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| 十卷十六期 91年8月31日 |
本 期 提 要 HEADLINES |
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1.
我將採取統合相關人員與資源之合署辦公措施，以更有效查緝防堵盜版光碟 經濟部智慧財產局表示，緣根據美國財政部海關本（2002）年七月公布之當年會計年度上半年緝獲仿冒進口商品統計資料披露，美國海關於是項期間查扣進口貨品涉嫌侵害智慧財產權案共二、七八一件，查扣總金額約達二千六百六十四萬美元；其中我國產品被查扣五十七件，佔總查扣案件數之比例由百分之三略降為百分之二，而被查扣之貨品金額佔總查扣金額之比例則由百分之四跳升為百分之十，排名自第五名上升至第二名。前揭資料顯示，我被美方查扣案件數之比例已有稍減，惟被查獲之個案平均金額則有增加，其中被查扣貨品排名第一為光學媒體，佔我被查扣金額七十九%之比例。 有鑒於此，我國除已洽請美方提供我國被查扣貨品之出口商、製造商及相關進口文件資料，俾憑轉請我海關及司法單位能積極追蹤處理外，並決定採取前揭統合相關人員與資源之合署辦公措施，以更有效打擊光碟仿冒之不法行為。 行政院為加強保護智慧財產權，特別將今年訂為「推動保護智慧財產權行動年」，結合相關部會力量，共同由強力查緝仿冒盜版、加強宣導及辦理研討訓練等方面積極推動執行；本次美方海關所公布之緝獲仿冒進口商品統計資料，雖然我國排名上升一事，恐怕會對未來中美諮商有所影響，但我方相信，透過「光碟管理條例」的徹底執行、司法警察機關積極查緝盜版仿冒及海關的嚴格把關，未來應該會有明顯的進步。
Joint
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
effective. 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. Accordingly
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. In
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
authorities. 2.
光碟聯合查核小組執行成果 經濟部為有效執行光碟之管理工作，依據「光碟管理業務及查核作業實施要點」，指派該部工業局、國際貿易局、標準檢驗局、智慧財產局及查禁仿冒商品小組等組成「光碟聯合查核小組」，執行光碟製造場所之查核作業。該小組自本(九十一)年一月十五日發動查核作業至本年八月底止，已完成所有合法光碟廠全面性之查核及宣導。這段期間除執行例行性查核一一三家次光碟工廠，不預警查核五家次外，並配合檢警單位查緝行動查獲六件光碟重大盜版案件，其中四件因違反光碟管理條例事證確鑿，該部已依相關規定開立處分書。經濟部再度重申政府打擊不法的企圖與決心，及落實「保障合法、打擊非法」之既定目標。 Enforcement
Results of Optical Media Joint Investigation
Taskforce 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”. 3.
經濟部查禁仿冒商品小組九十一年第一季執行保護智財權工作成效 依據經濟部查禁仿冒商品小組統計資料披露，該組九十一年一至三月處理海關移送之疑似仿冒案件計75件（含1月23件、2月24件及3月28件）、受理檢舉案件共53件（包括1月8件、2月16件及3月29件）。 另該組於是項期間核發警調人員申請查緝仿冒獎金案件共398件計2,135,709元(查獲之仿冒商品估值為80,533,192元)，茲分項敘述如下： (1)
1月：核發查緝仿冒獎金案件共134件計699,920元，含括商標13件、專利1件及著作權120件，而查獲之仿冒商品估值為42,480,815元。 (2)
2月：核發查緝仿冒獎金案件共104件計888,666元，包含商標14件、專利1件及著作權89件，而查獲之仿冒商品估值為15,496,541元。 (3)
3月：核發查緝仿冒獎金案件共160件計547,123元，包括商標4件及著作權156件，而查獲之仿冒商品估值為22,555,836元。 Work
by Anti-Counterfeiting Committee in 1st Quarter of 2002 According
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). During
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: (1)
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; (2)
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; (3)
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. 4.
