July 18, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office
Have you ever downloaded pirated software?
Did you know that this constitutes reproduction in violation of the Copyright Act?
According to Article 91 of the Copyright Act, anyone who infringes on another person's property rights in a work through unauthorized reproduction may face up to three years of imprisonment, or a fine of up to NT$750,000, or both.
In addition, there are also criminal liabilities!
Anyone who intentionally or negligently infringes upon another person's copyright or plate rights shall be liable for damages.
Recently, Largan Precision was found to have infringed upon MVTec’s patented software through unauthorized reproduction.
As a result, several R&D personnel were indicted by the District Prosecutors Office for violating the Copyright Act.
Many people might ask: if a company provides pirated software for employees to use, will the employees also bear legal liability?
I. Company Providing Employees with Pirated Software
When a company (or employer) provides pirated software for employees to use, both parties may bear legal responsibility.
In addition to the company’s responsible person (or employer) potentially being prosecuted, employees who use pirated software may also face criminal and civil liability depending on their actions.
- If an employee (the employed party) knowingly uses pirated software provided by the company (regardless of whether due to budget constraints or other reasons), they may be deemed an accomplice.
Both the employer and the employee would be violating the law.
Therefore, to protect their own rights, employees must promptly report and refuse to participate in illegal actions such as installing and using pirated software. - If an employee, without the company's knowledge, independently installs and uses pirated software, the employer may still be held jointly liable for failing to fulfill their management and supervision responsibilities, even if they were unaware of the misconduct.
II. Personal Use of Pirated Software
Is it illegal to download and use cracked (pirated) software on your own computer at home?
Freelancers and independent contractors must be especially cautious: downloading and using cracked software on your personal computer still constitutes copyright infringement and is illegal.
Once reported or discovered, you may be required to pay compensation that exceeds the cost of purchasing legitimate software, and you may also face detention penalties.
Trying to save a small amount of money could result in paying a much higher price — it’s simply not worth it!
We believe all smart individuals know the right choice to make~
※ Article 91 of the Copyright Act: Punishable by up to three years of imprisonment, detention, or a fine of up to NT$750,000, or both.
※ Article 88, Paragraph 1 of the Copyright Act: Anyone who intentionally or negligently infringes on another's property rights in a work or plate rights shall be liable for damages.
Goldkeen Trademark would like to remind everyone:
Pirated software might not cost you money upfront,
but if you get caught, the penalties could far exceed the cost of purchasing legitimate software — and you might even face criminal charges!
Therefore, please support genuine software!
Respect the intellectual property rights of others~
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