本 期 提 要 HEADLINES
New Classification of Goods & Services
On April 10, 2002 the Ministry of Economic Affairs promulgated the revised "Classification of Goods and Services" table appended to Article 49 of the Trademark Law Enforcement Rules, which entered into force on April 12, 2002. The said Classification was based on the "International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement" (Nice Agreement). Trademark or service mark registrations around the world are usually based on the Nice Agreement, whose classification has been adopted by even countries not a signatory to the Agreement, in order to maintain international consistency. Following the 18th session of the Nice Union Committee of Experts, the 8th edition of the Nice Agreement took effect on January 1, 2002. Although Taiwan is not a member of WIPO, its trademark and service mark classifications are consistent with the international classification, and therefore revisions to the Taiwanese classification are made accordingly. The present amendments principally subdivided the existing Class 42 services into 4 new classes, being Classes 42 to 45. In other words, one existing class is revised, and three new classes have been inserted.
Below is a description of the new classes 42 to 45:
Class 42: Scientific and technical services and research, as well as related design; industrial analysis and research services; computer hardware or software design and development; legal services.
Class 43: Provision of food and drink for consumption; temporary accommodation.
Class 44: Medical care; veterinary services, hygienic and beauty care given to human beings or animals; services relating to fields of agriculture, horticulture and forestry.
Class 45: Private or social services provided by persons to meet individual needs; investigation and surveillance services relating to the safety of persons and entities.
Detailed information concerning the new "Classification of Goods and Services" can be found at the following website: http://www.moeaipo.gov.tw/news/ShowNewsContent.asp?otype=1&postnum=1238&from=board.
IPO Drafts Regulations for Deposit of Patented Microorganisms
Paragraph 4, Article 26 of the Patent Law, which was revised on October 24, 2001, provided that the competent patent authority shall stipulate regulations concerning the acceptance criteria, types, forms, quantity, fees and other relevant matters for deposit of microorganisms. Accordingly, the IPO has drafted the Regulations for Deposit of Patent Microorganisms, with reference to the "Guidelines and Enforcement for Microorganism Deposit" of the Food Industry Research & Development Institute (which was renamed as Biological Resource Deposit & Research Center in the latter half of 2001), the Budapest Agreement, and its complementary regulations, and recently held a public hearing to solicit public comments on the draft.
Work by Anti-Counterfeiting Committee in 3rd Quarter of 2001
According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, during the period from July to September 2001, the ACC investigated 87 cases of suspected counterfeiting (being 26 in July, 29 in August, and 32 in September) and 44 complaint cases (11 in July, 20 in August, and 13 in September).
During this period, the ACC approved a total of 324 applications by police and investigators for rewards for anti-counterfeiting efforts, totaling NT$2,613,327 (the value of counterfeit products seized is estimated at NT$193,522,484). Reward applications consist of 142 applications in July totaling NT$1,034,136 (23 trademark, 1 patent, and 118 copyright cases, with total estimated value of seized counterfeit products being NT$138,409,742), 89 applications in August totaling NT$765,838 (30 trademark, 2 patent and 57 copyright cases, with total estimated value of seized counterfeit products being NT$27,404,567), and 93 applications in September totaling NT$813,353 (32 trademark and 61 copyright cases, with total estimated value of seized counterfeit products being NT$27,708,175).
IPR Protection Work by National Police Administration in 3rd Quarter of 2001
According to statistics released by the National Police Administration (NPA) of the Ministry of Interior, during the period from July to September 2001, the NPA handled a total of 1,351 cases of alleged infringement of IPR (1,562 defendants). This consists of 120 cases of alleged trademark infringement involving 149 defendants (being 43 cases with 51 defendants in July, 49 cases with 60 defendants in August, and 28 cases with 38 defendants in September), 30 cases of patent infringement involving 39 defendants (being 13 cases with 19 defendants in July, 9 cases with 10 defendants in August, and 8 cases with 10 defendants in September), and 1,201 cases of copyright infringement involving 1,374 defendants (being 398 cases with 451 defendants in July, 480 cases with 551 defendants in August, and 323 cases with 372 defendants in September).
During this period, 199 cases with 216 defendants involved infringement of foreign-owned copyright (being 60 cases with 64 defendants in July, 72 cases with 78 defendants in August, and 67 cases with 74 defendants in September). Amongst these, 192 cases with 205 defendants involved infringement of U.S.-owned copyright (being 59 cases with 63 defendants in July, 67 cases with 70 defendants in August, and 66 cases with 72 defendants in September).
The total market value of counterfeit products seized during this period is NT$984,795,997 (consisting of NT$197,930,500 in July, NT$227,672,692 in August, and NT$559,192,805 in September).
Customs Inspections of Export Product
Trademark Declarations in 3rd Quarter 2001
According to statistics released by the Customs concerning discovery of inaccurate export product trademark declarations during the period from July to September 2001:
Sporting goods: 3 cases released with authorization or bond;
Automotive components: 3 cases released with authorization or bond, 1 case exportation denied;
Computer goods: 4 cases released with authorization or bond;
Optical media: 1 case released with authorization or bond, 1 case exportation denied;
Plastic goods: 7 cases released with authorization or bond;
Textile goods: 5 cases released with authorization or bond, 1 case exportation denied;
Electronic components: 2 cases released with authorization or bond, 1 case exportation denied;
Other goods: 41 cases released with authorization or bond, 2 cases exportation denied, and 4 cases seized.
