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| 八卷十期 89年05月31日 |
本 期 提 要HEADLINES |
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智慧局與歐盟內部市場協和局簽署商標專用權保護資訊交換瞭解備忘錄 經濟部智慧財產局與歐洲聯盟內部市場協和局（以下簡稱兩局），於八十八年十二月三十一日假台北簽署兩局間有關商標專用權保護資訊交換瞭解備忘錄，並自簽署之次日生效。茲將是項備忘錄摘述如下： (1)兩局聲明願意持續交流聯繫，以交換有關商標權現代化、協和化及發展之資訊，特別是有關現行法規及預定之立法提案與修正案之資訊交換。 (2)兩局應依對方要求彼此提供與特定事項相關之法律資料。 (3)兩局應共同就商標文件之彙整、蒐集、儲存及取得，進行諮商及討論。 (4)兩局應共同就商標領域制定技術合作機制，主要內容應包括技術訓練以及舉辦課程與研討會。 (5)兩局應在技術協助及推廣方面建立機制，特別是關於商標資訊之流通。 (6)兩局應就商標檢索及審查基準交換意見及經驗。 (7)兩局應各將其官方出版物，寄贈予對方。 Taiwan, European Union Sign Trademark Memorandum of Understanding On 31 December 1999, Taiwan and the European Union signed a memorandum of understanding regarding the exchange of information relating to the protection of trademarks. Taiwan was represented by the Intellectual Property Office while the European Union was represented by the Office of Harmonization in the Internal Market. The agreement, which became effective on 1 January 2000, obligates the two parties to perform the following: a. willingness to maintain continuous communication on the exchange of information relating to the modernization, harmonization, and development of trademark rights, in particular the exchange of information regarding legislation in force as well as legislative proposals and amendments which are anticipated; b. provide each other with legal materials on specific subject matters upon request by the other party; c. carry out joint consultations and discussions concerning the organization, collection, storing, and accessibility of their trademark documentation; d. jointly establish mechanisms for technical cooperation in the field of trademarks, which shall mainly comprise of technical training and the organization of courses and seminars; e. establish mechanisms for technical assistance and promotion, in particular the circulation of information regarding trademarks; f. exchange views and experience on trademark search and examination standards; and g. provide the other party with free copies of its official publications. |
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美將修改商業方法專利審查方式 我駐美國台北經濟文化代表處經濟組於八十九年三月三十日以經美（八九）字第○六八三號函表示，美國專利商標局(PTO)頃發布新聞稿表示將修改該局對商業方法(business methods)專利申請案之審查方式。 按美國軟體業者過去大多引用著作權作為保護其智慧財產權之手段，但自一九九八年聯邦巡迴上訴法院(U.S. Court of Appeals for the Federal Circuit)審查State Street Bank案時將專利權保護範圍擴大至商業方法後，從事電子商務業者開始大量向PTO申請專利保護，若干著名案件引起各界對PTO缺乏專業軟體人才及草率授與該種專利之疑慮。 PTO的新聞稿中指出，該局未來改進措施將包括：修改電腦有關發明之審核要點、增加一層審查程序、擴大先前技術(prior art)資料庫等。 U.S. Amends Business Methods Patent Examination System Taiwan economic officials based at the Taipei Economic and Cultural Relations Office in the United States have issued a circular regarding changes that the U.S. Patent and Trademark Office (PTO) have announced. The PTO issued a press release stating its intent to revise the examination procedure for business method patent applications. The U.S. software industry had traditionally used copyrights to protect their intellectual property. In the State Street Bank case in 1998, however, the U.S. Court of Appeals for the Federal Circuit expanded the scope of patent protection to include business methods. Thus, companies engaged in electronic commerce have submitted large numbers of business method patent applications to the PTO. The PTO's press release stated that the PTO would revise the examination and approval guidelines for computer-related inventions, add a level of examination, and expand its collection sprior art. |
