九卷四期 900228



BOFT Adds Six Items to Customs Examina-tion List


Taiwan "110" System to Include IPR Noti-fication

Taiwan continues sweep of pirated sof-tware discs

Taiwan Includes Hong Kong, Mainland Chi-na in Anti-Counterfeiting Efforts

U.S. Seizes Less Infringing Goods From Taiwan in 2000


Taiwan, U.S. Sign Customs Agreement


U.S. Federal Circuit Issues Major Patent Ruling

法 規 報 導

Laws and Regulations 


(1)「中華民國進出口貨品分類表」增列CCC八五四二•一九•一○•一○- 四「光罩式唯讀記憶體晶片之單石數位積體電路晶粒及晶圓」等十二項貨品,刪除CCC八五四二•一九•一○•○○ - 六「其他單石數位積體電路晶粒及晶圓」等六項貨品。其中增列之「光罩式唯讀記憶體晶片」等貨品計六項應符合晶片標示輸出規定,列入「委託查核輸出貨品表」,均自九十年一月一日起實施。

1.BOFT Adds Six Items to Customs Examina-tion List

In response to a letter from the Intellectual Property Office and a resolution of the Com-
modity Classification Committee, the Board of Foreign Trade promulgated the following measures:
a. Twelve items have been added to the Cla-
ssification of Import and Export Commodi-
ties of the R.O.C. under CCC code 8542.19.
10.10-4, "monolithic IC chips and wafers for mask-ROM memory chips," while six have been deleted under CCC code 8542.19.10.00-
6, "other monolithic IC chips and wafers." The six items added under "mask-ROM memory chips" are to conform to the chip-marking system and be listed in the Table Of Export Goods For Customs Examination from 1 Janu-
ary 2001.
b. The six items under CCC code 8542.19.10.
10-4, "monolithic IC chips and wafers for mask-ROM memory chips," are now controlled under Export Regulation Code 574 (new), as follows: 1) Exported mask-ROM chips, with the exception of foreign goods to be resh-
ipped, shall be marked. 2) After Customs inspection, the exporter shall include a copy of the chip-marking Registration cer-
tificate from an IPO-approved agency, and shall declare the commodity classificat-
ion number, the commodity name, and Regis-
tration certificate number in the export manifest. Customs shall list items as doc-
uments examined and approved (C2) or goods examined and approved (C3). Firms shall bear liability for non-declaration. 3) Ex-
porters on the IPO list of registered expo-
rting firms are exempt from the requireme-
nt to include a copy of the chipmarking registration certificate.
行 政 報 導

Administrative Measures and Enforcement    


2.Taiwan "110" System to Include IPR Noti-fication

Taiwan is setting up a dedicated phone line to help counter trends toward IP piracy and carry out the government's determination to protect intellectual property rights. It will be a 24-
hour service and will include notification of IPR cases. On 15 January 2001, the National Police Administration of the Ministry of the Interior informed all subordinate bodies that when citizens or IP rights holders dial the "110" line to report IPR violations, cases sh-
ould be handled in accordance with the "Guid-
elines for Implementing 'One Stop' Handling of Reports on Criminal Activity by Police Agen-
cies" and the "Plan for Implementing Enhanced Protection of Intellectual Property Rights." Agencies were not to refuse or sidestep han-
dling of cases.


(1) 地下工廠36件,起出燒錄機74台、拷貝機3台、電腦15台及遊戲盜拷主機4台。 
(2) 盜版遊戲光碟154萬2千9百85片。
(3) 仿冒遊戲卡匣6萬4千4百51個。
(4) 盜版音樂光碟16萬3千3百75片、錄音帶5萬1千8百43卷。
(5) 電腦程式光碟5萬零8百65片、遊戲大補帖1149片。
(6) 盜版電影光碟2萬7千2百18片、母源126片、母板140片、模具1組及色情光碟5238片。
(7) MP3光碟1426片。
(8) 區域網路21台電腦主機。
(9) 仿冒勞力士手錶250只、皮件483件。

