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| 八卷二十期 89年10月31日 |
本 期 提 要HEADLINES |
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法 規 報 導 Laws and
Regulations 為建立發展電子商務之基礎法制，經建會所規劃的「發展台灣成為全球運籌管理中心計畫」，已將「電子簽章法」列為優先推動法案，經建會並對目前已在立法院待審的五種「電子簽章法草案」版本進行研析，將建議經濟部及研考會先與業界及學界，就憑證機構之管理規範，先行取得一定共識，以利加速本法之推動進度，如期於今年十二月底完成立法程序。 Quick
Passage Expected for Electronic Signature Law The Cabinet-level Council for
Economic Planning and Development (CEPD) has targeted passage of the
Electronic Signature Law as one of its priorities this legislative session.
The law is part of the effort to promote Taiwan as global operations center.
The Legislative Yuan is currently considering five rival versions of the
Electronic Signature Law. The CEPD has studied the five versions and
recommended that the Ministry of Economic Affairs and the Research,
Development and Evaluation Commission reach a consensus with industry and
scholars on how certification agencies should be governed. A consensus is
expected to speed approval of the law by the end of December 2000. Administrative
Measures and Enforcement 2.電腦程式相關產品出口管理制度(EMS)現況 為防止電腦程式相關產品侵害物之出口，我國自八十一年十一月實施「電腦程式相關產品出口管理制度」，嗣後，就執行細節予以改良並自八十七年七月十日修正實施。此制度係由希望政府採取邊境措施保護其電腦程式著作權人，先赴指定機構（財團法人資訊工業策進會，簡稱資策會）登錄其電腦程式著作權，嗣後資策會設在海關之電腦軟體檢驗中心對於他人出口電腦程式相關貨品（包含電腦、列表機、電視遊樂器等貨品列號計十六項商品）施以查驗， 經與申請登錄軟體檢驗比對結果，如有疑似侵權，通知著作權人。 此外，電腦程式相關產品出口貨品如涉嫌侵害智慧財產權，由海關將出口人列入「高危險群廠商」；其涉嫌偽造文書者，移送法辦。此外，由經濟部查禁仿冒商品小組擔任窗口，洽查有無侵權情事；而經濟部國際貿易局先依貿易法分別處以暫停輸出貨品、罰鍰、撤銷出進口廠商登記等處分，又出進口廠商經撤銷登記者，自撤銷日起或於撤銷前已受暫停處分者自受暫停處分之日起，二年內不得重新申請登記。 是項制度八十八年執行成效，包括各檢驗中心查核文件屬實者13,535件，現場查核屬實者7,028件，取樣比對查核者78件，通知著作權人者40件。另由各地海關移送各檢驗中心查核件數計71件，其中通知著作權人者為4件。共查獲涉嫌侵權案件6件。 （以上資料摘自http://www.moeaipo.gov.tw/p2.htm） IPO
Announces Results of Computer Software Export Monitoring System The Intellectual Property Office (IPO) recently announced the results of the Computer Software Export Monitoring System (EMS) for 1999. The inspection centers examined a total of 13,535 documents and conducted on-site inspections of 7,028 exports. Samples were taken in 78 cases. Copyright owners were notified of suspected infringement in 40 cases. In addition, Customs referred 71 cases to inspection centers and informed copyright owners in four cases. Customs discovered six suspected cases of copyright infringement. The EMS was implemented in November 1992 in order to prevent exports of computer software-related products that infringe intellectual property rights. The system was revised on 10 July 1998. The EMS uses border control measures to protect software copyrights. The Institute for Information Industry (III) was designated as the agency-in-charge where copyright owners could record software copyrights. The III established software inspection centers at Customs bureaus to inspect 16 types of products containing software, including computers, printers, and electronic games. The inspection centers compare exports with software record with III and notify copyright owners if cases are discovered which are suspected of infringing copyrights. Under the EMS, companies suspected of exporting products containing computer software that infringe intellectual property rights are place on an exporter watch list. Suspected cases of infringement are referred the Anti-Counterfeiting Committee for investigation. Cases of suspected forgery of documents are referred to district court prosecutors. The Board of Foreign Trade investigates possible violations of the Trade Law and may impose fines, suspend an exporter's right to export of goods, and revoke a firm's export and import registration. Firms may not apply for reinstatement for an export and import registration for two years after the date of revocation of a registration, or for two years from a suspension which leads to a revocation. (The information for this report was
taken from a report on the IPO's website, located at www.moeaipo.gov.tw/p2.htm.) 依據經濟部查禁仿冒商品小組統計資料披露，八十九年八月該組計查核出口商品商標產地案件47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43件及19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60件及52件。 此外，是項期間該組協調各地警調機關之查緝行動各查獲33件仿冒商標案件，而查獲之仿冒品市價總值約13,184,842元。另參加查緝仿冒或智財權相關會議計2次。 Work by the
Anti-Counterfeiting Committee in August 2000 According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in August 2000 investigated 47 new trademark and place-of-origin cases involving the export of goods. During this month, 43 cases were handled by the ACC internally and 19 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, 60 were handled by the ACC and 52 were referred to other administrative agencies. The ACC coordinated raids with
prosecutors, police, and investigators in 33 counterfeit trademark raids
during August 2000. The raids resulted in the seizure of counterfeit goods
worth NT$13,184,842. The ACC also participated in two meetings related to
counterfeit raids and intellectual property during August 2000. 茲據內政部警政署統計資料指出，該署八十九年八月依涉嫌侵害智慧財產權而移送法辦之案件計355件（416人），分別為涉嫌仿冒商標案件69件（89人）、侵害專利權案件11件（15人）與侵害著作權案件275件（312人），而涉外著作權案件計6件10人，皆為涉美案件。而查獲之仿冒商品市價估值為新台幣126,640,653元。 Results of
