本 期 提 要 HEADLINES
Forces for Anti-Piracy Efforts
The Optical Media Joint Investigation Taskforce of the
MOEA will be attending a plaque opening ceremony at the Chunghe team of
the 2nd General Police Taskforce of the National Police Administration on
September 2, 2002. The
Vice-Minister of Economic Affairs, Mr. Chen Jui-jung, will be publicly
announcing the collaboration between the said Team and the Intellectual
Property Rights Protection Taskforce that was established on March 18 of
this year. It is hoped that
by combining personnel and resources stipulated by the Optical
Media Management Law, prosecution of illegal counterfeit optical media
manufacturers and inspection of optical media in general will become more
The Intellectual Property Offices of the MOEA indicated
that according to statistics released by the U.S. Customs in July 2002,
during the first half of the year the U.S. Customs had investigated 2,781
cases of suspected infringement of IP rights by imported goods, and value
of goods confiscated totaled US$26,640,000.
57 of these cases were Taiwanese products, representing 2% of total
number of cases (a fall from 3% previously), but representing 10% of total
value of goods confiscated (an increase from 4% previously).
This means that Taiwan now ranks 2nd, as opposed to 5th
previously, as largest manufacturer of counterfeit products.
The statistics show that the number of investigated cases involving
Taiwanese products has fallen slightly, but the value involved for each
case has risen. The greatest
number of counterpart products confiscated were optical media products,
representing 79% of counterfeit products (from Taiwan) confiscated.
Taiwan has requested the U.S. authorities to provide information
concerning the exporters and manufacturers whose products were
confiscated, as well as relevant importation documentation, so that
Taiwanese customs and judicial authorities may actively pursue these
violators. The Ministry of Interior Affairs has also decided to combine
the relevant personnel and resources, so as to more effectively combat
against counterfeiting of optical media products.
order to strengthen protection for intellectual property rights, the
Executive Yuan had designated the year 2002 as the “Protection of
Intellectual Property Right Action Year”, which aims to increase
prosecution of counterfeiting, education of the public, and organize
related training and seminars by uniting efforts of the relevant
departments. The prosecution
statistics recently released by the U.S. Customs may affect future
discussions between Taiwan and the U.S., as Taiwan’s ranking in these
statistics has climbed; nonetheless, we believe that improvements will
soon be seen through thorough enforcement of the Optical
Media Management Law, active investigation efforts of the judicial and
police departments, and strict inspections carried out by the customs
Results of Optical Media Joint Investigation
In order to ensure effective regulation of optical media
products, the MOEA has instructed the Industrial Development Bureau, the
Board of Foreign Trade, the Bureau of Standards, Metrology and Inspection
(BSMI), the Intellectual Property Office and the Anti-Counterfeiting
Taskforce to form an “Optical Media Joint Investigation Taskforce”,
pursuant to the Enforcement
Guidelines for Optical Media Management Matters & Investigation
Procedures. The Taskforce
would carry out inspections of optical media manufacturers.
Since commencement of the inspections on January 15, 2002 and up to
the end of August 2002, the Taskforce has completed inspection and
education of all legitimate optical media manufacturers.
During this period the Taskforce had conducted 113 routine
inspections and 5 random inspections on manufacturers, and by cooperation
between police and prosecutorial departments the Taskforce had discovered
6 major instances of optical media piracy.
4 of these cases have already been subject to sanctions issued by
the Ministry, the facts of violation of the relevant regulations having
been clearly established. Once
again the Government confirms its determination to combat against
illegality, and to consolidate its intention of “protecting legal
businesses, prosecuting illegal businesses”.
by Anti-Counterfeiting Committee in 1st Quarter of 2002
to statistics released by the Anti-Counterfeiting Committee (ACC) of the
Ministry of Economic Affairs, during the period from January to March
2002, the ACC investigated 75 cases of suspected counterfeiting (being 23
in January, 24 in February, and 28 in March) and 53 complaint cases (8 in
January, 16 in February, and 29 in March).
this period, the ACC approved a total of 398 applications by police and
investigators for rewards for anti-counterfeiting efforts, totaling
NT$2,135,709 (the value of counterfeit products seized is estimated at
NT$80,533,192). The details
are as follows:
January: There were
134 reward applications, totaling NT$699,920, which included 13 trademark,
1 patent, and 120 copyright cases, with total estimated value of seized
counterfeit products being NT$42,480,815;
February: There were
104 reward applications, totaling NT$888,666, which included 14 trademark,
1 patent, and 89 copyright cases, with total estimated value of seized
counterfeit products being NT$15,496,541;
March: There were 160
reward applications, totaling NT$547,123, which included 4 trademark and
156 copyright cases, with total estimated value of seized counterfeit
products being NT$22,555,836.
Protection Work by NPA in 1st Quarter of 2002
According to statistics released by the National Police
Administration (NPA) of the Ministry of Interior, during the period from
January to March 2002 the NPA had handled a total of 1,371 cases of
alleged infringement of IPR (1,600 defendants).