3.Taiwan continues sweep of pirated sof-tware discs

The current anti-counterfeiting sweep is c-
ontinuing, as the National Police Administ-
ration 2nd Police Division has formed three mo-
bile teams for the northern, central, and sou-
thern regions, which cooperate with IP rights holders to form inspection teams that make un-
scheduled raids on suspected violators at any location. From 24 January to 31 December, 2000, those teams engaged in raids in 792 cases of intellectual property infringement, arrest-
ing 859 suspects, and seizing pirated or coun-
terfeit goods with a total value of more than NT$7.96 billion. Results are summarized bel-
(1) .36 Underground production facilities wi-
th 74 CD burners, 3 duplicators, 15 comp-
uters and 4 hosts for game replication
(2) .1,542,985 pirated game discs
(3) .64,451 pirated game cartridges
(4) .163,375 pirated music CDs, 51843 audiota-
(5) .50,865 CD-ROM software storage discs, 1149 game discs with multiple games
(6) .27,218 pirated DVD movie discs, 126 mas-
ters, 140 stampers, one mould set and 5238 CDs of pornographic material
(7) .1426 MP3 CDs
(8) .21 LAN servers
(9) .250 counterfeit Rolex watches; 483 leather goods



Taiwan Includes Hong Kong, Mainland Chi-na in Anti-Counterfeiting Efforts

Taiwan's efforts to combat counterfeiting have moved beyond the shores of Taiwan to target firms with regional operations in Hong Kong and mainland China. The Board of Foreign Trade (BOFT) will reportedly expand the interpre-
tation of provisions in the Trade Law that sa-
nction exporters who export goods violating intellectual property laws to include Taiwan firms that receive orders for manufacture in Hong Kong and mainland China. In another meas-
ure intended to deal with regional counterf-
eiting operations, Taiwan companies which are suspected of accepting orders for the manufa-
cture of counterfeit goods in Hong Kong or ma-
inland China firms will be placed on a priority list by Customs for increased inspections of their exported goods.
(The above information excerpted from The Com-
mercial Times reported on 19 February 2001)
In a related development, the BOFT announced that pursuant to the Trade Law, firms which export or import goods that violate intell-
ectual property laws of Taiwan or other cou-
ntries would be subject to warnings, fines of NT$300,000 to NT$300,000, or suspensions of their import and export authorization of 1 to 12 months. For serious violations, the BOFT said that it would revoke firms' importer and exporter registrations in addition to impos-
ing fines.



5.U.S. Seizes Less Infringing Goods From Taiwan in 2000

According to statistics in the 2000 Yearbook of the U.S. Customs Service, the U.S. Customs in 2000 seized US$6 million worth of goods from Taiwan companies suspected of infringing int-
ellectual property rights. The amount was 14% of the total amount seized by U.S. Customs. The largest categories of Taiwan products seized by U.S. Customs in 2000 were computer hardware and spare parts followed by optical media pr-
The report, which was based on statistics co-
vering the period of October 1999 through Se-
ptember 2000, indicated that U.S. Customs ha-
ndled four fewer cases of Taiwan firms susp-
ected of infringing intellectual property in 2000 than the year earlier with the total value of goods seized (declining by) 1/7. One of the principal reasons for the decline was the la-
rge reduction in the amount of optical media products seized. These goods had accounted for 80% of the goods seized in 1999 from Taiwan importers.



6.Taiwan, U.S. Sign Customs Agreement

Taiwan and the United States an agreement to promote cooperation and assistance between their customs administrations. Both countries promised in the agreement to promote better communication channels and efficiency in dea-
ling with their customs services, particul-
arly in the areas of information exchange and provision of technology to combat illegal ac-
tivity. The agreement is expected to increase effectiveness in the efforts to combat the tr-
ade in counterfeit goods. 

司 法 報 導

Judicial Report  


美國聯邦巡迴上訴法院(Court of Appeals for the Federal Circuit-CAFC)於2000年11月29日,對Festo v. Shoketsu Kinzoku Ko-
gyo Kabashiki Co., Ltd.案作出了重大判決,亦即認為凡於申請專利過程中涉及可專利性理由(reason related to patent-
ability)修正過之元件(或稱限制條件),不再具有均等論之範疇(No Scope of Doc-
trine of Equivalents Available)。美國最高法院未來如果支持CAFC之觀點,則對專利實務必將產生一定程度之影響,因此其後續發展頗值得吾人注意。

7.U.S. Federal Circuit Issues Major Patent Ruling

The Court of Appeals for the Federal Circuit of the United States on 29 November 2000 handed down a major patent decision in the case of Festo v. Shoketsu Kinzoku Kogyo Kabashiki Co., Ltd. The decision results in a su-bstantial limitation on the scope and ap-plicability of the doctrine of equivalents. While the U.S. Supreme Court has yet to adopt the position of the Federal Circuit, future developments in this area will likely have a large impact on patent law and practice.