IPR Protection Work by the National Police Administration in August 2000 In August 2000, the National Police
Administration handled IPR-related investigations resulting in the referral
of 355 cases involving 416 defendants to district court prosecutors on
suspicion of infringement. Of these 355 cases, 89 defendants in 69 cases
were suspected of trademark infringement, 15 defendants in 11 cases were
suspected of patent infringement, and 312 defendants in 275 cases were
suspected of copyright infringement. Ten defendants in six copyright cases
were suspected of infringing U.S.-owned intellectual property. The total
street value of counterfeit products seized during the investigations was
estimated to be NT$126,640,653. 八十九年八月份行政院新聞局及地方政府有關單位共查察及取締MTV 95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217家次、其他48家次；共計查扣違法錄影節目帶290卷、影碟755片；依侵權及妨害風化移送案件者5件及廣電法核處案件計26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乙件。 Results of
the Government Information Office Investigations of the Video Rental
Industry in August 2000 In August 2000, the Government Information Office (GIO) and local government agencies jointly made 95 investigations of MTV parlors. (Sixty-three of these investigations were made after 8 p.m.) They also made 217 investigations of video rental shops and 48 investigations of other business establishments. These investigations resulted in the seizure of 290 illegal videotapes and 755 illegal laser disks. Five cases were referred to district court prosecutors on suspicion of violating copyrights and public morals. Twenty-six cases were subject to administrative sanctions under the Broadcasting and Television Law. In addition, one case was 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. 6.新聞局八十九年八月份查獲二十家次違規有線電視(播送)系統業 八十九年八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144家次（其中晚間8時以後查察取締24家次），分別是機房查驗45家次，而側錄則查驗99家次，分別查獲5家次及20家次違反節目及廣告法規。 此外，處理民眾申訴反映案件計330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14、35、65及216件。 Government
Information Office Uncovers 20 Illegal Cable TV Stations in August 2000 In August 2000, the Government Information Office (GIO) and local government agencies jointly investigated 144 cable TV operators. (Twenty-four of these investigations were made after 8 p.m.) The investigations included 45 investigations of primary broadcast facilities and 99 investigations of secondary broadcast facilities. The 99 investigations of secondary broadcast facilities resulted in 5 cases of suspected violations of programming regulations and 20 cases of suspected violations of advertising regulations. The GIO also handled 330 cases of
consumer complaints alleging violations by cable TV operators in August
2000. This total included 14 programming complaints, 35 advertising
complaints, 65 subscription fee cases, and 216 right protection cases. 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，八十九年七至九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10件，查詢結果疑似未經合法授權之案件計2件。 是項期間，FVWP並針對錄影帶出租店、MTV視聽中心、影碟(LD)交換中心等進行了138件調查，另會同行政院新聞局等相關政府機關執行88件取締工作，共計查扣錄影帶、影碟、VCD、DVD等11,816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55件訴訟案。 Results of
Work by the Foundation for the Protection of Film and Video Works in the
Third Quarter of 2000 From July through September 2000, the Foundation for the Protection of Film and Video Works (FVWP) reviewed ten 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 two of these cases failed to obtain properly authorization from the copyright holders to import the works into Taiwan. In addition, the FVWP conducted 138 investigations of video rental stores, MTV parlors, and laser disk exchange centers during this period. The FVWP also carried out 88 raids with the assistance of the Government Information Office and related agencies. These raids resulted in the seizure of 11,816 video cassettes, laser disks, VCDs and DVDs. Finally, in the third quarter of
2000 the FVWP represented member companies of the Motion Picture Association
of America in 55 lawsuits filed in Taiwan. Judicial Report 8.八十九年八月份侵害智慧財產權判決確定案件判處一年以上者有二十七人 依據法務部統計資料指出，八十九年八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246人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共156人；有罪科刑判決中，處六月以下者90人（含涉美案件5人），處逾六月一年未滿者9人（含涉美案件乙人），處一年以上二年未滿者26人（含涉美案件1人），處二年以上三年未滿者乙人，處拘役者18人。 Courts
Sentence 27 Persons to at Least One Year in IPR Cases in August 2000 According to statistics released by the Ministry of Justice, of 246 defendants in copyright, trademark, and patent infringement cases in August 2000, 156 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 90 persons were sentenced to less than six months. Of these 90 persons, 5 were convicted of infringing U.S.-owned intellectual property. Nine persons were sentenced to no less than six months but no more than one year, of which 1 was convicted of infringing U.S.-owned intellectual property. Twenty-six persons were sentenced to no less than one year but no more than two years, of which 1 was convicted of infringing U.S.-owned intellectual property. One person was sentenced to no less than two years but no more than three years. Eighteen persons received detention. |