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| 八卷十九期 89年10月16日 |
本 期 提 要HEADLINES |
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1.中英專利優先權互惠自本（八十九）年五月二十四日起生效 經濟部智慧財產局日前公告中英智財權相互承認合作辦法，英國人向我國主張專利優先權者，自本（八十九）年三月二十日起實施在案；惟據我國駐英國代表處查復，因英方配合修訂其公告國家名單，致延至八十九年五月二十四日始完成專利優先權之公告生效程序，基於對等及互惠原則，該局受理英方專利申請案之優先權生效日期，延至本（八十九）年五月二十四日實施。 Taiwan, U.K. Patent Priority
Implemented The Intellectual Property Office (IPO) recently announced that patent priority was extended to United Kingdom nationals as of 24 May 2000. The United Kingdom had originally granted priority to Taiwan nationals on 20 March 2000, but did not complete procedural requirements until 24 May 2000 by formally adding Taiwan to its list of nations that were eligible for patent priority. Based upon the principle of reciprocity, the IPO therefore determined the date for determining the grant of priority for patent applications filed by United Kingdom nationals to be 24 May 2000. 商標不請求專用制度，自民國八十一年公告施行，至今已將近八年之久，三年前商標主管單位內部亦訂有相關審查原則，惟執行商標法施行細則第二十八條規定條文時，申請人對於在什麼情況下不能聲明不專用或須聲明不專用？要如何聲明？似乎有一些誤解，經濟部智慧財產局認有將該審查原則訂定聲明不專用審查要點，以供內部審查人員共同遵循適用及申請人參考必要。該局爰參酌美國相關審查原則及其實務認定標準，再行檢視與我國實務審查原則之差異及比較，擬訂本要點草案。 本要點從聲明不專用制度之目的到其整體適用作詳細的規定，主要內容包括(1)聲明不專用制度之目的。(2)不得聲明不專用之情形。(3)具備商標法第五條第二項情形不須聲明不專用之情形。(4)「單一性商標」(unitary mark)不須聲明不專用情形。而單一性商標係指商標圖樣中說明性或不具識別性之文字與其他文字相結合，而整體具識別性且呈現不可分割之單一印象者。 該局為徵求各界卓見，並於本（八十九）年八月廿四日召開是項草案公聽會，俾使草案更益妥善。 IPO Drafts Guidelines on
Non-Exclusivity of Trademarks In 1992, Taiwan implemented a system of non-exclusivity of trademarks. Three years ago, the competent authority for trademarks drafted examination principles for non-exclusive marks. In the course of enforcing the applicable regulation governing non-exclusivity—Article 28 of the Enforcement Rules of the Trademark Law—questions have arisen regarding the situations when applicants may not declare non-exclusivity, and when they must declare non-exclusivity. Also left unresolved were the procedures required to declare non-exclusivity. In order to address these issues, the Intellectual Property Office (IPO) has drafted examination guidelines to assist trademark examiners and applicants on matters regarding declaration of non-exclusive marks. The IPO referred to comparable regulations and trademark practice in the United States as well as Taiwan's particular experience when drafting the examination guidelines. The IPO held a public hearing on 24 August 2000 to gather comments on the draft guidelines. The principle contents of the guidelines are the following: i. Purpose of the non-exclusive system; ii. Conditions when non-exclusivity may not be declared; iii. Conditions when marks which are deemed as having distinctiveness under Article 5-2 of the Trademark Law are not required to declare non-exclusivity; and iv. Conditions when unitary marks
are not required to declare non-exclusivity. "Unitary marks" means
trademark designs that combine words that are descriptive or non-distinctive
with other words, but the designs taken as a whole are distinctive and
cannot be separated into individual images. Administrative Measures and Enforcement 3.我政府加強取締仿冒 經濟部智慧財產局鑒於不法業者之仿冒及盜版行為確嚴重影響權利人合法權益，且對我國際形象造成極大傷害，經洽內政部警政署同意，採取下列兩項措施： (1)由保二總隊規劃階段性專責警力任務編組，自八十九年九月一日起配合執行取締侵害智慧財產權案件。 (2)請各地警察機關自本（八十九）年九月一日起規劃專案勤務，針對轄區內非法生產盜版品之地下工廠、行銷市場之各門市、夜市及各重點商圈市場，規劃專責警力及每月專案取締勤務二次（上下半月各乙次）。 另為打擊不法業者，該署要求各警政單位於八十九年九月八、九、十日規劃專案查緝侵害智慧財產權案件，計查獲一六二件，查扣盜版光碟、錄影帶、仿冒皮件等物品計值新台幣一億七千八百五十一萬餘元。 Government Cracks Down on
Counterfeiting The Intellectual Property Office (IPO) and the National Police Administration (NPA) recently adopted two measures aimed at combating counterfeiting in Taiwan. The measures are intended to protect the rights of intellectual property owners and prevent harm to the international image of the country that results from counterfeiting. The two measures are as follows: a. The NPA's Second Police Group formed specialized units that began assisting with intellectual property infringement cases on 1 September 2000. b. The NPA instructed local police authorities to form specialized units by 1 September 2000 to carry out raids twice per month on retail outlets, night markets, and underground factories selling or producing pirated goods. In order to deal a large blow to
illegal industries, the NPA required each local police authority on 8, 9,
and 10 September 2000 to carry out raids against firms suspected of
infringing intellectual property rights. A total of 162 raids were
conducted, resulting in the seizure of pirated laser disks, pirated
videotapes, and counterfeit leather products worth a total of
NT$178,510,000. 八十九年七月份行政院新聞局及地方政府有關單位共查察及取締MTV 90家次（其中晚間8時以後查察取締63家次）、錄影節目帶租售店200家次、其他26家次；共計查扣違法錄影節目帶2,264卷、影碟354片、逾權節目帶18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18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3件。 Results of the Government Information Office
