法 規 報 導
1. Document Inspection Implemented for Exports of Audio-visual Copyrighted Works and OEM Audio CDs
The Intellectual Property Office (IPO) has drawn up guidelines for
"Copyright Document Inspection Procedures for Export of Audio-visual Works and OEM Audio CDs." The guidelines are intended to help avoid the infringement of other copyrights in other countries by products exported from Taiwan and to enforce Article 17-1 of the Foreign Trade Law, Article 13 of the Foreign Trade Law Enforcement Rules, and Articles 20 and 21 of the Commodity Export Management Law.
Beginning 1 January 2001, exporters of audio-visual works and OEM audio CDs are required to attach copyright authorization certificates and supporting documents, product samples, and application forms for verification of copyright documents for presentation to the IPO or border inspection centers at Keelung, CKS international airport, Taichung, or Kaohsiung. The certificates of verification are valid for three months.
The documents to be attached with shipments must include one of the following:
1) Authorization from the copyright holder for import to or production at the intended destination. Documents issued by related international copyright organizations and certified by the government of either Taiwan or the intended destination of shipment may be substituted for the above.
2) An export declaration from the copyright holder in cases of export by the copyright holder.
3) Each of the documents in 1) and 2) above, when the work is in the public domain in Taiwan but is protected under the copyright law at the intended destination.
4) A declaration from Taiwan that the work is in the public domain and a certificate from the government of the intended destination that the work is in the public domain, or a certificate from an international copyright organization certified by the government at the intended destination, when the work is considered to be in the public domain in both Taiwan and the intended destination.
In the case of audio-visual works, inspection and verification procedures begin with the exporter applying to the IPO for a certification of copyright authorization documents. At the time of export, export documents along with the IPO-issued certification are submitted to inspection centers for review. Those centers will issue notification to Customs for approval when the review is complete. For OEM CDs, the exporter also applies to the IPO for certification of copyright authorization documents. When the IPO or the inspection centers suspect infringement of copyright in audio-visual works or OEM CDs, the case is turned over to the Anti-Counterfeiting Committee, and the Directorate General of Customs and the Bureau of Foreign Trade are notified.
為配合晶片標示輸出規定，經濟部國際貿易局於日前公告修正「電腦程式相關產品出口管理制度作業規定」有關「其他單石數位積體電路」、「其他單石積體電路」及「其他混合積體電路 」等三項貨品名稱與歸屬商品分類號列（CCC CODE），自九十年一月一日起實施。
2. Revisions Issued for Integrated Circuit Product Classifications
In relation to regulations governing the "Computer Software Export Monitoring System" (EMS), the Board of Foreign Trade (BOFT) has promulgated revisions in the names of three integrated circuit (IC) product categories and their place within the standard classification of commodities (the CCC Code). The revisions were effective on 1 January 2001.
In order to conform with the chip marking system, the BOFT recently promulgated revisions in the names and classifications for "other monolithic digital integrated circuits (8542. 19. 90. 90-0)," "other monolithic integrated circuits (8542. 30. 90. 90-5)," and "other hybrid integrated circuits (8542. 40. 90. 90-3)." These three categories have been eliminated, and six new ones added: "monolithic digital ICs for mask read-only memory chips (8542. 19. 90.91-9)," "other monolithic digital ICs (8542. 19. 90. 99-1)," "monolithic ICs for mask read-only memory chips (8542. 30. 90. 91-4)," "hybrid ICs for mask read-only memory chips (8542. 40. 90. 91-2)," "other monolithic ICs (85542. 30. 90. 99-6)," and "other hybrid ICs (8542. 30. 90. 99-4)."
3. IPO Website Adds Patent Regulations
The Intellectual Property Office has recently added information regarding amended patent regulations to its website. Chapter four of the Patent Examination Standards regarding the amendment and correction of patent specification and drawings was enforced by the IPO on 14 December 2000. In addition, the IPO announced on 15 December 2000 that regulations regarding application materials and application amendments under the Semiconductor Layout Protection Act that were originally enforced on 11 March 1996 are now no longer in force. More details about these two developments can be found at: www.moeaipo.gov.tw/sub3/pat891214.htm
In addition, the IPO on 31 October 2000 enforced amendments to regulations governing supplements of patent applications, file review of patent applications, and patent application interviews. More information about these regulations can be found at the following website pages:
4. European Union Leaning Toward Establishment of a Unified Patent Regime
The European Patent Office (EPO) does not yet offer a single supra-national patent valid throughout the entire European Union (EU). At present, applicants must designate the countries in which they desire protection and provide translations into multiple languages. The application process is time-consuming and expensive, undercutting innovation and detracting from international competitiveness. The 45-month examination period in a typical case is twice as long as that in the United States, and the typical fee of approximately EUR 49,900 is five times that for U.S. applications and three times that for Japanese applications.
Patent infringement litigation and enforcement is currently left up to the individual states. A single case may be litigated under the laws and procedures of a dozen or more different states, yielding discrepant interpretations and judgments, greatly burdening patentees.
The EU is currently reviewing the European Patent Convention of 1973, and the European Commission has already proposed adoption of a unified patent regime. Under such a regime, patents would be announced only in English, French, or German, and disputes would be handled uniformly by a specialized court under the European Court. The issue of whether to extend protection to software and business methods is also under discussion.
(Excepted from a 20 November 2000 letter of the Taipei Representative Office in Belgium)
行 政 報 導
Measures and Enforcement
5. IPR Crackdown Yields Large Results
Results from a year-long crackdown in 2000 by the National Police Administration on manufacturers of counterfeit goods yielded large results in the effort to protect the intellectual property of foreign and domestic companies. The crackdown by the NPA's Second Police Group, which ran from January through 7 December 2000, resulted in 730 cases involving 802 suspects referred to district court prosecutors for violations of intellectual property laws. The total value of the pirated and counterfeit seized products was estimated to exceed NT$7.04 billion. The breakdown by product type of the seized goods is as follows:
（1）71 pieces of recording equipment and 21 computer systems found at 27 underground factories;
（2）1,543,882 pirated games CD-ROMs;
（3）64,485 counterfeit game cartridges;
（4）143,221 pirated music CDs;
（5）49,429 pirated music cassettes;
（6）15,438 pirated movie CD and 303 master disks;
（7）44,243 pirated CDs of bundled computer software;
（8）1,327 CDs containing MP3 files; and
（9）1,149 CDs of bundled games.
6. Work by the Anti-Counterfeiting Committee in October 2000
According to statistics released by the Anti-Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in October 2000 investigated 40 new trademark and place-of-origin cases involving the export of goods. During this month, 55 cases were handled by the ACC internally and 51 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, 42 were handled by the ACC and 39 were referred to other administrative agencies.
The ACC coordinated 39 counterfeit trademark raids and 14 patent raids involving prosecutors, police, and investigators during September 2000. The raids resulted in the seizure of counterfeit goods worth NT$57,187,596. The ACC also participated in two meetings related to counterfeit raids and intellectual property during October 2000.