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LAW AND INTELLECTUAL PROPERTY
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COPYRIGHT ACT OF TAIWAN

Work that may be Registered
In terms of Copyright Act of Taiwan, there are 10 categories of work that can be registered, which includes oral and literary works, musical works, dramatic and choreographic works, Artistic works, photographic works, Pictorial and graphical works, audiovisual works, sound recordings, architectural works, and computer programs.
Copyrights come into existence as soon as a work is completed, with no special procedures or registration required.

Burden of Proof
Since the creator of a work enjoys copyrights as soon as he or she has completed the work, therefore the registration is not required. And due to afore mentioned, we can deduct that copyrights are private rights therefore the owner shall bear the burden of proof on the existence of his/her rights.

Protection
With reference to WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (known as TRIP’s), the member countries are obliged to protect works if the nationals of other members. Furthermore, those countries that are not members of WTO, in order for their copyrights to be protected in Taiwan, there must be a reciprocal copyright arrangement between the countries.
Remedies for Copyright Infringement
Copyright infringement occurs when a person uses or reproduces the copyright work without authorizations of the copyright owner. In the event of being infringed, the owner of copyright may demand the infringer to stop infringing the work via sending a cease and desist letter or bring the following legal actions against the infringer:
Civil Procedures:

1. When the injured party is unable to prove damages, it may base the damages on the difference between the amount of expected benefit from the exercise of such rights under normal circumstances and the amount of benefit from the exercise of the same rights after the infringement.
2. Based on the amount of benefit obtained by the infringer on account of the infringing activity; provided, where the infringer is unable to establish costs or necessary expenses of the infringing act or articles, the total revenue derived from the infringement shall be deemed to be its benefit.

Criminal Procedures:

In principle, copyright infringement is chargeable only upon a complaint, so that the prosecution authority will not investigate the infringement matters without filing a complaint. However, it is an exception for the person who infringes on the economic rights of another person by means of reproducing the work without authorization. Any person who has above infringements shall be punished by the imprisonment not more than seven years in addition thereto a fine not more than  five million dollars New Taiwan Dollars.