This consists of 190 cases of alleged trademark infringement
involving 242 defendants (being 47 cases with 61 defendants in January, 62
cases with 84 defendants in February, and 81 cases with 97 defendants in
March), 39 cases of patent infringement involving 50 defendants (being 19
cases with 23 defendants in January, 6 cases with 6 defendants in
February, and 14 cases with 21 defendants in March), and 1,142 cases of
copyright infringement involving 1,308 defendants (being 403 cases with
448 defendants in January, 280 cases with 326 defendants in February, and
459 cases with 534 defendants in March).
this period, 165 cases with 196 defendants involved infringement of
foreign-owned copyright (being 54 cases with 61 defendants in January, 39
cases with 54 defendants in February, and 72 cases with 81 defendants in
March). Amongst these, 154
cases with 184 defendants involved infringement of U.S.–owned copyright
(being 54 cases with 61 defendants in January, 37 cases with 51 defendants
in February, and 63 cases with 72 defendants in March).
total market value of counterfeit products seized during this period is
NT$3,495,848,699 (consisting of NT$974,910,788 in January, NT$896,115,777
in February, and NT$1,624,822,134 in March).
Persons Sentenced to 1+ Years Imprisonment in Affirmed IPR Cases in 1st
to statistics released by the Ministry of Justice, during the period from
January to March 2002 there were 652 defendants in affirmed cases of
copyright, trademark or patent infringement heard by R.O.C. courts (263
defendants in January, 151 in February, and 238 in March).
Amongst these, 406 were convicted and sentenced to imprisonment,
detention or fines (being 163 defendants in January, 86 in February, and
157 in March).
the convictions, 251 defendants were sentenced to 6 months or less, being
101 in January (including 9 in U.S.-related cases), 55 in February
(including 7 in U.S.-related cases), and 95 in March (including 10 in
U.S.-related cases). 33
defendants were sentenced to between 6 and 12 months, being 14 in January
(including 1 U.S.-related case), 4 in February (including 1 U.S.-related
case), and 15 in March (including 7 U.S.-related cases).
69 defendants were sentenced to 1 year or more but less than 2
years, being 24 in January (including 3 U.S.-related cases), 18 in
February (including 2 U.S.-related cases), and 27 in March.
7 defendants were sentenced to 2 years or more but less than 3
years, being 4 in January and 3 in March (including 1 U.S.-related case).
1 defendant was sentenced to 3 years or more but less than 5 years.
32 defendants were sentenced to detention, being 15 in January
(including 1 U.S.-related case), 7 in February (including 2 U.S.-related
cases), and 10 in March (including 1 U.S.-related case).
Japanese and European Patent Applications & Approvals for Taiwanese
to information provided by official websites and gazettes of U.S.,
Japanese and European patent authorities, the IPO indicates that during
the year 2001 there were a total of 12,403 patent applications filed by
Taiwanese persons with the U.S. Patent & Trademark Office,
representing an increase of 19.49% from the previous year, and ranking 3rd
amongst all foreign applicants for U.S. patents.
A total of 2,900 patent applications were filed with the Japanese
authorities, representing an increase of 19.59% from the previous year,
and ranking 6th amongst all foreign applicants for Japanese patents.
A total of 300 patent applications with the European Patent Office,
representing an increase of 29.87% from the previous year; as this number
is relatively low, Taiwanese applications have not been ranked by the
European Patent Office.
the last 3 years most of the foreign patent applications filed by
Taiwanese persons have been in the U.S., averaging 11,392 per year.
This number of applications ranks 3rd or 4th amongst all foreign
applications in the U.S. and is most outstanding.
The number of patent applications filed with the Japanese
authorities averages 2,411 per year and shows a rising trend, ranking 5th
or 6th amongst all foreign applications in Japan.
Although the number filed in Europe is relatively low, there is
also an upward trend.
IPO further indicated that during the year 2001, a total of 6,766 patent
approvals were received by Taiwanese persons from the U.S. Patent &
Trademark Office, representing an increase of 21.30% from the previous
year, and ranking 3rd amongst all foreign approvals received for U.S.
patents. A total of 1,637
patent approvals were received from the Japanese authorities, representing
an increase of 20.19% from the previous year, and ranking 3rd amongst all
foreign approvals received for Japanese patents.
A total of 32 patent approvals were received from the European
Patent Office, representing an enormous increase of 68.42% from the
previous year; as this number is relatively low compared to other
countries, approvals received by Taiwanese persons have not been ranked by
the European Patent Office.
the last 3 years a relatively high number of patent applications filed by
Taiwanese persons in the U.S. have been approved, averaging 5,483 per
year. This number of
applications ranks amongst the top 3 amongst all patent approvals received
by foreign persons in the U.S. and is most outstanding.
The number of patent approvals received from the Japanese
authorities averages 1,636 per year and shows a rising trend, also ranking
3rd or 4th amongst all patent approvals received by foreign persons in
Japan. The number or patent approvals received from the European
Patent Office is relatively low, averaging 33 per year.
The IPO has compiled information related to patent applications filed by Taiwanese persons in the U.S., Japan and Europe during the past 3 years, as well as patent approvals received, in the following table:
Table of Patent Applications by Taiwanese
Persons in U.S., Japan and Europe
Table of Patent Approvals Received by Taiwanese
Persons in U.S., Japan and Europe
Note: As the numbers of patent applications filed and patent approvals by Taiwanese persons with the European Patent Office were relatively few, no ranking is provided.