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行 政 報 導
Administrative Measures and Enforcement
1.新聞局八十九年十月份查扣違法錄影節目帶業成果
八十九年十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62家次）、錄影節目帶租售店226家次、其他41家次；共計查扣違法錄影節目帶469卷、影碟5143片；依侵權及妨害風化移送案件者14件及廣電法核處案件計19件。
1.Results of the Government Information Office Investigations of the Video Rental Industry in October 2000
In October 2000, the Government Information Office (GIO) and local government agencies jointly made 95 investigations of MTV parlors. (Sixty-two of these investigations were made after 8 p.m.) They also made 226 investigations of video rental shops and 41 investigations of other business establishments. These investigations resulted in the seizure of 469 illegal videotapes and 5143 illegal laser disks. Fourteen cases were referred to district court prosecutors on suspicion of violating rights and public morals. Nineteen cases were subject to administrative sanctions under the Broadcasting and Television Law.
2.新聞局八十九年十月份查獲四十六家次違規有線電視(播送)系統業
八十九年十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211家次（其中晚間8時以後查察取締43家次），分別是機房查驗53家次，各查獲3家次，2家次及乙家次違反節目、廣告及權利保護等法規，而側錄則查驗158家次，分別查獲2家次及38家次違反節目及廣告法規。
此外，處理民眾申訴反映案件計291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26、47、44及174件。
2.Government Information Office Uncovers 46 Illegal Cable TV Stations in October 2000
In October 2000, the Government Information Office (GIO) and local government agencies jointly investigated 211 cable TV operators. (Fourty-three of these investigations were made after 8 p.m.) The investigations included 53 investigations of primary broadcast facilities and 158 investigations of secondary broadcast facilities. The investigations of primary broadcast facilities resulted in 3 cases of suspected violations of programming regulations and 2 cases of suspected violation of advertising regulations and 1 case of suspected violations of right protection regulations The 158 investigations of secondary broadcast facilities resulted in 2 cases of suspected violations of programming regulations and 38 cases of suspected violations of advertising regulations.
The GIO also handled 291 cases of consumer complaints alleging violations by cable TV operators in October 2000. This total included 26 programming complaints, 47 advertising complaints, 44 subscription fee cases, and 174 right protection cases.
3.警政署八十九年十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，該署八十九年十月依涉嫌侵害智慧財產權而移送法辦之案件計443件（486人），分別為涉嫌仿冒商標案件45件（62人）、侵害專利權案件14件（16人）與侵害著作權案件384件（408人）。而查獲之仿冒商品市價估值為新台幣446,475,115元。
3.Results of IPR Protection Work by the National Police Administration in October 2000
In October 2000, the National Police Administration handled IPR-related investigations resulting in the referral of 443 cases involving 486 defendants to district court prosecutors on suspicion of infringement. Of these 443 cases, 62 defendants in 45 cases were suspected of trademark infringement, 16 defendants in 14 cases were suspected of patent infringement, and 408 defendants in 384 cases were suspected of copyright infringement. The total street value of counterfeit products seized during the investigations was estimated to be NT$446,475,115.
4.海關八十九年第二季查緝侵害智慧財產權成果
Results of Customs Inspections in the Third Quarter of 2000
司 法 報 導
Judicial Report
5.八十九年十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，八十九年十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226人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共135人；有罪科刑判決中，處六月以下者84人（含涉美案件2人），處逾六月一年未滿者7人，處一年以上二年未滿者28人（含涉美案件1人），處拘役者12人。
5.Courts Sentence 28 Persons to at Least One Year in IPR Cases in October 2000
According to statistics released by the Ministry of Justice, of 226 defendants in copyright, trademark, and patent infringement cases in October 2000, 135 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 84 persons were sent enced to less than six months. Of these 84 persons, 2 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. Twenty-eight 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. Twelve persons received detention.
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