Under Article 37, Paragraph 1 of the Copyright Law, a copyright holder may license others to exploit the work, and the territory, term, content, method of exploitation, and other particulars of the license shall be as stipulated by the parties. Particulars not clearly covered by such stipulations shall be presumed to have not been licensed.
Pursuant to the above-mentioned requirement, the Intellectual Property Office of the Ministry of Economic Affairs issued the Email-1030822 Circular of August 22, 2014 to communicate that "computer drawing software" should be computer program works under the Copyright Law and copyrighted. A user should use such computer program within the scope of a license granted by the copyright holder. Legal reproductions of computer software currently sold in the market are usually categorized by the copyright holder as personal, educational, business or evaluation versions to address different licensing needs in the market. Users should use the software according to the licensing type (the scope of license, which includes the territories, timing, contents, nature, and methods of use or other matters). Under the Copyright Law, it should be presumed that particulars not clearly stipulated under a license are not licensed by the copyright holder.
Therefore, it was pointed out in the circular that if a company resells the original drawing software purchased from a distributor of such software to another company, if the license for the drawing software does not indicate that the licensed buyer may resell the software, such software buyer shall not resell the software to another party. Otherwise, this may constitute copyright infringement upon another person's computer programs and incur civil and criminal liabilities.