卷十四期 89年07月31日

本 期 提 要HEADLINES

1.新聞局八十九年六月份查獲十五家次違規第四台
1.Government Information Office Uncovers 15 Illegal Cable TV Stations in June 2000
2.新聞局八十九年五月份查扣違法錄影節目帶業成果
2.Results of the Government Information Office Investigations of the Videotape Rental Industry in May 2000
3.查禁仿冒商品小組八十九年四月執行保護智財權工作成效
3.Work by the Anti-Counterfeiting Committee in April 2000
4.警政署八十九年四月份保護智財權工作成果
4.Results of IPR Protection Work by the National Police Administration in April 2000
5.海關八十九年第二季查獲出口貨物商標申報不符案件處理情形
5.Results of Customs Inspections of Trademark Export Declarations in the second quarter of 2000
6.IFPI八十九年四月份執行反盜錄工作成效
6.Results of Work by the IFPI in April 2000
7.FVWP八十九年第二季反盜錄工作成果
7.Results of Work by the Foundation for the Protection of Film and Video Works in the Second Quarter of 2000
8.八十九年一至三月侵害著作權判決確定案件,判處一年以上人數計三十人
8.Courts Sentence 30 Persons to Terms of One Year of More in Copyright Cases During First Quarter of 2000
9.八十九年四月份侵害智慧財產權判決確定案件判處一年以上者有二十人
9.Courts Sentence 20 Persons to at Least One Year in IPR Cases in April 2000


1.新聞局八十九年六月份查獲十五家次違規第四台
八十九年六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180家次(其中晚間8時以後查察取締54家次),分別是機房查驗73家次,其中查獲乙家次及2家次違反廣告及權利保護等法規,而側錄則查驗107家次,查獲12家次違反廣告法規。
此外,處理民眾申訴反映案件計358件,分別是涉嫌違反節目、廣告、費用及權利保護等相關規定,各為30、35、63及230件。

1.Government Information Office Uncovers 15 Illegal Cable TV Stations in June 2000
In June 2000, the Government Information Office (GIO) and county and city agencies jointly investigated 180 cable TV operators (channel 4s). (Fifty-four of these investigations were made after 8 p.m.) The investigations included 73 investigations of primary broadcast facilities and 107 investigations of secondary broadcast facilities. Two primary broadcast facilities were suspected of infringing copyrights. One primary broadcast facility and 12 secondary broadcast facilities were suspected of violating advertising regulations.
The GIO also handled 358 cases of consumer complaints alleging violations by cable TV operators This total included 30 programming cases; 35 advertising cases, 63 subscription fee cases, and 230 copyright cases.

2.新聞局八十九年五月份查扣違法錄影節目帶業成果
八十九年五月份行政院新聞局及地方政府共查察及取締MTV 127家次(其中晚間8時以後查察取締50家次)、錄影節目帶租售店283家次、其他43家次;共計查扣違法影碟755片、逾權節目帶10卷;依侵權及妨害風化移送案件者乙件及廣電法核處案件計25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2件。

2.Results of the Government Information Office Investigations of the Videotape Rental Industry in May 2000
In May 2000, the Government Information Office (GIO) and local government agencies jointly made 127 investigations of MTV parlors. (Fifty of these investigations were made after 8 p.m.) They also made 283 investigations of video rental shops and 43 investigations of other business establishments. These investigations resulted in the seizure of 755 illegal laser disks and 10 videotapes which had exceeded the dates of their authorization. One cases was referred to district courts on suspicion of violating copyright laws and public morals. Twenty-five cases were subject to administrative sanctions under the Broadcasting and Television Law.
In addition, two 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.

