智慧財產相關案例分享
▲蘇狀師談娛樂法(藝人代言契約實務–藝人代言契約應注意事項)

Rights & Licenses 權利及授權 [Sender.Name] is requesting the exclusive right and license to utilize this name in connection with the advertisement, promotion, and sale of their product. This contract is an agreement for those rights and services with the following terms being in place. 被授權者(下稱甲)要求專屬權及被授權利用權利者(下稱乙)之姓名於廣告行銷與銷售產品。本契約係依根據下列條款所為係爭權利與服務之協議。 [Endorser.Name] will provide rights for [Sender.Company] to hold all exclusive rights and licenses needed during the term of [Agreement.Term]. including the ability for use of any nicknames, initials, autographs, photographs, or any other property in relation to the advertisement or sale of mentioned product. 在契約期間,乙將專屬授權與甲,包括有權去利用任何乙之別名、藝名、簽名,照片或其他任何與廣告行銷有關之財產或本契約提及之銷售產品。 Endorsement Agreement Effective Date 代言契約生效日 This agreement shall become effective as of signature dates below and will remain effective for a term of 12 months unless prematurely terminated for failure to comply with any of the terms or conditions listed in this agreement. 本契約於下簽名日時生效,並於簽名生效後12個月為契約期間,除非契約任一方有違約情事,於預先終止本契約,否則契約仍有效存續。 Payment of Royalties 給付權利金 [Sender.Company] agrees to pay all royalties due from sales of such products as agreed between parties.Any and all royalties owed will be due on a yearly basis and shall be payable no later than thirty (30) days after the termination of the preceding full calendar quarter. For each royalty period due [Sender.Comany] will provide endorser with written notice of all royalties as well as any and all descriptions of Products that were sold during the Royalty Period or whether any actual Royalty was owed. “Net Sales” shall mean [Sender.Company] gross sales of Product, excluding all customary discounts and allowances as well as returns. The receipt or acceptance by [Endorser.LegalName] for above mentioned statement or payment shall not prevent Endorser from challenging or requesting proof of such document findings. Any and all obligations for the payment of Royalties shall survive expiration or termination of this Agreement and will continue for as long as Endorsed Constructor continues to sell the Product or payment is owed. In the event of underpayment to endorser for any and all royalties, endorser will bill for all royalties as well as interest fees in relation for said royalties.

經營遊戲店被訴販賣盜版光碟,律師協助獲判無罪

委託人小如民國91年即於台北市開立一間精品店,其時常會有客人或朋友因遊戲主機方面發生一些問題時,會請小如代為修繕或加以測式之。然於民國93年年末時,突然被警方到店表示,該店有提供該店消費之客戶改遊戲機之防盜拷措施之服務,且同時亦於該店內扣押相關電腦主動、遊戲光碟片及空白光碟片等。此外就其所扣押之遊戲光碟片部份,亦被認為有仿冒當時市面上最夯的sony和微軟的Xbox之商標,進而將其相關商品加以出售獲利之情形存在,故檢警就上述之行為對小如提起公訴,認其違反著作權法第80之2條規定及刑法偽造私文書之相關規定........https://www.alicelaw.com.tw/cases_content.html?n=65

知名連鎖服飾遭同行提告違反商標法,律師協助協助獲不起訴處分

知名連鎖服飾遭同行假藉違反商標法提告,經律師協助迅速取回遭查扣數萬件服飾並獲不起訴處分。

▲蘇狀師談娛樂法(藝術工作者作品之轉讓及授權)

Assignments and Licensing Overview  As an artist, one of the best ways to make money is to license or assign your work. Although many people use the terms interchangeably, there is a tremendous difference between licensing and assigning your art. 身為藝人,其中一種最棒的賺錢途徑,即是將自己的作品授權或讓與他人。雖然很多人互換其契約條款,但是授權與讓與著作兩者是有很大之差異。 Assignments: An assignment is basically handing your art over -- for good. Assigning your art to someone else gives them full ownership of the art, to do with as they please. There are plenty of good reasons to do this, but if you're going to give your art away for good, you should pay very close attention to what you're actually giving away. Licenses: A license is more like renting your art out. It gives someone the rights to use your art for a limited time and for limited purposes while you, the artist, retain ultimate ownership of your art. Once the license expires, the licensee can no longer use your art. Unfortunately, many companies use terms like "exclusive licenses" for agreements that are actually assignments. Read the fine print carefully, and make sure you know exactly what you are, and aren't, giving away. Reversions A reversion is when something happens that causes the rights to your artwork to spring back to you. Knowing the difference between assignments and licenses, it should be apparent that most reversions should occur in licensing agreements. You grant a company a license to use your artwork for awhile, and then when some predetermined event or events happen, those rights terminate and flow back to you.

▲蘇狀師談娛樂法(名人授權)

CELEBRITY LICENSING 名人授權 In the licensing business, celebrity licensing refers to granting the right to a third party to use the name, image, brand, or likeness of a celebrity. By acquiring these rights under license, the third party can utilize them in the promotion or sale of their goods or services.  於授權實務,名人之授權指,授權第三人得利用其姓名、圖像、品牌或樣貌。藉由授權,第三人可於促銷或銷售其產品或服務下,利用上開標的。 A celebrity who licenses intellectual property (IP) related to their image, name, or likeness is allowing a third party (usually a group or business) to use those assets for the benefit of the third party’s business interests. In exchange for granting the licensing rights, the celebrity receives financial compensation, typically in the form of royalties. Depending upon the nature of the licensing contract, there may be limitations to what the third party can do with the intellectual property of the celebrity. They may only be able to utilize the property in certain markets, or for a specific period of time. In addition, there may be terms limiting the types of services or goods in connection with which the celebrity’s IP can be used. 名人授與有關其圖像、姓名、樣貌等智慧財產權與第三人時,該人可為其商業利益而利用之。名人可因上開權利之授與而取得酬償,通常以取得權利金方式作為授權之對價。基於授權契約之內容,對第三人得利用上開智慧財產權,得加以限制。諸如限制第三人只能在特定市場或特定期間利用上開智慧財產權。此外,還可限制上開智慧財產權只能用於某類型之服務或商品。 ※尊重著作權;違法利用,本人必究。