智慧財產權與民法之關係之研究

Intellectual property rights are property
rights that are provided in patent law,
trademark law, copyright law and trade secret
law. Each intellectual property law has it’s own regulations concerning the prerequisites
of protection, the contents of rights, the
subject matters, the infringements and the
remedies. However intellectual property
rights are kinds of property rights that are
protected in civil law. Therefore, civil law is
applicable to the cases of intellectual
property rights as well, especially when the
provisions of intellectual right laws are
insufficient.
Intellectual property is intangible
property, which is different to tangible
property that is the subject matter of Civil
law. This difference should be carefully taken
into account while applying of civil law to
the cases of intellectual property.
This research will focus mainly on the
following issues:
1. The relationship of the protection of
moral rights in civil law and the IP law
2. The relationship of IP and torts,
unjustified enrichment
3. IP contracts and the liability arising
from warranty of title
4. The possibility of applying the
provisions of rights over property in
Civil Law to IP cases.