Annotated Leading Copyright Cases in Major Asian Jurisdictions

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City University of HK Press, 2019年7月17日 - 564 頁

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.

 

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through Command by Its User in Japan
26
of Internet Intermediaries in Singapore
39
on YouTube Does Not Communicate Works to the Public
54
Quick Media Beijing IP Court No 2016 Jing73Min
60
of Internet Intermediaries for ThirdParty Content Means
67
Zon143 October 21 2016
74
Intermediary for Indirect Copyright Infringement
82
eBay Inc v MercExchange LLC 547 U S 388 2006
94
Defense in Korea
285
in Japan
296
Is Considered Fair Use in Taiwan
306
to Avail in Malaysia
320
in a New Clock Did Not Infringe the Copyright
332
Works Fixed in Digital Media Purchased Outside India
343
CSOS 16822006 April 13 2009
351
in the Philippines
357

Standing to Bring Lawsuit in Its Own Name
98
of China 2016 Su05 Civil Final No 673 Suzhou Intermediate 102
102
of Copyrights under Korean Law
111
Korean Supreme Court 91Da1208 August 13 1991
118
Organizations the Taiwan Intellectual Property Office
123
Found to Be Private Monopolization in Japan
136
Where the Extent is Significant or Where a Commercial
154
and Domestic Use in Malaysia
171
Enforcement in India
184
Services in Korea
198
for Copyright Infringement through Release
212
PeertoPeer Service Constitutes a Crime of Copyright
227
as Fair Use in China
244
under PRC Copyright Law
257
Navigating Unchartered Waters in Singapore
269
No 17576970 January 19 2009 366 367
366
Conferring Its Producer
371
and Unfair Competition Law in Taiwan?
386
for Baby Chair in Japan
400
The Continuing Confusion on CopyrightDesign Overlap
415
Not a Copyright
427
Competition Law Rather Than Copyright Law
438
and Annexation over Copyright Claims
452
Copyright Infringement Disputes in China
466
under the Berne Convention and the Korean
481
for Determining Applicable Law for Copyright Cases
494
Appendix Certainty and Uncertainty of CrossBorder
520
Index
535
List of Cases and Decisions
543
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關於作者 (2019)

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.



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