本　期　提　要HEADLINES

查禁仿冒商品小組八十九年十一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，八十九年十一月該組計查核出口商品商標產地案件32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33件及35件。另針對廠商檢舉仿冒案件，該組受理及查復處理者，分別為23件及22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55件仿冒商標案件、2件侵害專利權案件及50件侵害著作權案件，而查獲之仿冒品市價總值約17,104,727元。另參加查緝仿冒或智財權相關會議計3次。

Work by the AntiCounterfeiting Committee in November 2000

According to statistics released by the Anti Counterfeiting Committee (ACC) of the Ministry of Economic Affairs, the ACC in November 2000 investigated 32 new trademark and placeof origin cases involving the export of goods. During this month, 33 cases were handled by the ACC internally and 35 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, 23 were handled by the ACC and 22 were referred to other administrative agencies.
The ACC coordinated 55 counterfeit trademark raids, 2 patent raids and 50 copyright raids involving prosecutors, police, and investigators during November 2000. The raids resulted in the seizure of counterfeit goods worth NT$17,104,727. The ACC also participated in three meetings related to counterfeit raids and intellectual property during November 2000.

警政署八十九年十二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，該署八十九年十二月依涉嫌侵害智慧財產權而移送法辦之案件計506件（577人），分別為涉嫌仿冒商標案件63件（83人）、侵害專利權案件12件（19人）與侵害著作權案件431件（475人）；涉外著作權案件計14件（15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2,740,022,758元。

Results of IPR Protection Work by the National Police Administration in December 2000

In December 2000, the National Police Administration handled IPRrelated investigations resulting in the referral of 506 cases involving 577 defendants to district court prosecutors on suspicion of infringement. Of these 506 cases, 83 defendants in 63 cases were suspected of trademark infringement, 19 defendants in 12 cases were suspected of patent infringement, and 475 defendants in 431 cases were suspected of copyright infringement. Fifteen defendants in 14 co
pyright cases were suspected of infringing foreignowned intellectual property, including 11 defendants in 10 cases who were suspected of in fringing U.S.owned intellectual property. The total street value of counterfeit products seized during the investigations was estimated to be NT$2,740,022,758

八十九年十二月份侵害智慧財產權判決確定案件判處一年以上者有二十三人

依據法務部統計資料指出，八十九年十二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281人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共196人；有罪科刑判決中，判處六月以下者135人（含涉美案件5人）、逾六月一年未滿者11人、一年以上二年未滿者23人及拘役者18人。

Courts Sentence 23 Persons to at Least One Year in IPR Cases in December 2000

According to statistics released by the Ministry of Justice, of 281 defendants in copyright, trademark, and patent infringement cases in December 2000, 196 persons were sentenced to jail terms, received detention, or were fined. Of the defendants sentenced to jail terms, 135 persons were sentenced to less than six months. Of these 135 persons, were convicted of infringing U.S.owned intellectual property. Eleven persons were sentenced to no less than six months but no more than one year. Twentythree persons were sentenced to no less than one year but no more than two years. Eighteen persons received detention.

4.八十九年侵害智慧財產權判決確定案件判處一年以上者有二五四人

依據法務部統計資料指出，八十九年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2592人，其中判處有期徒刑、拘役或罰金之有罪科刑判決共1447人；有罪科刑判決中，判處六月以下者917人（含涉美案件46人）、逾六月一年未滿者89人（含涉美案件12人）、一年以上二年未滿者248人（含涉美案件12人）、二年以上三年未滿者5人、五年以上者乙人及拘役者126人（含涉美案件9人）。

Courts Sentence 254 Persons to at Least One Year in IPR Cases in 2000

According to statistics released by the Minist
ry of Justice, of 2592 defendants in copyright, trademark, and patent infringement cases in 20
00, 1447 persons were sentenced to jail terms, received detention, or were fined. Of the defen
dants sentenced to jail terms, 917 persons were sentenced to less than six months. Of these 917 persons, 46 were convicted of infringing U.S.owned intellectual property. Eightynine persons were sentenced to no less than six months but no more than one year. Of these 89 persons, 12 were convicted of infringing U.S.owned intellectual property. Two hundred and fortyeight persons were sentenced to no less than one year but no more than two years, of which 12 were convicted of infringing U.S.owned intellectual property. Five persons were sentenced to no less than two years but no more than three years. One person was sentenced to more than five years. One hundred twenty six persons received detention. Of these 126 persons, 9 were convicted of infringing U.S.owned intellectual property.

