課程資訊
課程名稱
可刑罰性專題研究三
Seminal on Criminal Culpability (Ⅲ) 
開課學期
101-1 
授課對象
法律學院  法律研究所  
授課教師
黃榮堅 
課號
LAW7237 
課程識別碼
A21 M6870 
班次
 
學分
全/半年
半年 
必/選修
選修 
上課時間
星期四7,8(14:20~16:20) 
上課地點
 
備註
教室為法研4。
限碩士班以上 且 限法律學院學生(含輔系、雙修生)
總人數上限:6人 
Ceiba 課程網頁
http://ceiba.ntu.edu.tw/1011ssc_3 
課程簡介影片
 
核心能力關聯
核心能力與課程規劃關聯圖
課程大綱
為確保您我的權利,請尊重智慧財產權及不得非法影印
課程概述

Graduate Institute of Law- Fall 2010
Subject: Seminar on Criminal Culpability
Instructor: Professor Huang, Jung-Chien

Syllabus

Topic: The research on the criminal inculpation of intellectual property infringements.

The statutes which protect the intellectual properties, particularly the copyrights, are the most frequently revised laws in our legal system. Among those statues, some are “unique in the whole world,” which has been celebrated as an honor by some. Some, such as those penalizing the limited reproduction for the individual use, are constantly under revision. These statutes have thus intensively regulated various types of acts by comprehending all kinds of behaviors and designing intricate elements. The regulation is so intensive to the extent that each statute seems to target at one single behavior. Such a swift and weird law-making is quite rare in the legal history, from which we could see the contradictions between the legal scholarship and the practical needs. This course is going to examine the relevant legislations and cases, so that we could have the chance to study the questions relating to the criminal inculpation of intellectual property infringements, to clarify and fundamental conceptual questions, to questions the legitimacy of the relevant legislations, and to explore the interpretative issues. Because this topic could touch every aspect of criminal law, it has been chosen as a research topic for the course this fall.

1. The conceptual history of the intellectual property;
2. The conceptual scope of the intellectual property and the goal of this concept;
3. The concept of “culture”;
4. The concept of property interests in criminal law;
5. The legal interests protected by the statutes punishing patent infringements and copyright infringements;
6. The decriminalization of patent infringements (§11-2)
7. The concept of the property and the calculation of damages ( and its relation to the sentencing);
8. The meaning of punitive damages and its distinction from the criminal punishment;
9. The decriminalization (2003) and criminalization (2004) of reproduction of copyrighted materials for the individual use;
10. Case studies of ezPeer and Kuro;
11. The study of the Foxy Case (Banchiao 98 Chung-I 4)and Copyright law §87I⑦, II;
12. The relation between the civil immunities (Copyright Law Chapter 6-1) and criminal immunities for the ISP provider;
13. The punishment for circumventing the anti-reproduction measures (Copyright Law §80-2II).

II. Evaluation
Students’ evaluation will depend on (oral and written) papers presented by students and (80%) and their class participations and discussions (20%).

III. Credit Requirements
This course will satisfy the credit requirements of the Division of Criminal Law, Civil Law and Fundamental Legal Study.
 

課程目標
Topic: The research on the criminal inculpation of intellectual property infringements.

The statutes which protect the intellectual properties, particularly the copyrights, are the most frequently revised laws in our legal system. Among those statues, some are “unique in the whole world,” which has been celebrated as an honor by some. Some, such as those penalizing the limited reproduction for the individual use, are constantly under revision. These statutes have thus intensively regulated various types of acts by comprehending all kinds of behaviors and designing intricate elements. The regulation is so intensive to the extent that each statute seems to target at one single behavior. Such a swift and weird law-making is quite rare in the legal history, from which we could see the contradictions between the legal scholarship and the practical needs. This course is going to examine the relevant legislations and cases, so that we could have the chance to study the questions relating to the criminal inculpation of intellectual property infringements, to clarify and fundamental conceptual questions, to questions the legitimacy of the relevant legislations, and to explore the interpretative issues. Because this topic could touch every aspect of criminal law, it has been chosen as a research topic for the course this fall.
 
課程要求
Evaluation
Students’ evaluation will depend on (oral and written) papers presented by students and (80%) and their class participations and discussions (20%).

Credit Requirements
This course will satisfy the credit requirements of the Division of Criminal Law, Civil Law and Fundamental Legal Study. 
預期每週課後學習時數
 
Office Hours
 
參考書目
 
指定閱讀
 
評量方式
(僅供參考)
   
課程進度
週次
日期
單元主題