According to Articles 3(1)(1) and 5(1)(1) of the Copyright Act, "works" encompass literary, scientific, artistic or other academic creations, including language works.  However, not all writing content is protected under the Copyright Act.  To claim copyright protection, the content must demonstrate originality, meaning it must reflect the author's creative expression or unique character.

 

In its Criminal Judgment No.: 113-Xing-Zhi-Shang-Yi-113, the Intellectual Property and Commercial Court ("IPCC") expressed its opinion that, if the main content of advertising copy ("ad copy") focuses on the "proper use" and "precaution" of the product, such as the detailed instructions for "dry cleaning," "dosage," "massage," etc., and how to store the product, the content of the ad copy is similar to that of a brochure, which is designed to inform consumers about the product and generate their interest.  The IPCC further expressed its opinion that, "In the eyes of the general public, such expressions of the characteristics, uses or preservation methods of the products in accordance with the original trade descriptions and the outer box of the products are extremely limited."  The IPCC thus ruled that the expression of the ad copy hardly conformed to the creativity defined by the Copyright Act and thus should not be protected by the Copyright Act.

 

Today, it is common for copywriters to create ad copy based on information from official website pages, product introductions, and their own experience and observations, along with a logical arrangement of the content.  However, can such ad copy be considered as an appropriate expression of the creativity and ingenuity of the creator? Can it be protected by the Copyright Law? This shall be determined based on the type of merchandise, with different considerations required for each case.