Investigations of the Video Rental Industry in July 2000 In July 2000, the Government Information Office (GIO) and local government agencies jointly made 90 investigations of MTV parlors. (Sixty-three of these investigations were made after 8 p.m.) They also made 200 investigations of video rental shops and 26 investigations of other business establishments. These investigations resulted in the seizure of 2,264 illegal videotapes, 354 illegal laser disks, and 18 videotapes that had exceeded their dates of authorization. One case was referred to a district court on suspicion of violating rights and public morals. Eighteen cases were subject to administrative sanctions under the Broadcasting and Television Law. In addition, three 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. 5.新聞局八十九年七月份查獲廿五家次違規有線電視(播送)系統業 八十九年七月份行政院新聞局及地方政府有關單位查察取締有線電視(播送)系統業共180家次（其中晚間8時以後查察取締53家次），分別是機房查驗53家次，分別查獲2家次違反廣告、乙家次違反費用及2家次違反權利保護等法規，而側錄則查驗127家次，查獲20家次違反廣告法規。 此外，處理民眾申訴反映案件計314件，事由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21、42、69及182件。 Government Information Office Uncovers 25 Illegal Cable TV
Stations in July 2000 In July 2000, the Government Information Office (GIO) and local government agencies jointly investigated 180 cable TV operators. (Fifty-three of these investigations were made after 8 p.m.) The investigations included 53 investigations of primary broadcast facilities, of which two were suspected of violating advertising regulations, one was suspected of violating subscription fee regulations, and two were suspected of infringing rights. The 180 investigations also included 127 investigations of secondary broadcast facilities, of which 20 were suspected of violating advertising regulations. The GIO also handled 314 cases of
consumer complaints alleging violations by cable TV operators in July 2000.
This total included 21 programming complaints, 42 advertising complaints, 69
subscription fee cases, and 182 right protection cases. 依據經濟部查禁仿冒商品小組統計資料披露，八十九年七月該組計查核出口商品商標產地案件32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64件及59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19件及12件。 此外，是項期間該組聯合警調機關查緝8件仿冒案件，另協調各地警調機關之查緝行動各查獲25件仿冒商標案件，而查獲之仿冒品市價總值約16,045,886元。另抽驗國內廠商參加國際商展展品有無仿冒之案件有乙件，參加查緝仿冒或智財權相關會議有乙次。 Work by the Anti-Counterfeiting Committee in July 2000 According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in July 2000 investigated 32 new trademark and place-of-origin cases involving the export of goods. During this month, 64 cases were handled by the ACC internally and 59 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, 19 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 eight
IPR infringement cases during July 2000. The ACC also assisted with 25
counterfeit trademark raids. The raids resulted in the seizure of
counterfeit goods worth NT$16,045,886. The ACC also assisted the China
External Trade Development Council to verify that products from Taiwan
companies selected for an overseas exhibition did not infringe intellectual
property rights. The ACC also participated in one meeting related to
counterfeit raids and intellectual property during July 2000. 茲據內政部警政署統計資料指出，該署八十九年七月依涉嫌侵害智慧財產權而移送法辦之案件計307件（345人），分別為涉嫌仿冒商標案件52件（57人）、侵害專利權案件10件（14人）與侵害著作權案件245件（274人），而涉外著作權案件計19件22人，其中涉美案件6件6人。而查獲之仿冒商品市價估值為新台幣6,108,330元。 Results of IPR Protection Work by the National Police
Administration in July 2000 In July 2000, the National Police
Administration handled IPR-related investigations resulting in the referral
of 307 cases involving 345 defendants to district court prosecutors on
suspicion of infringement. Of these 307 cases, 57 defendants in 52 cases
were suspected of trademark infringement, 14 defendants in 10 cases were
suspected of patent infringement, and 274 defendants in 245 cases were
suspected of copyright infringement. Twenty-two defendants in 19 cases were
suspected of infringing foreign-owned intellectual property, of which 6
defendants (6 cases) involved U.S.-owned intellectual property. The street
value of counterfeit products seized during the investigations was estimated
to be NT$6,108,330. Judicial Report 8.八十九年七月份侵害智慧財產權判決確定案件判處一年以上者有十四人 依據法務部統計資料指出，八十九年七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198人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共98人；有罪科刑判決中，處六月以下者66人（含涉美案件6人），處逾六月一年未滿者7人，處一年以上二年未滿者14人，處拘役者7人。 Courts Sentence 14 Persons to at Least One Year in IPR Cases in July 2000 According to statistics released by the Ministry of Justice, of 198 defendants in copyright, trademark, and patent infringement cases in July 2000, 98 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 66 persons were sentenced to less than six months. Of these 66 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. Fourteen persons were sentenced to no less than one year but no more than two years. Seven persons received detention. |