卷十二期 89年06月30日

本 期 提 要HEADLINES

1.新聞局八十九年四月份查扣違法錄影節目帶業成果
Results of the Government Information Office Investigations of the Videotape Rental Industry in April 2000
2.新聞局八十九年五月份查獲二十七家次違規第四台
Government Information Office Uncovers 27 Illegal Cable TV Stations in May 2000
3.查禁仿冒商品小組八十九年三月執行保護智財權工作成效
Work by the Anti-Counterfeiting Committee in March 2000
4.警政署八十九年三月份保護智財權工作成果
Results of IPR Protection Work by the National Police Administration in March 2000
5.海關八十九年第一季查獲出口貨物商標申報不符案件處理情形
Results of Customs Inspections of Trademark Export Declarations in the First Quarter of 2000
6.IFPI八十九年三月份執行反盜錄工作成效
Results of Work by the IFPI in March 2000
7.八十九年三月份侵害智慧財產權判決確定案件判處一年以上者有十九人
Taiwan Courts Sentence 19 Persons to at Least One Year in IPR Cases in March 2000
8.廿一世紀資訊網路法制國際研討會
A Seminar on Internet Legal Related Issues
 
1.新聞局八十九年四月份查扣違法錄影節目帶業成果
八十九年四月份行政院新聞局及地方政府共查察及取締MTV 120家次(其中晚間8時以後查察取締54家次)、錄影節目帶租售店210家次、其他46家次;共計查扣違法錄影節目帶13,057卷、影碟1,698片、逾權節目帶62卷;依侵權及妨害風化移送案件共4件及廣電法核處案件計17件。
另財團法人電影及錄影著作保護基金會根據該局查察取締資料,逕行移送偵辦案件,計有涉嫌侵害著作權案件9件。

1.Results of the Government Information Office Investigations of the Videotape Rental Industry in April 2000
In April 2000, the Government Information Office and local government agencies jointly made 120 investigations of MTV parlors. (Fifty-four of these investigations were made after 8 p.m.) They also made 210 investigations of video rental shops and 46 investigations of other business establishments. These investigations resulted in the seizure of 13,057 illegal videotapes, 1,698 illegal laser discs, and 62 videotapes which had exceeded the dates of their authorization. Four cases were referred to district courts on suspicion of violating copyright law and public morals. Seventeen cases were subject to administrative sanctions under the Broadcasting and Television Law.
In addition, nine cases were referred by the Foundation for the Protection of Film and Video Works and the Film Industry Anti-Piracy Working Committee to prosecutors on suspicion of copyright infringement on the basis of information supplied by the GIO.
 
2.新聞局八十九年五月份查獲二十七家次違規第四台
八十九年五月份行政院新聞局及省市政府有關單位查察取締有線電視播送系統業(第四台)共219家次(其中晚間8時以後查察取締55家次),分別是機房查驗73家次及側錄146家次;側錄則分別查獲5及22家次違反節目及廣告等行政法規。
此外,處理民眾申訴反映案件計335件,分別是違反節目、廣告、費用及權利保護等相關規定,各為28、50、56及201件。

2.Government Information Office Uncovers 27 Illegal Cable TV Stations in May 2000
In May 2000, the GIO and county and city agencies jointly investigated 219 cable TV operators (channel 4s). (Fifty-five of these investigations were made after 8 p.m.) The investigations included 73 investigations of primary broadcast facilities and 146 investigations of secondary broadcast facilities. Five secondary broadcast facilities and 22 secondary broadcast facilities were suspected of violating programming and advertising regulations respectively.
The GIO also handled 335 cases of consumer complaints alleging violations by cable TV operators This total included 28 programming cases; 50 advertising cases, 56 subscription fee cases, and 201 right respectively cases.
 
3.查禁仿冒商品小組八十九年三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,八十九年三月該組計查核出口商品商標產地案件33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48件及50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5件。


此外,是項期間該組聯合警調機關查緝86件仿冒案件,另協調各地警調機關之查緝行動各查獲18件仿冒商標案件及乙件侵害專利權案件。而查獲之仿冒品市價總值約557,292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2件。另參加查緝仿冒或智財權相關會議計乙次。

3.Work by the Anti-Counterfeiting Committee in March 2000
According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in March 2000 investigated 33 trademark and place-of-origin cases involving the export of goods. Of these 33 cases, 48 were handled by the ACC internally and 50 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 5 were referred to other administrative agencies.
In addition, working in close cooperation with prosecutors, police, and investigators, the ACC coordinated raids in 86 IPR infringement cases. The ACC also assisted with 18 counterfeit trademark raids and 1 patent infringement raids. The raids resulted in the seizure of counterfeit goods worth NT$557,292.
In March 2000, the ACC also assisted the China External Trade Development Council to verify that products from Taiwan companies selected for 2 overseas exhibitions did not infringe intellectual property rights. The ACC also participated in 1 meetings related to counterfeit raids and intellectual property.

4.警政署八十九年三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,該署八十九年三月依涉嫌侵害智慧財產權而移送法辦之案件計318件(350人),分別為涉嫌仿冒商標案件142件(153人)、侵害專利權案件20件(26人)與侵害著作權案件156件(171人)(含涉美案件2件2人)。而查獲之仿冒商品市價估值為新台幣1,501,711,741元。

4.Results of IPR Protection Work by the National Police Administration in March 2000
In March 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 318 cases involving 350 defendants to district court prosecutors on suspicion of infringement. Of these 318 cases, 153 defendants in 142 cases were suspected of trademark infringement, 26 defendants in 20 cases were suspected of patent infringement, and 171 defendants in 156 cases were suspected of copyright infringement. Two defendants in 2 cases were suspected of infringing U.S.-owned copyright. The market value of counterfeit products seized during the investigations was estimated to be NT$1,501,711,741.
 
