Local business operator imprisoned for copyright infringement

TSENG Chun-Lin, a Taiwanese designer who creates a well-known resort, the Monster Village (Chinese: 妖怪村) in Nantou County of Taiwan (“Tseng”), sued a man surnamed Lai for Lai’s infringement by reproducing without Tseng’s authorization a mask device mark “山大王” (the device is like a Beijing opera mask; hereinafter the “subject device”) Tseng authorized another man, surnamed Jian, to use, and using the subject device mark on the packaging box of his own store.  Taiwan Supreme Court affirmed Taiwan IP Court’s holding to the effect that Lai’s foregoing acts constitute the offense of reproducing without authorization with an intent to sell the reproduced items as defined in Taiwan Copyright Act and thus Lai violates the Act, and that Lai should be imprisoned for six months and the sentence may be commuted to a fine payment. 

According to the court judgment, in 2011, Tseng designed a mask device mark “山大王” for Jian, owner of a stuffed buns store (Chinese store name: 山大王包子簡) operated within the Monster Village resort and authorized Jian to use the subject device on his stuffed buns products.  The subject device has been successfully registered as a trademark at the Taiwan IPO.  Jian further entrusted Lai to make the stuffed buns products for him. 

Jian and Lai terminated their cooperation subsequently, and Lai started his own business of stuffed buns with both his store and factory located in Yunlin County.  Lai also sold his stuffed buns products online by establishing a virtual shop named “妖怪包工坊”, on which he sold his stuffed buns products under the a Chinese designation “妖怪包”.  However, it came to Tseng’s knowledge that the paper packaging box for Lai’s stuffed buns products bore a mask device extremely similar to the subject device, for which Tseng accused Lai of violating Copyright Act. 

Taiwan IP Court held that Lai has admitted the offense alleged against him and also has reached a settlement with Tseng.  Therefore, the IP Court sentenced Lai to six months in prison for Copyright Act violation, which may be commuted to a fine payment.  This judgment has become final after the appeal to the Supreme Court was dismissed.  (January 2016)
/CCS