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商標各類案件申請書表合理化及電子化 經濟部智慧財產局為實踐電子化政府的建構，及建立以顧客為導向的服務目標，決定將我國現行商標各類申請表格加以合理化及電子化；該局並於日前召開合理化商標各類申請案件申請書表公聽會。是項改進方案包括下列二項： (1)修改商標申請書表內容與項目 為周延及完備商標各類案件申請書表內容，該局參酌APEC等各國商標申請表格格式、項目，以及實際上商標申請時所面臨的問題，將我國現行商標各類表格加以修改。 (2)商標申請書表電子化 該局計畫於商標各類申請書表修正公告施行後，將新式書表上網，爾後民眾可透過該局網站自行下載申請書表。另新式商標申請書表採浮動式，不限制頁數，可依民眾申請內容調整書表長度。同時取消必須使用該局申請書的規定，可依該局申請書格式、項目與順序，自行製作申請書。 IPO Proposes Revisions to Trademark Application Forms The Intellectual Property Office recently held a public hearing on proposed changes to simplify trademark classification application forms. The proposals are part of the IPO's effort to simplify procedures, increase its level of service, and integrate the use of the Internet in its operations. The proposals contain the following two principle components: a. Revising the contents and items of trademark application forms. The IPO modeled the revisions on the trademark application forms used by APEC and other countries, as well as considering the specific issues applicants face in Taiwan. b. Use of the Internet. After the revised trademark classification form is put into use, the IPO plans to place the form on the Internet. At that time, the public may download the application form from the IPO's website. |
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智慧局訂定代購外國專利資料要點 經濟部智慧財產局於日前訂定代購外國專利資料要點，凡我國政府機關、學術團體、民間機構或人民，欲向外國購買專利資料時，得依該要點規定委託該局代購。但因政治因素、不通郵地區或申請時該局與外國發行機構簽有授權影印契約之資料者，均不予代購。 IPO Announces Guidelines for Purchasing Foreign Patent Materials The Intellectual Property Office recently issued guidelines governing the IPO's purchase of foreign patent materials on behalf of third parties in Taiwan. Under the guidelines, any Taiwan governmental organization, academic group, civic organization, or individual who wants to purchase foreign patent materials may authorize the IPO to purchase the materials. However, because of political considerations, purchases will not be available when postal relations are not established with the foreign country or at the time of application the IPO and the overseas publisher have signed a license agreement regarding duplication. |
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查禁仿冒商品小組八十九年二月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，八十九年二月該組計查核出口商品商標產地案件36件，而是項案件經該小組查復處理及經濟部國際貿易局行政處分者各有58件及46件。另針對廠商檢舉仿冒案件，該組受理及查復處理者，分別有4件及2件。 此外，是項期間該組聯合警調機關查緝74件仿冒案件，另協調各地警調機關之查緝行動各查獲18件仿冒商標案件及2件侵害專利權案件。而查獲之仿冒品市價總值約25,209,798元。 另外，該組抽驗由外貿協會協助，而赴國外參展之廠商展品有無仿冒之案件有乙件。另參加查緝仿冒或智財權相關會議計3次。 Work by the Anti-Counterfeiting Committee in February 2000 According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in February 2000 investigated 36 new trademark and place-of-origin cases involving the export of goods. During this month, 58 cases were handled by the ACC internally and 46 were referred to the Board of Foreign Trade for administrative action. In addition, of the counterfeit cases that were brought to the attention of the ACC by private companies, 4 were handled by the ACC and 2 were referred to other administrative agencies. In addition, working in close cooperation with prosecutors, police, and investigators, the ACC coordinated raids in 74 IPR infringement cases. The ACC also assisted with 18 counterfeit trademark raids and 2 patent infringement raids. The raids resulted in the seizure of counterfeit goods worth NT$25,209,798. In February 2000, the ACC also assisted the China External Trade Development Council to verify that products from Taiwan companies selected for overseas exhibition did not infringe intellectual property rights. The ACC also participated in 3 meetings related to counterfeit raids and intellectual property. |