Results of GIO Investigations of Video Rental Industry in 3rd Quarter 2001
During the period from July to September 2001, the Government Information Office (GIO) and the local government agencies jointly conducted 228 raids on MTV parlors (79 in July, 81 in August and 68 in September; 102 of these raids were conducted after 8pm, being 29 in July, 67 in August, and 6 in September). They also conducted 827 raids on video rental stores (291 in July, 300 in August, and 236 in September) and 175 investigations into other business establishments. As a result, the authorities seized 1,210 illegal videotapes (298 in July, 321 in August, and 591 in September), 17,480 optical media disks (4,160 in July, 9,465 in August, and 3,855 in September), as well as 696 videotapes whose licenses had expired (385 in July, 12 in August, and 299 in September). 13 cases were referred to the prosecutors for infringement and violation of public morals (being 1 case in July, 8 in August, and 4 in September), while 88 were subject to administrative sanctions under the Broadcasting and Television Law (being 38 cases in July, 19 in August, and 31 in September).
During this period, based on the results of GIO investigations, the Film and Video Works Protection Foundation (FVWP) also referred 11 cases to the prosecutors' office for suspected copyright infringement, being 4 cases in July, 5 cases in August, and 2 cases in September.
GIO Uncovers 101 Violating Cable TV Operators in 3rd Quarter 2001
During the period from July to September 2001, the Government Information Office (GIO) and local government agencies jointly conducted 454 raids on cable TV operators (being 144 in July, 164 in August and 146 in September; 92 of these raids were conducted after 8pm, being 32 in July, 31 in August and 29 in September). These investigations consisted of 149 investigations of primary broadcasting facilities (being 47 in July, 47 in August and 55 in September), uncovering 2 violations of rights protection regulations, 1 violation of advertising regulations, and 2 violations of fees regulations; and 305 investigations of secondary broadcasting facilities (being 97 in July, 117 in August and 91 in September), uncovering 88 violations of advertising regulations and 8 violations of programming regulations.
In addition, the GIO handled 897 cases of consumer complaints (being 324 in July, 307 in August and 266 in September). They are respectively 63 suspected programming violations (22 in July, 21 in August and 20 in September), 177 advertising violations (62 in July, 67 in August and 48 in September), 274 fees regulation violations (123 in July, 88 in August and 63 in September), and 383 rights protection regulation violations (117 in July, 131 in August, and 135 in September).
依據財團法人國際唱片業交流基金會(IFPI, Members' Foundation in Taiwan)就有聲出版品取締的統計資料披露，九十年七至九月該會協同警察機關等相關單位查察取締侵權之有聲出版品案件計515件，包括夜市攤販493件、工廠1件、倉庫4件、MP3販賣6件、CD-R販賣5件及住家6件，共查扣盜版卡帶856卷、CD 414,924片、MP3 599片、CD-R 2,232片、VCD 2,839片及機械設備與半成品乙批，市場評估損失共約468,749,200元。此外，該季查獲涉嫌侵害著作權而移送偵辦之嫌疑犯計602人。
Work by IFPI in 3rd Quarter 2001
According to statistics recently released by the International Federation of the Phonographic Industry, Members' Foundation in Taiwan (IFPI), the IFPI had assisted police and other related agencies with a total of 515 raids for infringing audio products during the period from July to September 2001. These consisted of 493 raids on night market vendors, 1 factory, 4 warehouses, 6 MP3 vendors, 5 CD-R vendors, and 6 residential premises, resulting in seizures of 856 pirated cassettes, 414,924 pirated CDs, 3,599 MP3 disks, 2,232 CD-Rs, 2,839 VCDs, and a set of machinery, equipment and semi-finished goods. This constitutes an estimated loss of NT$468,749,200 at market value. In addition, a total of 602 defendants were referred to the Prosecutors' Office for suspected infringement of copyright.
Work by FVWP in 3rd Quarter of 2001
From July to September 2001, the Foundation for the Protection of Film and Video Works (FVWP) handled 1 case of suspected parallel importation of copyrighted audio-visual works referred by the Customs authorities, and found that it appeared not to be duly licensed.
During the same period the FVWP had conducted 512 investigations of video rental stores, MTV parlors and laser disc exchange centers. It also carried out 468 raids with the assistance of the Government Information Office (GIO) and other agencies, resulting in the seizure of 107,892 videotapes, laser discs, VCDs and DVDs.
In addition the FVWP has filed 190 lawsuits in Taiwan on behalf of member companies of the Motion Picture Association of America (MPAA).
109 Persons Sentenced to 1+ Years Imprisonment in Affirmed IPR Cases in 3rd Quarter 2001
According to statistical data released by the Ministry of Justice, during the period from July to September 2001, there were 891 defendants in affirmed cases of copyright, trademark or patent infringement heard by R.O.C. courts (319 defendants in July, 299 in August, and 273 in September). Amongst these, 584 were convicted and sentenced to imprisonment, detention or fines (being 181 defendants in July, 212 in August, and 191 in September).
380 defendants were sentenced to 6 months or less, being 126 in July (including 7 in U.S.-related cases), 135 in August (including 9 in U.S.-related cases), and 119 in September (including 9 in U.S.-related cases). 34 defendants were sentenced to between 6 and 12 months, being 15 in July, 11 in August (including 3 U.S.-related cases), and 8 in September (including 2 U.S.-related cases). 103 defendants were sentenced to 1 year or more but less than 2 years, being 25 in July, 41 in August (including 2 U.S.-related cases), and 37 in September (including 2 U.S.-related cases). 6 defendants were sentenced to 2 years or more but less than 3 years, being 4 in July (including 1 U.S.-related case) and 2 in September. 44 were sentenced to detention, being 8 in July (including 1 U.S.-related case), 17 in August, and 19 in September (including 2 U.S.-related cases).