警政署九十一年第一季保護智財權工作成果 茲據內政部警政署統計資料指出，該署九十一年一至三月依涉嫌侵害智慧財產權而移送偵辦之案件計1,371件（1,600人），分別為涉嫌仿冒商標案件190件242人（含1月47件61人、2月62件84人及3月81件97人）、侵害專利權案件39件50人（包括1月19件23人、2月6件6人及3月14件21人）與侵害著作權案件1,142件1,308人（包含1月403件448人、2月280件326人及3月459件534人）。 另是項期間涉外著作權案件計165件196人（含1月54件61人、2月39件54人及3月72件81人），其中涉美案件共154件184人(包含1月54件61人、2月37件51人及3月63件72人。)
此外，該期間查獲之仿冒商品市價估值為新台幣3,495,848,699元（含1月974,910,788元、2月896,115,777元及3月1,624,822,134元）。 IPR
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). During
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). The
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). 5.
九十一年年第一季侵害智財權判決確定案件判處一年以上者有七十七人 依據法務部統計資料指出，九十一年一至三月我國法院對於侵害著作權、商標專用權或專利權判決確定案件，被告共652人，分別為1月263人、2月151人及3月238人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共406人，分別是1月163人、2月86人及3月157人。 有罪科刑判決中，判處6月（含）以下者計251人，1至3月各有101人（含涉美案件9人）、55人（含涉美案件7人）及95人（含涉美案件10人）；判處逾6月1年未滿者共33人，1至3月分別有14人（含涉美案件1人）、4人（含涉美案件1人）與15人（含涉美案件7人）；判處1年（含）以上2年未滿共計69人，1至3月各為24人（含涉美案件3人）、18人（含涉美案件2人）及27人；判處2年（含）以上3年未滿者共計7人，1月及3月各有4人及3人（含涉美案件1人）；判處3年（含）以上5年未滿者有1人；判處拘役者共有32人，1至3月各是15人（含涉美案件1人）、7人（含涉美案件2人）與10人（含涉美案件1人）。 77
Persons Sentenced to 1+ Years Imprisonment in Affirmed IPR Cases in 1st
Quarter 2002 According
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). Amongst
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). 6.
我近三年向美日歐申請專利暨核准情形 經濟部智慧財產局依據美、日及歐洲專利主管機關網站及年報等資料指出，2001年國人向美國專利商標局申請專利案計12,403件，較上年成長19.49%，居所有外國人申請案第三名；向日本特許廳申請專利案計2,900件，較上年上升19.59﹪，居所有外國人申請案第六名；向歐洲專利局申請專利案計300件，較上年增加29.87%；因案件較少，故無排名。 而近三年來，國人向國外申請專利案，以美國最多，平均每年11,392件，申請量均居所有外國人申請案之前三至四名，成績斐然；另向日本特許廳申請專利案平均每年2,411件，且有逐年增加之趨勢，居所有外國人申請案之第五至六名；而向歐洲專利局申請專利案雖較少，但亦有逐年增加之趨勢。 該局並指出，2001年國人向美國專利商標局申請專利獲准之案件計6,766件，較上年增加21.30%，居所有外國人專利核准案第三名；另向日本特許廳申請專利獲准之案件計1,637件，較上年上升20.19﹪，居所有外國人專利核准案第三名；向歐洲專利局申請專利獲准之案件計32件，較上年大幅成長68.42%，因專利申請核准案件較少，故無排名。 另近三年來，國人向美國申請專利獲准案相當高，平均每年5,483件，居所有外國人專利申請獲准案之前三名，績效卓著。而向日本特許廳申請專利獲准案平均每年1,636件，有逐年增加之趨勢，亦居所有外國人專利申請獲准案前三至四名。另向歐洲專利局申請專利獲准案則較少；平均每年33件。 該局並將我國近三年向美、日及歐洲申請專利暨核准等情形表述如下： U.S.,
Japanese and European Patent Applications & Approvals for Taiwanese
Persons According
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. During
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. The
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. During
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: 近三年我國向美、日、歐申請專利案件統計表 Table of Patent Applications by Taiwanese
Persons in U.S., Japan and Europe
近三年我國向美、日、歐申請專利核准案件統計表 Table of Patent Approvals Received by Taiwanese
Persons in U.S., Japan and Europe
備註：我國向歐洲專利局申請專利及核准案件較少，故無排名。 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. |
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