Droit moral in selected legal systems of Asia, by example of the right to authorship of a work – where are we coming from, and where are we going?
Droit moral in selected legal systems of Asia, by example of the right to authorship of a work – where are we coming from, and where are we going?

Summary/Abstract: It is important to note that the internalisation of trade and the globalisation of law and economies have become issues largely due to technological and economic convergence throughout the Asian countries. However, even though it has been widely recognised that intellectual protection systems serve as a catalyst for development in knowledge-based societies, it has been often stated that Asian countries fall behind in enforcement against IP piracy by the local authorities. To date, the lack of adequate and effective protection has been noted on economic grounds, using widespread copyright piracy as the main example of Asian countries not implementing strong protection. However, the fact that copyright comprises not only pecuniary rights but also moral rights has generally been neglected. This paper provides an analysis of regulations on moral rights in Asia, using the example of the right of attribution. This analysis will shed light on questions such as whether ambiguous legal concepts and regulations should be perceived as a smattering of laws with their roots in the colonial experience, or as the beginning of a new copyright apprehension era? For this purpose, the regulations of following countries were examined: Thailand, Malaysia, Indonesia, Singapore, the Philippines, Vietnam, India, Taiwan, Hong Kong and Japan.

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