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法 規 報 導
Laws and
Regulations
1.智慧局修正專利閱卷、申請文件補正事項管理及面詢作業要點
經濟部智慧財產局於日前公佈修正之『專利閱卷作業要點』、『專利申請文件補正事項管理作業要點』及『專利案面詢作業要點』。前揭作業要點之修正條文資料，讀者皆可上該局網站查閱，網址分別為
http：//www.moeaipo.gov.tw/sub3/pat02h.htm
http：//www.moeaipo.gov.tw/sub3/pat02q.htm
http：//www.moeaipo.gov.tw/sub3/pat021.htm
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:
http：//www.moeaipo.gov.tw/sub3/pat02h.htm
http：//www.moeaipo.gov.tw/sub3/pat02q.htm
http：//www.moeaipo.gov.tw/sub3/pat021.htm
行 政 報 導
Administrative Measures and Enforcement
2.新聞局八十九年九月份查扣違法錄影節目帶業成果
八十九年九月份行政院新聞局及地方政府有關單位共查察及取締MTV89家次（其中晚間8時以後查察取締54家次）、錄影節目帶租售店262家次、其他59家次；共計查扣違法錄影節目帶1032卷、影碟4575片；依侵權及妨害風化移送案件者4件及廣電法核處案件計29件。
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.新聞局八十九年九月份查獲二十三家次違規有線電視(播送)系統業
八十九年九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109家次（其中晚間8時以後查察取締27家次），分別是機房查驗34家次，而側錄則查驗75家次，機房查驗查獲2家次違反廣告法規，而側錄查驗則分別查驗乙家次違反節目法規及20家次違反廣告法規。
此外，處理民眾申訴反映案件計388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18、62、65及243件。
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.查禁仿冒商品小組八十九年九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，八十九年九月該組計查核出口商品商標產地案件52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59件及42件。另針對廠商檢舉仿冒案件，該組受理及查復處理者，均為37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41件仿冒商標案件及4件侵害專利權案件，而查獲之仿冒品市價總值約16,378,506元。另參加查緝仿冒或智財權相關會議計4次。
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.警政署八十九年九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，該署八十九年九月依涉嫌侵害智慧財產權而移送法辦之案件計534件（607人），分別為涉嫌仿冒商標案件106件（125人）、侵害專利權案件99件（111人）與侵害著作權案件329件（371人），而涉外著作權案件計37件（42人），其中涉美案件為10件（11人）。而查獲之仿冒商品市價估值為新台幣882,620,845元。
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.海關八十九年第三季查獲出口貨物商標申報不符案件處理情形
根據海關八十九年七月至九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6件。汽（機）車零件准予放行（或具結放行）及責令退關者各有2件及乙件。電腦產品准予放行（或具結放行）、責令退關及其他者各有14件、2件及2件。光碟產品准予放行（或具結放行）、責令退關及其他者各有3件、乙件及乙件。塑膠製品准予放行（或具結放行）者4件。紡織品准予放行（或具結放行）、責令退關及其他者各有9件、2件及乙件。電子零件准予放行（或具結放行）、責令退關及其他者各有15件、2件及乙件。其他貨品之准予放行（或具結放行）、責令退關、依法查扣及其他者分別計有47件、4件、6件及2件。
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.
7.IFPI八十九年第三季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
Judicial Report
8.八十九年七至九月侵害著作權判決確定案件，判處一年以上人數計六十七人
根據法務部統計資料披露，八十九年七至九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227人，其中判處六月以下者136人、逾六月一年未滿者24人、一年以上二年未滿者66人及二年以上三年未滿者乙人。
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.
9.八十九年九月份侵害智慧財產權判決確定案件判處一年以上者有二十八人
依據法務部統計資料指出，八十九年九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224人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共143人；有罪科刑判決中，處六月以下者87人（含涉美案件2人），處逾六月一年未滿者13人（含涉美案件3人），處一年以上二年未滿者28人（含涉美案件3人），處拘役者10人。
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.
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