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| 八卷十七期 89年09月16日 |
本 期 提 要HEADLINES |
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行 政 報 導 Administrative Measures and Enforcement 1.查禁仿冒商品小組八十九年五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，八十九年五月該組計查核出口商品商標產地案件59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56件及18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31件及35件。 此外，是項期間該組聯合警調機關查緝90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17,796,213元。另抽驗國內廠商參加國際商展展品有無仿冒之案件有3件，參加查緝仿冒或智財權相關會議計2次。 另外，第二期Ｋ計劃已於四月廿一日開始執行，至五月卅一日止共查獲涉嫌侵害智財權案件132件（139人），仿冒品市值約12億900萬餘元。 Work by the Anti-Counterfeiting Committee in May 2000 According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in May 2000 investigated 59 new trademark and place-of-origin cases involving the export of goods. During this month, 56 cases were handled by the ACC internally and 18 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, 31 were handled by the ACC and 35 were referred to other administrative agencies. Working in close cooperation with prosecutors, police, and investigators, the ACC coordinated raids in 90 IPR infringement cases during May 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$17,796,213. The ACC also assisted the China External Trade Development Council to verify that products from Taiwan companies selected for 3 overseas exhibitions did not infringe intellectual property rights. The ACC also participated in 2 meetings related to counterfeit raids and intellectual property during May 2000. In addition, the second phase of the "K Plan' crackdown began on 21 April. Through 31 May 2000. The enforcement action resulted in 132 cases of suspected infringement of intellectual property involving 139 persons. The street value of the counterfeit goods seized was estimated to be NT$1.29 billion. 2.警政署八十九年五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，該署八十九年五月依涉嫌侵害智慧財產權而移送法辦之案件計336件（399人），分別為涉嫌仿冒商標案件74件（88人）、侵害專利權案件18件（22人）與侵害著作權案件244件（289人），而涉外著作權案件計6件8人，其中涉美案件4件5人。而查獲之仿冒商品市價估值為新台幣1,019,829,330元。 Results of IPR Protection Work by the National Police Administration in May 2000 In May 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 336 cases involving 399 defendants to district court prosecutors on suspicion of infringement. Of these 336 cases, 88 defendants in 74 cases were suspected of trademark infringement, 22 defendants in 18 cases were suspected of patent infringement, and 289 defendants in 244 cases were suspected of copyright infringement. Eight defendants in six cases were suspected of infringing foreign-owned copyright, of which five defendants in four cases were suspected of infringing U.S.-owned copyright. The street value of counterfeit products seized during the investigations was estimated to be NT$1,019,829,330. 3.IFPI八十九年五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的統計資料披露，八十九年五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92件，包括夜市攤販80件、倉庫1件、門市1件、MP3販賣5件及CD-R販賣5件，共查扣19,271卷盜版卡帶、28,543片盜版CD、478片MP3、1,784片CD-R、50片VCD及機械設備與半成品乙批，市場評估損失約44,333,150元。此外，五月份查獲涉嫌侵害著作權而移送偵辦之嫌疑犯計112人。 該基金會自本（八十九）年四月起，停止協助海關作有聲出版品之平行進口審核。 Results of Work by the IFPI in May 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 May 2000. The IFPI assisted police agencies with 92 investigations of suspected infringement of audio works. Of these 92 investigations, 80 occurred at street vendors at night markets, one warehouse, one retail sales, five sellers of MP3 goods, and five sellers of CD-ROMs. These investigations resulted in the seizure of 19,271 pirated cassettes, 28,543 pirated compact disks, 478 MP3, 1,784 CD-ROMs, 50 VCDs, and equipment and semi-finished goods. The estimated street value of the seized products was NT$44,333,150. In addition, cases involving 112 defendants were referred to district court prosecutors resulting from copyright infringement investigations conducted in May 2000. The IFPI in April 2000 suspended its cooperation with Customs to investigate suspected cases of parallel imports of audio works. 