5.海關八十九年第一季查獲出口貨物商標申報不符案件處理情形
根據海關八十九年一月至三月份查獲出口貨物商標申報不符案件處理情形統計資料披露:運動器材准予放行(或具結放行)者7件。汽車零件准予放行(或具結放行)者4件。化菻~責令退關者2件。電腦產品准予放行(或具結放行)者9件及依法查扣者4件。CD唱片准予放行(或具結放行)者3件及依法查扣者乙件。塑膠製品准予放行(或具結放行)者4件。紡織品准予放行(或具結放行)者5件及責令退關者2件。電子零件准予放行(或具結放行)者7件。其他貨品之准予放行(或具結放行)、責令退關、依法查扣及其他者分別計有46件、5件、5件及2件。

5.Results of Customs Inspections of Trademark Export Declarations in the First Quarter of 2000
Customs recently released results of its inspections of inaccurate trademark export declarations for the first quarter of 2000. The following list details the number of cases in which the goods were released with authorization or on bond.
Sporting goods. 7 cases.
Automotive spare parts. 4 cases.
Cosmetics. 3 cases export not allowed.
Computer goods. 9 cases, 4 cases goods seized.
Compact audio disks. 3 cases, 1 case goods seized.
Plastic goods. 4 cases.
Textiles. 5 cases, 2 cases export not allowed.
Electronic spare parts. 7 cases.
Other products. 46 cases; 5 cases export not allowed, 5 cases good seized, two other.
 
6.IFPI八十九年三月份執行反盜錄工作成效
依據財團法人國際唱片業交流基金會(IFPI, Members' Foundation in Taiwan)就有聲出版品之取締及其真品平行輸入之處理的統計資料披露,八十九年三月該會處理海關執行著作物真品平行輸入交付查證之案件計有8件,經查證無侵權案件。
另外,IFPI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77件,共查扣15,659卷盜版卡帶、65,975片盜版CD、659片MP3、1,090片CD-R、36片VCD及機械設備與半成品乙批。

6.Results of Work by the IFPI in March 2000
The International Federation of the Phonographic Industry, Members' Foundation in Taiwan (IFPI) recently released statistics on its anti-piracy efforts regarding audio works for March 2000. Of the eight parallel import cases referred to it by Customs, the IFPI determined that none of the cases involved suspected copyright infringement.
In addition, the IFPI assisted police agencies with 77 investigations of suspected infringement of audio works. These investigations resulted in the seizure of 15,659 pirated cassettes, 65,975 pirated compact disks, 659 MP3, 1,090 CD-R, 36 VCDs, equipment, and semi-finished goods.
 
7.八十九年三月份侵害智慧財產權判決確定案件判處一年以上者有十九人
依據法務部統計資料指出,八十九年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174人,其中判處有期徒刑、拘役或罰金之有罪科刑判決共72人;有罪科刑判決中,處六月以下者43人(含涉美案件3人),處逾六月一年未滿者3人,處一年以上二年未滿者19人,處拘役者6人。

7.Taiwan Courts Sentence 19 Persons to at Least One Year in IPR Cases in March 2000
According to statistics released by the Ministry of Justice, of 174 defendants in copyright, trademark, and patent infringement cases in March 2000, 72 persons were sentenced to jail terms, received detention or were fined. Of the defendants sentenced to jail terms, 43 persons were sentenced to less than six months. Of these 43 persons, 3 were convicted of infringing U.S.-owned intellectual property. Three persons were sentenced to no less than six months but no more than one year while 19 persons were sentenced to no less than one year but no more than two years. Six persons received detention.
  
8.廿一世紀資訊網路法制國際研討會
為規範廿一世紀網路獨占事業、隱私權、犯罪、智財權及管轄權等相關事項,及掌握其脈動與發展趨勢,司法院、最高法院、經濟部智慧財產局(以下簡稱智慧局)、世新大學法學院及中華民國法官協會等於本(八十九)年六月十七日假最高法院合辦「廿一世紀資訊網路法制國際研討會」。
智慧局陳局長明邦於會中致詞表示,該局為因應高科技網路世代,於八十八年成立著作權法修正諮詢委員會,該委員會將完成下列四大目標:
(1)增訂資訊網路公開傳播權,加強著作權人保護。
(2)建構Internet合理使用空間。
(3)科技保護規範。
(4)釐清ISP業者應負之責任。

8.A Seminar on Internet Legal Related Issues
The Judicial Yuan, Supreme Court, Intellectual Property Office, law institute of Shih Hsin University, and the ROC Judges Association jointly sponsored a seminar on Internet legal related issues on 17 June 2000 at the Supreme Court. Among the issues covered at the seminar were the relationships between the Internet privacy, crime, intellectual property, and jurisdictional questions. The seminar also addressed broader issues of the development of the Internet and possible trends.
IPO Director Chen Ming-bang stated in opening remarks to the seminar that in order to meet the age of the Internet, the IPO formed a committee last year charged with revising the Copyright Law. He said that this committee has the following four principle tasks:
a. Adding a right of public broadcast over the Internet in order to increase the protection of rights of copyright holders;
b. Establishing provisions governing the reasonable use of the Internet;
c. Providing for the protection of science and technology; and
d. Clarifying the responsibilities of Internet service providers.