3.查禁仿冒商品小組八十九年四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,八十九年四月該組計查核出口商品商標產地案件21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23件及25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14件及12件。

此外,是項期間該組聯合警調機關查緝66件仿冒案件,另協調各地警調機關之查緝行動各查獲20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17,424,351元。另參加查緝仿冒或智財權相關會議計2次。

此外,第二期K計劃已於4月21日開始執行,至4月30日止共查獲涉嫌侵害智財權案件46件(49人),仿冒品市值約5億9,000萬元。

3.Work by the Anti-Counterfeiting Committee in April 2000
According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in April 2000 investigated 21 new trademark and place-of-origin cases involving the export of goods. During this month, 23 cases were handled by the ACC internally and 25 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, 14 were handled by the ACC and 12 were referred to other administrative agencies.
Working in close cooperation with prosecutors, police, and investigators, the ACC coordinated raids in 66 IPR infringement cases during April 2000. The ACC also assisted with 20 counterfeit trademark raids and 1 patent infringement raid. The raids resulted in the seizure of counterfeit goods worth NT$17,424,351. The ACC also participated in 3 meetings related to counterfeit raids and intellectual property.
In addition, the second phase of the "K Plan" crackdown was held from 21 April through 30 April 2000. The enforcement action resulted in 46 cases of suspected infringement of intellectual property involving 49 persons. The street value of the counterfeit goods seized was estimated to be NT$590 million.

4.警政署八十九年四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,該署八十九年四月依涉嫌侵害智慧財產權而移送法辦之案件計248件(296人),分別為涉嫌仿冒商標案件55件(63人)、侵害專利權案件16件(30人)與侵害著作權案件177件(203人)(含涉外案件14件16人,其中涉美案件9件10人)。而查獲之仿冒商品市價估值為新台幣30,023,350元。

4.Results of IPR Protection Work by the National Police Administration in April 2000
In April 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 248 cases involving 296 defendants to district court prosecutors on suspicion of infringement. Of these 248 cases, 55 defendants in 63 cases were suspected of trademark infringement, 16 defendants in 30 cases were suspected of patent infringement, and 177 defendants in 203 cases were suspected of copyright infringement. Sixteen defendants in 14 cases were suspected of infringing foreign-owned intellectual property, of which 10 defendants in 9 cases were suspected of infringing U.S.-owned intellectual property. The street value of counterfeit products seized during the investigations was estimated to be NT$30,023,350.

5.海關八十九年第二季查獲出口貨物商標申報不符案件處理情形
根據海關八十九年四月至六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8件。汽車零件准予放行(或具結放行)、責令退關及依法查扣者各有3件、3件及2件。化菻~准予放行(或具結放行)者3件。電腦產品准予放行(或具結放行)、責令退關及依法查扣者各有11件、2件及乙件。光碟產品准予放行(或具結放行)、責令退關及依法查扣者各有1件、2件及5件。塑膠製品准予放行(或具結放行)者5件。紡織品准予放行(或具結放行)者11件及責令退關者1件。電子零件准予放行(或具結放行)者6件及責令退關者1件。其他貨品之准予放行(或具結放行)、責令退關及依法查扣者分別計有82件、19件及16件。

5.Results of Customs Inspections of Trademark Export Declarations in the second quarter of 2000
Customs recently released results of its inspections of inaccurate trademark export declarations for the second three months of 2000. The following list details the number of cases in which the goods were released with authorization or on bond.
a. Sporting goods. 8 cases.
b. Automotive spare parts. 3 cases, 3 cases export not allowed, 2 cases goods seized.
c. Cosmetics. 3 cases.
d. Computer goods. 11 cases, 2 cases export not allowed, 1 case goods seized.
e. Compact disks. 1 case, 2 cases export not allowed, 5 cases goods seized.
f. Plastic goods. 5 cases.
g. Textiles. 11 cases, 1 case export not allowed.
h. Electronic spare parts. 6 cases, 1 case export not allowed.
i. Other products. 82 cases; 19 cases export not allowed, 16 cases good seized.

