本 期 提 要 HEADLINES
and Tariff Act）第一八一條，每年定期向國會提交並對外發布外國貿易障礙(NTE)報告，主要目的為評估外國貿易障礙對美商貿易之影響。本年度為第十七次的報告，內容循例對主要貿易伙伴之貿易障礙進行清點（inventory）。
Intellectual Property Alliance，IIPA，）的估計，二○○一年因台灣智慧財產權保護不足，造成美國的貿易損失達3.33億美元。台灣加入WTO已修改其智慧財產權保護的相關法規以符合WTO與貿易有關之智慧財產權協定(TRIPS)之規範，惟美國仍關切光學媒體盜版、無法有效關閉仿冒及侵害智慧財產之工廠。此外，出口盜版及仿冒貨品仍為美國主要之關切事項。
World Intellectual Property Organization; WIPO)著作權條約，智慧財產局已向行政院提出著作權法修正草案。該修正案將提交立法院審議，修正部分包括公開傳播（public
USTR Issues 2002 National Trade Estimate
On April 2, 2002 the USTR issued
the 2002 National Trade Estimate (NTE).
In this report, the U.S. sets out any unfair trade measures and
barriers adopted by the U.S. 55 trading partners, in respect of U.S.
products, services, and primary products exported by the U.S.
It also sets out actions taken by its trading partners in reducing or
eliminating such trade barriers. Under
Article 181 of the U.S. 1984 Trade and Tariff Act, the USTR is required to
submit and publish an NTE every year, for the main purpose of evaluating the
impact of foreign trade barriers on U.S. trade. The 2002 report represents its 17th report, and continues to
set out an inventory of trade barriers adopted by its main trading partners.
In the 2002 NTE, the U.S. had
analyzed Taiwan's 9 main trade barriers as follows: (1) import policies
(including duties, licenses, and other restrictions); (2) standards,
inspections, labeling, and approvals; (3) government procurement; (4) export
subsidies; (5) intellectual property protection; (6) barriers to service
industries (financial, legal, film and telecommunication services); (7)
barriers to investment; (8) anti-competitive measures (including
corruption); (9) electronic commerce. For
the most part, the NTE evaluation in respect of Taiwan was positive. However, it still expressed concern in respect of standards,
inspections, intellectual property, and anti-competitive measures areas.
In accordance with the U.S. NTE
procedures, the USTR would issue a further "Special 301 Report"
(in respect of countries with insufficient IPR protection), a "Super
301 Report" (in respect of countries with unfair trade measures), and
an annual report on government procurement barriers.
In relation to the Special 301
Report, in recent years the U.S. had continued to express concern regarding
IPR protection in Taiwan. It is
particularly interested in results of enforcing the Optical Media Management
Law and contents of draft partial amendments to the Copyright Law.
For this year, the major U.S. interest groups - such as the IIPA and
the IACC - have all suggested that Taiwan be listed on the "priority
In response to these concerns,
the MOEA has continued to dialogue with the U.S. through various channels,
in order to express Taiwan's determination and sincerity in protecting IPR.
The MOEA has also provided the U.S. with detailed explanations
concerning the results of Taiwan's recent efforts in promoting protection of
IPR, urging the U.S. to remove Taiwan from its Special 301 Report or
de-prioritize to the "ordinary watch list".
The main points expressed to the U.S. include: (1) Taiwan's IPR
protection work, in terms of legislative and enforcement measures, had both
improved substantially last year; (2) according to U.S. Customs statistics
concerning seizure of infringing products imported during the last fiscal
year, the 5 main sources of infringing products were Mainland China, Hong
Kong, Korea, Singapore and Taiwan. Since
2000 Taiwan's record had fallen from the 2nd position to the 5th, showing
the Taiwan's anti-counterfeiting efforts had substantive results; (3) in
order to increase investigative efforts in combating infringement, Taiwan's
Executive Yuan had on January 16, 2002 declared the year 2002 to be the
"Intellectual Property Right Protection Action Year", and the
Executive Yuan as well as other relevant departments will take series of
actions to thoroughly enforce the Optical Media Management Law and related
regulations. The Prosecutors'
Office of Taiwan's Supreme Court had also prepared the "Intellectual
Property Right Protection Action Year Investigation Taskforce", which
will coordinate investigative efforts by Taiwan's prosecutors, police and
The Bureau of Foreign Trade (MOEA)
has also translated into Chinese the part of the NTE that relates to Taiwan,
and submitted the same to relevant departments of the Government for their
response. Departments were also urged to prepare their responses as soon as
possible, so as to provide clarifications to the U.S.
For Chinese translation of the 9
trade barriers listed in the aforementioned NTE report (in relation to
Taiwan), readers can visit the following website: http://www.trade.gov.tw/
whatnew/2002net.htm. Below is the analysis of topics relating to IPR:
Due to persisting insufficiencies
in Taiwan's legal structure and enforcement relating to IPR protection, IPR
issues have become a problem between Taiwan and the U.S. According to
estimates of the International Intellectual Property Alliance (IIPA),
Taiwan's inadequate IPR protection resulted in a trade loss of US$333
million to the U.S. during 2001. After
joining the WTO, Taiwan has revised its relevant IPR laws, so as to comply
with WTO requirements and provisions of TRIPS.
However, the U.S. is still concerned about piracy of optical media,
and failure to effectively close down factories that infringe IPR.
In addition, exportation of counterfeit products is still a main
issue of concern for the U.S.