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警政署八十九年二月份保護智財權工作成果 茲據內政部警政署統計資料指出，該署八十九年二月依涉嫌侵害智慧財產權而移送法辦之案件計218件（266人），分別為涉嫌仿冒商標案件59件（68人）、侵害專利權案件9件（14人）與侵害著作權案件150件（184人）（含涉美案件7件7人）。而查獲之仿冒商品市價估值為新台幣292,101,478元。 Results of IPR Protection Work by the National Police Administration in February 2000 In February 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 218 cases involving 266 defendants to district court prosecutors on suspicion of infringement. Of these 218 cases, 68 defendants in 59 cases were suspected of trademark infringement, 14 defendants in 9 cases were suspected of patent infringement, and 184 defendants in 150 cases were suspected of copyright infringement. Seven defendants in 7 cases were suspected of infringing U.S.-owned copyright. The market value of counterfeit products seized during the investigations was estimated to be NT$292,101,478. |
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有關美國人委任代理人之POA問題之實務見解 有關美國法人委任代理人在我國提起違反智慧財產權刑事告訴案件之認證程序問題，司法院及法務部於日前分別表示如下之見解： (1)司法院於八十九年四月二十七日以（八九）院台廳民一字第一○一六四號函，函知其所屬單位，表示：「美商委任臺灣律師為代理人進行訴訟之委任狀，若已足認委任為真正，即無須要求於該委任狀須經認證程序。」 (2)法務部於八十九年五月五日以法八十九檢字第○○一四八一號函，函知其所屬單位，表示：「為期有效偵辦違反智慧財產權之涉外案件，若美國法人委任代理人在我國提起此類案件之刑事告訴時，其所出具之委任狀，如依現有資料可認定其委任為真正時，則不必強令該委任狀須經認證程序。」 Opinions Issued on Power of Attorney Issue The Judicial Yuan and the Ministry of Justice recently released opinions on the issue of authentication procedures for powers of attorney issued by U.S. companies for criminal prosecutions of intellectual property infringement cases in Taiwan. The respective opinions were as follows: a. The Judicial Yuan instructed agencies under its jurisdiction a circular dated 27 April 2000 as follows: "Regarding powers of attorney of U.S. businesses retaining Taiwan lawyers to be their representatives in conducting prosecutions, if it is already sufficiently determined that the power of attorney is genuine, then authentication procedures are not required for the power of attorney." b. The Ministry of Justice instructed agencies under its jurisdiction in a circular dated 5 May 2000 as follows: "If in the effective period to investigate a violation of intellectual property rights, a U.S. legal person authorizes a representative in Taiwan to institute a criminal prosecution of this type of case, it can be determined according to the information on hand that the power of attorney is genuine, then it is not necessary to order that the power of attorney be subject to authentication proceedings." |
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八十九年二月份侵害智慧財產權判決確定案件判處一年以上者有九人 依據法務部統計資料指出，八十九年二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147人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共71人；有罪科刑判決中，處六月以下者45人（含涉美案件6人），處逾六月一年未滿者7人（含涉美案件2人），處一年以上二年未滿者7人，處二年以上三年未滿者2人，處拘役者6人。 Taiwan Courts Sentence 9 Persons to at Least One Year in IPR Cases in February 2000 According to statistics released by the Ministry of Justice, of 147 defendants in copyright, trademark, and patent infringement cases in February 2000, 71 persons were sentenced to jail terms, received detention or were fined. Of the defendants sentenced to jail terms, 45 persons were sentenced to less than six months. Of these 45 persons, 6 were convicted of infringing U.S.-owned intellectual property. Seven persons were sentenced to no less than six months but no more than one year, of which 2 persons were convicted of infringing U.S.-owned intellectual property. Seven persons were sentenced to no less than one year but no more than two years while 2 persons were sentenced to no less than two years but no more than three years. Six persons received detention. |