6.IFPI八十九年四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,八十九年四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61件,共查扣8,195卷盜版卡帶、20,990片盜版CD、784片MP3、1,843片CD-R、1片VCD及機械設備與半成品乙批,市場評估損失約31,130,050元。此外,三月份查獲涉嫌侵害著作權而移送法辦之嫌疑犯計64人。

6.Results of Work by the IFPI in April 2000
The International Federation of the Phonographic Industry, Members' Foundation in Taiwan (IFPI) recently released statistics on its anti-piracy efforts regarding audio works and parallel imports for April 2000. The IFPI assisted police agencies with 61 investigations of suspected infringement of audio works. These investigations resulted in the seizure of 8,195 pirated cassettes, 20,990 pirated compact disks, 784 MP3, 1,843 CD-R, 1 VCD, equipment, and semi- finished goods. The estimated street value of the seized products was NT$31,130,050. In addition, cases involving 64 defendants were referred to district court prosecutors resulting from copyright infringement investigations conducted in March 2000.

7.FVWP八十九年第二季反盜錄工作成果
根據財團法人電影及錄影著作保護基金會(FVWP)就視聽著作物之調查、取締及其真品平行輸入之處理的統計資料指出,八十九年四至六月該會受理海關執行視聽著作物真品平行輸入交付查詢之案件計有5件,查詢結果無疑似未經合法授權之案件。
是項期間,FVWP並針對錄影帶出租店、MTV視聽中心、影碟(LD)交換中心及第四台等進行了240件調查,另會同行政院新聞局等相關政府機關執行218件取締工作,共計查扣錄影帶、影碟、VCD、DVD等8,928卷(片)。
此外,FVWP代理美國電影協會(MPAA)的會員公司向我國法院提起26件訴訟案。

7.Results of Work by the Foundation for the Protection of Film and Video Works in the Second Quarter of 2000
From April through June 2000, the Foundation for the Protection of Film and Video Works (FVWP) reviewed 5 cases of suspected parallel importation of copyrighted audio-visual works referred to the FVWP by Customs. The FVWP's opinion was that the importers in none of these cases failed to obtain properly authorization from the copyright holders to import the works into Taiwan.
In addition, the FVWP conducted 240 investigations of video rental stores, MTV parlors, laser disk exchange centers, and cable television stations during this period. The FVWP also carried out 218 raids with the assistance of the Government Information Office and related agencies. These raids resulted in the seizure of 8,928 video cassettes, laser disks, VCDs and DVDs.
Finally, in the second quarter of 2000 the FVWP represented member companies of the Motion Picture Association of America in 26 lawsuits filed in Taiwan.

8.八十九年一至三月侵害著作權判決確定案件,判處一年以上人數計三十人
根據法務部統計資料披露,八十九年一至三月台灣各地方法院暨分院檢察署執行違反著作權法案件裁判確定有罪人數共113人,其中判處六月以下者69人、逾六月一年未滿者13人、一年以上二年未滿者30人。

8.Courts Sentence 30 Persons to Terms of One Year of More in Copyright Cases During First Quarter of 2000
According to statistics released by the Ministry of Justice, from January through March 2000, 113 persons were convicted of Copyright Law violations under indictments issued by Taiwan district court prosecutors. Of these 113 persons, 69 received prison terms of six months or less. Thirteen persons were sentenced to at least six months but no more than one year, and 30 persons were sentenced to at least one year but no more than two years.

9.八十九年四月份侵害智慧財產權判決確定案件判處一年以上者有二十人
依據法務部統計資料指出,八十九年四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184人,其中判處有期徒刑、拘役或罰金之有罪科刑判決共99人;有罪科刑判決中,處六月以下者59人(含涉美案件5人),處逾六月一年未滿者4人,處一年以上二年未滿者20人,處拘役者12人。

9.Courts Sentence 20 Persons to at Least One Year in IPR Cases in April 2000
According to statistics released by the Ministry of Justice, of 184 defendants in copyright, trademark, and patent infringement cases in April 2000, 99 persons were sentenced to jail terms, received detention or were fined. Of the defendants sentenced to jail terms, 59 persons were sentenced to less than six months. Of these 59 persons, 5 were convicted of infringing U.S.-owned intellectual property. Four persons were sentenced to no less than six months but no more than one year while 20 persons were sentenced to no less than one year but no more than two years. Twelve persons received detention.