法 規 報 導
1.IPO Issues Patent Regulations
The Intellectual Property Office recently announced revisions to patent regulations governing the review of files, modification or correction of application documents, and application interviews. For more information on these revised regulations, please refer to the following pages on the IPO website:
行 政 報 導
Administrative Measures and Enforcement
2.Results of the Government Information Office Investigations of the Video Rental Industry in September 2000
In September 2000, the Government Information Office (GIO) and local government agencies jointly made 89 investigations of MTV parlors. (Fifty-four of these investigations were made after 8 p.m.) They also made 262 investigations of video rental shops and 59 investigations of other business establishments. These investigations resulted in the seizure of 1,032 illegal videotapes and 4,575 illegal laser disks. Four cases were referred to district courts on suspicion of violating rights and public morals. Twenty-nine cases were subject to administrative sanctions under the Broadcasting and Television Law.
3.Government Information Office Uncovers 23 Illegal Cable TV Stations in September 2000
In September 2000, the Government Information Office (GIO) and county and city agencies jointly investigated 109 cable TV operators (channel 4s). (Twenty-seven of these investigations were made after 8 p.m.) The investigations included 34 investigations of primary broadcast facilities and 75 investigations of secondary broadcast facilities. Two primary broadcast facilities were suspected of violating advertising regulations. The 75 investigations of secondary broadcast facilities resulted in one case of suspected violation of programming regulations and 20 cases of suspected violations of advertising regulations.
The GIO also handled 388 cases of consumer complaints alleging violations by cable TV operators in September 2000. This total included 18 programming complaints, 62 advertising complaints, 65 subscription fee cases, and 243 right protection cases.
4.Work by the Anti-Counterfeiting Committee in September 2000
According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in September 2000 investigated 52 new trademark and place-of-origin cases involving the export of goods. During this month, 59 cases were handled by the ACC internally and 42 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, 37 were handled by the ACC and 37 were referred to other administrative agencies.
The ACC coordinated raids with prosecutors, police, and investigators in 41 counterfeit trademark raids and 4 patent raids during September 2000. The raids resulted in the seizure of counterfeit goods worth NT$16,378,506. The ACC also participated in four meetings related to counterfeit raids and intellectual property during September 2000.
5.Results of IPR Protection Work by the National Police Administration in September 2000
In September 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 534 cases involving 607 defendants to district court prosecutors on suspicion of infringement. Of these 534 cases, 125 defendants in 106 cases were suspected of trademark infringement, 111 defendants in 99 cases were suspected of patent infringement, and 371 defendants in 329 cases were suspected of copyright infringement. Forty-two defendants in 37 copyright cases were suspected of infringing foreign-owned intellectual property, including 11 defendants in 10 cases who 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$882,620,845.
6.Results of Customs Inspections of Trademark Export Declarations in the third quarter of 2000
Customs recently released results of its inspections of inaccurate trademark export declarations for the third quarter of 2000. The following list details the number of cases in which the goods were released with authorization or on bond.
a.Sporting goods. 6 cases.
b.Automotive spare parts. 2 cases, 1 case export not allowed.
c.Computer goods. 14 cases, 2 cases export not allowed, 2 cases handled by other means.
d.Compact disks. 3 case, 1 case export not allowed, 1 case handled by other means.
e.Plastic goods. 4 cases.
f. Textiles. 9 cases, 2 cases export not allowed, 1 case handled by other means.
g.Electronic spare parts. 15 cases, 2 case export not allowed, 1 case handled by other means.
h.Other products. 47 cases; 4 cases export not allowed, 6 cases good seized, 2 cases handled by other means.
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，八十九年七至九月份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436件，包括夜市攤販406件、中盤6件、工廠4件、包裝中心乙件、MP3販賣12件及CD-R販賣7件，共查扣27,777卷盜版卡帶、145,505片盜版CD、380片MP3片、4563片CD-R及機械設備與半成品乙批，市場評估損失約182695200元。此外，該季查獲涉嫌侵害著作權而移送偵辦之嫌疑犯計498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。
7.Results of Work by the IFPI Released
The International Federation of the Phonographic Industry, Members* Foundation in Taiwan (IFPI) recently released statistics on its anti-piracy efforts regarding audio works for the three month period from July-September 2000. The IFPI assisted police agencies with 436 investigations of suspected infringement of audio works. The 436 investigations included 406 investigations of night market vendors, 6 distributors, 4 factories, one packaging center, 12 sellers of MP3 goods, and 7 sellers of CD-ROMs. These investigations resulted in the seizure of 27,777 pirated cassettes, 145,505 pirated compact disks, 380 MP3, 4,563 CD-ROMs and equipment and semi-finished goods. The estimated street value of the seized products was NT$182,695,200. In addition, cases involving 498 defendants were referred to district court prosecutors resulting from copyright infringement investigations.
The IFPI in April 2000 suspended its cooperation with Customs to investigate suspected cases of parallel imports of audio works.
司 法 報 導
8.Courts Sentence 67 Persons to Terms of One Year of More in Copyright Cases During the Third Quarter of 2000
According to statistics released by the Ministry of Justice, from July through September 2000, 227 persons were convicted of Copyright Law violations in affirmed judgments under indictments issued by Taiwan district court prosecutors. Of these 227 persons, 136 received prison terms of six months or less. Twenty-four persons were sentenced to at least six months but no more than one year, and 66 persons were sentenced to at least one year but no more than two years. One person was sentenced to at least two years but no more than three years.
9.Courts Sentence 28 Persons to at Least One Year in IPR Cases in September 2000
According to statistics released by the Ministry of Justice, of 224 defendants in copyright, trademark, and patent infringement cases in September 2000, 143 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 87 persons were sentenced to less than six months. Of these 87 persons, 2 were convicted of infringing U.S.-owned intellectual property. Thirteen persons were sentenced to no less than six months but no more than one year, of which 3 were convicted of infringing U.S.-owned intellectual property. Twenty-eight persons were sentenced to no less than one year but no more than two years, of which 3 were convicted of infringing U.S.-owned intellectual property. Ten persons received detention.