司 法 報 導 Judicial Report 4.台灣各地方法院檢察署辦理侵害智財權案件情形 依據法務部高檢署統計資料，將本（八十九）年上半年，侵害智慧財產權案件偵辦、裁判確定及執行情形彙整及表述如下： (1)八十九年上半年偵辦侵害智慧財產權案件情形： ヾ偵查新收3,433件，比八十八年上半年增加873件；以罪名分析，此類案件大多為違反著作權法，計2,335件佔68.02%，違反商標法851件，佔24.79%，違反專利法247件，佔7.19%。 ゝ偵查終結2,829件（被告3,684人），比八十八年上半年增加831件（被告增加801人），其中起訴被告1,503人，佔偵查終結被告人數40.80%；起訴案件有具體求刑者65件，佔起訴件數4.88%。（詳細資料如附表一） (2)八十九年上半年侵害智慧財產權案件裁判確定及執行情形： ヾ裁判確定被告人數1,141人，比八十八年上半年增加251人，其中判決一年以上者94人，一年以下逾六月者34人，六月以下357人，拘役47人，罰金19人，科刑率為48.29%，比八十八年上半年之38.09%，增加10.2%。（詳細資料如附表二） ゝ已執行判決有罪案件292件，被告323人（比八十八年上半年增加86件，被告增加107人），其中判決有期徒刑及拘役得易科罰金者261件（被告292人），執行結果：准易科罰金繳清者274人，佔得易科罰金人數93.84%，不准易科罰金者1人，佔得易科罰金人數0.34%。（註：全部已執行有罪刑事案件准易科罰金者佔得易科罰金總人數82.84%，不准易科罰金者僅佔0.04%）。（詳細資料如附表三） Statistics on IPR Investigations by District Court Prosecutors in the First Six Months of 2000 According to information provided by the Ministry of Justice, statistics on IPR-related investigations by Taiwan District Court prosecutors, indictments, affirmed sentences, and converted sentences for the first six months are as follows: a. Actions by Taiwan District Court Prosecutors in IPR Cases i. District Court prosecutors received 3,433 new IPR-related cases in the first half of 2000, an increase of 873 cases compared to the same period of the prior year. Of the new cases, 2,335 (68.02%) involved copyrights, 851 (24.79%) trademarks, and 247 (7.19%) patents. ii. Prosecutors concluded investigations on a total of 2,829 cases, involving 3,684 suspects, an increase of 831 cases and 801 suspects from a year earlier. Of the 3,684 suspects, indictments were handed down for 1,503 (40.80%) persons. Convictions were obtained against 65 (4.88%) of these indictment cases. (Please refer to table 1) b. Affirmed Decisions and Sentence Conversions in IPR-related Cases i. There were 1,141 defendants in IPR-related cases that were affirmed in the first six months of 2000. No further appeals are allowed in these cases. The number was an increase of 251 defendants from a year earlier. Of these 1,141 defendants, 94 persons were convicted and sentenced to at least one year. Thirty-four were sentenced to more than six months but less than one year, with 357 defendants sentenced to six months or under. A total of 47 persons were sentenced to detention while 19 were fined. Of the total number of those convicted in the first six months of 2000, 48.29% received jail terms, detention, or fines, or an increase of 10.2 percentage points over the figure of 38.09% of a year earlier. (Please refer to table 2) ii. Decisions for a total of 292 cases involving 323 defendants were enforced in the first six months of 2000. These figures are increases of 86 cases and 107 defendants from a year earlier. Of the cases in the first six months of 2000, 261 cases were enforced for 292 defendants sentenced to six months or under, or detention. In these cases, defendants could apply to convert their sentences to fines. Of these cases, 274 persons (93.84%) were allowed to convert their sentences to fines, while an application for 1 person (0.34%) was denied. (Note: For all criminal cases in the same period, 82.84% of defendants were eligible to convert sentences and only 0.04% of applications to convert sentences were denied.) (Please refer to table 3) |