by Government Information Office, such discs will not be protected by the Copyright Law. In this regard, the decision of non-indictment was given against the infringer. (2004.01)

CYJ/CCS