Are Technical Graphics Protected By The Copyright Act?

Under the Copyright Act, works are generally deemed protected when they embody both the expression of thoughts or emotions and a degree of originality. The threshold for originality under the Copyright Act is notably lower than that for inventions, utility models, or designs under the Patent Act, which further requires that a standard of novelty be met. Specifically, as established by the Supreme Court's Civil Judgment No. 97-Tai-Shang-Tzu-1214, a work protected under the Copyright Act does not need to be completely original. Rather, the Intellectual Property and Commercial Court's Civil Judgment No. 109-Min-Zhu-Su-Tzu-102 clarifies that Copyright Act protection applies to a work if, according to social norms, the work can be distinguished from pre-existing works to a degree that reflects the author's personality or uniqueness.