For the purposes of accession to
the WTO, the Taiwan Legislative Yuan had in October 2001 passed amendments
to the Patent Law, which will extend the period of protection granted to
patents, so as to be consistent with requirements of TRIPS. However, the said law at the same time removed criminal
sanctions for infringement of invention patents.
In October 2001 Taiwan passed
amendments relating to the Copyright Law, granting computer programs the
same period of protection as literary works, that is the life of the author
and 50 years after his/her death. In
response to the World Intellectual Property Organization (WIPO)'s Copyright
Treaty, the IPO has also submitted relevant draft amendments to the
Copyright Law to the Executive Yuan. These
amendments will ultimately be submitted to the Legislative Yuan, and topics
dealt with include definition of "public transmission", and
provisions relating to the Internet (such as technological protective
measures and electronic copyright of information management systems).
U.S. government and businesses have already expressed concern about
possible failure by the proposed amendments to adequately protect IPR.
As the U.S. had been dissatisfied
with Taiwan's legislative progress in relation to optical media, such as
failure to shut down counterfeiting factories and to halt internet piracy,
it had listed Taiwan on its 2000 watch list, and then shifted to the
priority watch list of the Special 301 Report in April 2001.
In response to the U.S. government and businesses' concerns, Taiwan
had passed the Optical Media Management Law in October 2001, under which
optical media manufacturers must apply for manufacturing permits, and
declare any changes. Violations
of the said Law are punishable by up to 3 years of imprisonment, and up to
US$86,000 in fines. However,
optical media piracy remains one of the U.S.' main concerns.
The U.S. hopes that after the Optical Media laws come into effect in
May 2002, the number of infringement cases in Taiwan will be greatly
The U.S. is also concerned about
the failure by Taiwanese government departments and major businesses to use
licensed software. The Taiwanese government and businesses are currently
working together with the U.S. to improve this situation. Taiwan has
required that its government departments use licensed software, but the U.S.
is concerned whether departments have in fact done so.
Taiwan's judicial institutions
have continued to run into difficulties in handling technical cases,
resulting in complaints from U.S. businesses about the lengthiness of
Taiwan's handling of litigious cases. There
are also many problems relating to enforcement of IPR laws, due to unclear
definition of departmental powers and duties, which are sometimes
conflicting. Active enforcement
is restricted by the fact that only a prosecutor is able to commence a
prosecution, and request sentencing of defendants.
The IIPA believes that the Taiwanese judicial system itself is a
barrier to effective enforcement of IPR laws, and sanctions imposed against
offenders are insufficient.
One of U.S.' other areas of
concern is Taiwan's lack of protection for product packaging, form and
appearance, that is the so-called "trade dress".
Although Taiwan's Fair Trade Law contains provision relating to
protection of unregistered marks and other forms of packaging, the problem
persists when Taiwan's manufacturers imitate the appearance of U.S.
products. U.S. carpet
manufacturers have also expressed concern relating to imitation of its
designs by Taiwanese companies.
Actions Taken for IPR Protection Action Year
In order to effectively protect
intellectual property rights, the Executive Yuan had designated this year as
the "Action Year of Intellectual Property Right Protection", and
required various relevant departments to cooperate on matters of law
enforcement, education, and research and training. The Steering Committee of National Information Infrastructure
(NII) Development has been given the responsibility of supervising the
Below is a summary of progress of
the Action Year program, as released by the MOEA:
1.On December 26, 2001 the Executive Yuan approved designation of the year 2002 as the "Intellectual Property Right Protection Action Year".
2.On January 16, 2002 the Executive Yuan passed the "Intellectual Property Right Protection Action Year Program".
3.On January 16, 2002 the Executive Yuan issued a press release, announcing the "public address" by former Premier Chang to industries and businesses, schools, students, and the general public.
4.On January 24, 2002 the Executive Yuan approved the "Intellectual Property Right Protection Action Year Prosecution Program" submitted by the Ministry of Justice.
5.On January 28, 2002 the
Prosecutors' Office of the Ministry of Justice formed the "Intellectual
Property Right Protection Action Year Taskforce".
B.Progress of Enforcement:
(1)On January 28, 2002 the Prosecutors' Office of the Ministry of Justice called the first meeting of the "Intellectual Property Right Protection Action Year Taskforce", and commenced concentrated investigations from January 30, 2002. As at March 20, the various departments had investigated 617 cases of IPR infringement, indicted 734 defendants, and seized infringing products with total value of approximately NT$1,801,224,537.
(2)Between January 15 and March 26, 2002, the "MOEA Optical Media Joint Investigation Team" had conducted inspections and IPR education in respect of 29 optical media factories.
(1)In order to promote the "Intellectual Property Right Protection Action Year Program" and celebrate the IPO's 3rd year anniversary, the following series of activities have been held:
(i)hold the "Intellectual Property Right Protection Action Year Seminars"
(ii)make the "Industries & Businesses Self-Discipline Declaration" and hold the public destruction of counterfeit products
(iii)publish light-case advertisements
(iv)publish promotional short films through TV walls
(2)Promote respect for IPR through public media:
(i)publish promotional short films in cinema
(ii)produce interviews and advertising related to IPR on radio stations with high ratings
(iii)issue press releases on website relating to IPR information series
(3)Hold series of activities relating to IPR law awareness:
(i)seminar on new Patent Law and Patent Law provisions after joining the WTO
(ii)seminar on response to expanded IPR protection after Taiwan's accession to WTO
(iii)seminar on IPO examiners
(iv)seminar on determination of