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法 規 報 導
Laws and
Regulations
1.新聞局八十九年十一月份查扣違法錄影節目帶業成果
八十九年十一月份行政院新聞局及地方政府有關單位共查察及取締MTV 89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238家次、其他31家次；共計查扣違法錄影節目帶340卷、影碟1838片及逾權節目帶66卷；依侵權及妨害風化移送案件者7件及廣電法核處案件計20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，計有涉嫌侵權案件2件。
Results of the Government Information Office Investigations of the Video Rental Industry in November 2000
In November 2000, the Government Information Office (GIO) and local government agencies jointly made 89 investigations of MTV parlors. (Sixty-two of these investigations were made after 8 p.m.) They also made 238 investigations of video rental shops and 31 investigations of other business establishments. These investigations resulted in the seizure of 340 illegal videotapes and 1838 illegal laser disks, and 66 videotapes that had exceeded their dates of authorization. Seven cases were referred to district court prosecutors on suspicion of violating rights and public morals. Twenty cases were subject to administrative sanctions under the Broadcasting and Television Law.
In addition, two cases were 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 right infringement on the basis of information supplied by the GIO.
2.新聞局八十九年十一月份查獲二十八家次違規有線電視(播送)系統業
八十九年十一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158家次（其中晚間8時以後查察取締36家次），分別是機房查驗47家次，各查獲乙家次違反節目及廣告等法規，而側錄則查驗111家次，分別查獲8家次及18家次違反節目及廣告等法規。
此外，處理民眾申訴反映案件計283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、49、77及143件。
Government Information Office Uncovers 28 Illegal Cable TV Stations in November 2000
In November 2000, the Government Information Office (GIO) and local government agencies jointly investigated 158 cable TV operators. (Thirty-six of these investigations were made after 8 p.m.) The investigations included 47 investigations of primary broadcast facilities and 111 investigations of secondary broadcast facilities. The investigations of primary broa-
dcast facilities resulted in 1 case of suspected violations of programming regulations and 1 case of suspected violations of advertising regulatio-
ns. The 111 investigations of secondary broadcast facilities resulted in 8 cases of suspected violations of programming regulations and 18 cases of suspected violation of advertising regulations.
The GIO also handled 283 cases of consumer compla-
ints alleging violations by cable TV operators in November 2000. This total included 14 programming complaints, 49 advertising complaints, 77 subs-
cription fee cases, and 143 right protection cases.
3.警政署八十九年十一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，該署八十九年十一月依涉嫌侵害智慧財產權而移送法辦之案件計451件（527人），分別為涉嫌仿冒商標案件58件（73人）、侵害專利權案件12件（18人）與侵害著作權案件381件（436人）。
而查獲之仿冒商品市價估值為新台幣117,262,936元。
3.Results of IPR Protection Work by the National Police Administration in November 2000
In November 2000, the National Police Adminis-
tration handled IPR-related investigations resulting in the referral of 451 cases involving 527 defendants to district court prosecutors on suspicion of infringement. Of these 451 cases, 73 defendants in 58 cases were suspected of trademark infringement, 18 defendants in 12 cases were suspected of patent infringement, and 436 defendants in 381 cases were suspected of copyright infringement. The total street value of counterfeit products seized during the inves-
tigations was estimated to be NT$117,262,936.
司 法 報 導
Judicial Report
5.八十九年十一月份侵害智慧財產權判決確定案件判處一年以上者有三十九人
依據法務部統計資料指出，八十九年十一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276人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共168人；有罪科刑判決中，判處六月以下者98人（含涉美案件3人）、逾六月一年未滿者8人（含涉美案件2人）、一年以上二年未滿者37人（含涉美案件2人）、二年以上三年未滿者2人、五年以上者乙人及拘役者14人。
Courts Sentence 28 Persons to at Least One Year in IPR Cases in November 2000
According to statistics released by the Ministry of Justice, of 276 defendants in copyright, trademark, and patent infringement cases in November 2000, 168 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 98 persons were sentenced to less than six months. Of these 98 persons, 3 were convicted of infr-
inging U.S.-owned intellectual property. Eight persons were sentenced to no less than six months but no more than one year. Of these 8 persons, 2 were convicted of infringing U.S.-owned in-
tellectual property. Thirty-seven persons were sentenced to no less than one year but no more than two years, of which 2 were convicted of infringing U.S.-owned intellectual property. Two persons were sentenced to no less than two years but no more than three years. One person was sentenced to more than five years. Fourteen persons received detention.
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