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CAN A PARTY CLAIM USUCAPION AGAINST THE ECONOMIC RIGHTS IN ANOTHER'S WORK?


Cathy C. W. Ting

With respect to whether a party can claim usucapion against the economic rights in another's work pursuant to the Civil Code, the Intellectual Property Office stated recently that, according to the Copyright Act, a "work" meant a creation in the literary, scientific, artistic or other academic field, and the author of a work enjoyed copyright upon completion of the work; therefore, if the content of a work was original, it would be protected under the Copyright Act upon completion of the work. According to the Civil Code, usucapion means the acquisition of right or title to another's object by means of possession of the object for a long time, which aims to protect the existing order of long-term possession, while the Copyright Act is enacted to protect the author's rights and interests in their works for the benefit of the society's common good and promotion of cultural development of the country. Therefore, usucapion under the Civil Code is not applicable mutatis mutandis to the economic rights in a work. The Intellectual Property Court also adopts this view in relevant judgments.

 
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