• Annotated leading copyright cases in major Asian jurisdictions
  • 點閱:22
  • 作者: Kung-Chung Liu
  • 出版社:City University of Hong Kong Press
  • 出版年:2019
  • 集叢名:ARCIALA Asian IP law series
  • ISBN:9789629373801
  • 格式:PDF,JPG
  • 附註:Includes index
租期14天 今日租書可閱讀至2021-11-11

In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it.
Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.

Kung-Chung Liu is the Lee Kong Chian Professor of Law (Practice), founder and director of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University. He is also co-appointed by Renmin University of China and Graduate Institute of Technology, Innovation, and Intellectual Property Management, National Chengchi University, Taiwan. Dr. Liu studied law at National Taiwan University and Ludwig-Maximillian-Universität Munich, Germany, and his teaching and research interests include intellectual property law, antitrust and unfair competition law, and communication law.

  • Chapter 1 Introduction — Copyright Laws and Cases in Major Asian Jurisdictions Kung-Chung Liu(第1頁)
  • Chapter 2 Digital Copyright(第25頁)
    • 2.1 Internet Intermediary Held Liable for Reproduction through Command by Its User in Japan Masabumi Suzuki(第26頁)
    • 2.2 Who “Makes” the Copy? Copyright Infringement of Internet Intermediaries in Singapore Susanna H. S. Leong(第39頁)
    • 2.3 Providing Hyperlinks to Watch Illegal Videos on YouTube Does Not Communicate Works to the Public in Taiwan Szu-Ting Chen(第54頁)
    • 2.4 Actual Knowledge for Secondary Liability of Internet Intermediaries for Third-Party Content Means Knowledge of Unlawful Content Based on a Court Order according to the Indian Information Technology Act Raman Mittal(第67頁)
    • 2.5 Injunctive Relief Granted Against a Peer-to-Peer Intermediary for Indirect Copyright Infringement in Korea Byungil Kim and Chang-Hwa Kim(第82頁)
  • Chapter 3 Collective Copyright(第97頁)
    • 3.1 Music Copyright Society of China Has Legal Right and Standing to Bring Lawsuit in Its Own Name Yahong Li(第98頁)
    • 3.2 Termination of Copyright Trust and the Return of Copyrights under Korean Law Won Bok Lee(第111頁)
    • 3.3 Royalty Setting Disputes between Collective Management Organizations, the Taiwan Intellectual Property Office, and Cable TV Operators Kung-Chung Liu(第123頁)
    • 3.4 Blanket Licenses of Music Copyrights for Broadcasting Found to Be Private Monopolization in Japan Kazuhiro Ando(第136頁)
  • Chapter 4 Criminal Copyright(第153頁)
    • 4.1 The Criminal Offense of Willful Copyright Infringement Where the Extent is Significant or Where a Commercial Advantage Is Obtained Ng-Loy Wee Loon(第154頁)
    • 4.2 The Crime of Possessing Infringing Copies Not for Private and Domestic Use in Malaysia Ainee Adam(第171頁)
    • 4.3 Preventive Detention and Criminal Copyright Enforcement in India Arpan Banerjee(第184頁)
    • 4.4 Criminal Sanctions against Peer-to-Peer File Sharing Services in Korea Sang Jo Jong(第198頁)
    • 4.5 Requirements for Criminal Accessoryship Liability for Copyright Infringement through Release of a File-sharing Software Program in Japan Takeshi Maeda(第212頁)
    • 4.6 Distribution of Copyrighted Works by Framed Links and Peer-to-Peer Service Constitutes a Crime of Copyright Infringement under Chinese Criminal Law Guobin Cui(第227頁)
  • Chapter 5 Limits to Copyright Protection(第243頁)
    • 5.1 The Google Book Search Project Could Have Qualified as Fair Use in China Sampsung Xiaoxiang Shi and Qian Wang(第244頁)
    • 5.2 Requirements for Recognizing a New Type of Fair Use under PRC Copyright Law Haochen Sun and Jonny Xuyang Han(第257頁)
    • 5.3 Fair Dealing in the Digital World: Navigating Unchartered Waters in Singapore Stanley Tze Chang Lai(第269頁)
    • 5.4 User-Generated Contents by Quotation and Fair Use Defense in Korea Byungil Kim(第285頁)
    • 5.5 Flexible Interpretation of the Provision of Quotation in Japan Tatsuhiro Ueno(第296頁)
    • 5.6 Making a Database Based on the Compilations of Others Is Considered Fair Use in Taiwan Jyh-An Lee(第306頁)
    • 5.7 The Defense of the Use for Judicial Proceedings Is Hard to Avail in Malaysia Sik Cheng Peng(第320頁)
    • 5.8 Transfer of Secondhand Firmware Installed in a New Clock Did Not Infringe the Copyright of the Firmware in Taiwan Kung-Chung Liu(第332頁)
    • 5.9 Exhaustion Doctrine Does Not Apply to Cinematographic Works Fixed in Digital Media Purchased Outside India and then Rented within India through the Internet Shubha Ghosh(第343頁)
    • 5.10 “Must-Carry” Rule as a Valid Limitation of Copyright in the Philippines Alex Ferdinand S. Fider(第357頁)
    • 5.11 Indian Solution to the Anti-Commons Problem in a Sound Recording: Conferring Its Producer the Independent Right to Communicate Works to the Public Shyamkrishna Balganesh(第371頁)
  • Chapter 6 The Relationship between Copyright and Other Forms of Protection(第385頁)
    • 6.1 Overlapping Protection between Copyright, Trademark, and Unfair Competition Law in Taiwan? Hao-Yun Chen(第386頁)
    • 6.2 Copyrightability of Applied Arts Recognized Once for Baby Chair in Japan Yoshiyuki Tamura(第400頁)
    • 6.3 When Copyright in the “Design” is Extinguished: The Continuing Confusion on Copyright-Design Overlap in India Prashant Reddy Thikkavarapu(第415頁)
    • 6.4 Utility Models: The Proper Subject of a Patent, Not a Copyright Alex Ferdinand S. Fider(第427頁)
    • 6.5 Protection of Work Titles in China Through Unfair Competition Law Rather Than Copyright Law Chen Li(第438頁)
  • Chapter 7 Jurisdiction and Applicable Laws for Copyright Litigation(第451頁)
    • 7.1 International Jurisdiction of Tort, Property Location, and Annexation over Copyright Claims Yasuto Komada(第452頁)
    • 7.2 Jurisdiction and Applicable Law in Transnational Copyright Infringement Disputes in China Yanbing Li(第466頁)
    • 7.3 Law Applicable to Infringement of Foreign Copyright under the Berne Convention and the Korean Act on Private International Law Kwang Hyun Suk(第481頁)
    • 7.4 Independent Protection and Territoriality as Principles for Determining Applicable Law for Copyright Cases in Taiwan? Kung-Chung Liu(第494頁)
    • 7.5 Limiting the Application Extent of Section 62(2) of the Indian Copyright Act in Deciding Jurisdiction Gargi Chakrabarti and Sahil Dama(第505頁)
  • Appendix Certainty and Uncertainty of Cross-Border Copyright Infringement Litigation in Singapore Tiong Min Yeo(第519頁)
  • Index(第535頁)
  • List of Cases and Decisions(第543頁)
紙本書 NT$ 1890
NT$ 1323

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