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Abstract
Copyright protection of intellectual property is the core of our legal system.Not only the social well-being and welfare, and the author intellectual property rights. Because our country’s protection of economic rights, often with criminal treatment.But this approach consumes a lot of social resources and cost, and it also conflict with the legislative purpose of copyright protection.Therefore, using criminal responsibility for copyright protection, whether with or without the necessity, is an important key to the focus of this thesis.
Since the amendment of the copyright law over the years, is to meet the international copyright conventions, especially the United States have the most significant impact of the Copyright Law, which trade agreements relating to intellectual property rights (TRIPs) and the U.S. Digital Millennium Copyright Act (DMCA) are most far-reaching. This thesis study and discuss the convention if there is doubt on our country on the international arena for application.Followed by a review of the penalty provisions of the Copyright law, and review the opinion of practical judgment. This discussion of copyright infringement is based on the penalty core. First, copyright infringement, whether or not need families to penalties? The general opinion of our legal system,under the responsibility of the severity, the heaviest is criminal responsibility, civil responsibility is the lightest, then the administrative responsibility is in the middle. Under our system of legal liability, copyright infringement behavior,its malignancy penalties necessity to reach families, has become the topic we have discussed. The author wish to conduct research on doubt, look forward to some suggestions for Taiwan’s Copyright Law.
Legislative policy from copyright point of view, the purpose of copyright is to protect the economic interests of copyright holder. Under this premise, effectively prevent copyright infringement of human behavior. In general, is the primary goal, whether the penalty should not be the main purpose.Effect of penalty is the only way to accomplish intimidation. Therefore, in line with banning, treatment effectiveness and the punishment of the convenience of legal proceedings, it is our legislative policy which pursue of the entire copyright law. With regard to validity, through administrative acts of the executive authorities, it is the best way to impose administrative penalties. As for the punishment of the perpetrator may be relief through administrative litigation. Therefore, with regard to copyright infringement, only subject to the effectiveness and convenience.There is no necessity to deal with heavy penalty. Finally, the thesis propose suggestions to Taiwan copyright system.
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