台灣各地方法院檢察署八十九年下半年辦理侵害智慧財產權案件情形

依據法務部高檢署統計資料,將八十九年下半年侵害智財權案件偵辦.裁判確定及執行情形彙整及表述如下;
(1)八十九年下半年偵辦侵害智慧財產權案件情形：
※偵查新收3,626件，比八十八年下半年增加1,139件；以罪名分析，此類案件大多為違反著作權法，計2,552件佔70.38%，違反商標法822件，佔22.67%，違反專利法252件，佔6.95%。
※偵查終結3,742件，（被告4,568人），比八十八年下半年增加984件（被告增加990人），其中起訴被告2,145人，佔偵查終結被告人數46.96%；起訴案件有具體求刑者87件，佔起訴件數4.53%。（詳細資料如附表一）
(2)八十九年下半年侵害智慧財產權案件裁判確定及執行情形：
※裁判確定被告人數1,451人，比八十八年下半年增加404人，其中判決一年以上者160人，一年未滿逾六月者55人，六月以下560人，拘役79人，罰金42人，科刑率為61.75%，比八十八年下半年之40.40%，增加21.35%。（詳細資料如附表二）
※已執行判決有罪案件455件，被告475人（比八十八年下半年增加191件，被告增加192人），其中判決有期徒刑及拘役得易科罰金者408件（被告425人），執行結果：准易科罰金繳清者404人，佔得易科罰金人數95.06%，不准易科罰金者1人，佔得易科罰金人數0.24%。（註：全部已執行有罪案件准易科罰金者佔得易科罰金總人數78.99%，不准易科罰金者僅佔0.13%）。（詳細資料如附表三）

Statistics on IPR Investigations by District Court Prosecutors in the Last Six Months of 2000

 According to information provided by the Ministry of Justice,stati stics on IPRrelated investigations by Taiwan District Court prosecutors ,indictments,affirmed sentences, and converted sentences for the last six months are as follows a.Actions by Taiwan District CourtPros ecutors in IPR Cases.
(a).District Court prosecutors received 3,626 new IPRrelated cases in the last half of 2000, an increase of 1,139 cases compared to the same period  of the prior year. Of the new cases, 2,552(70.38%) involved copyrights, 822(22.67%)trademarks,and 252(6.95%) patents.
(b). Prosecutors concluded investigati ons on a total of 4,568 cases, invol ving 4,568 suspects, an increase of 984 cases and 990 suspects from a year earlier. Of the 4,568 suspects, indictments were handed down for  2,145(46.96%) persons. Convictions were obtained against 87(4.53%) of these indictment cases. (Please refer to table 1)
b.Affirmed Decisions and Sentence Conv ersions in IPRrelated Cases.
(a).There were 1,451 defendants in IPR related cases that were affirmed in the last six months of 2000. No fu rther appeals are allowed in these cases. The number was an increase of 404 defendants from a year earlier.  

Of these 1,451 defendants, 160 pers ons were convicted and sentenced to at least one year. Fiftyfive were sentenced to more than six months 
but less than one year, with 560 de fendants sentenced to six months or under. A total of 79 persons were sentenced to detention while 42
were fined. Of the total number of those convicted in the last six mon ths of 2000, 61.75% received jail  terms, detention, or fines, or an in crease of 21.35 percentage points over the figure of 40.40% of a year earlier.（Please refer to table 2） (b).Decisions for a total of 455 cases involving 475 defendants were enfo rced in the last six months of 2000. These figures are increases of 191 cases and 192 defendants from a year earlier. Of the cases in the last six months of 2000, 408 cases were enforced for 425 defendants senten ced to six months or under, or deten tion. In these cases, defendants co uld apply to convert their sentences to fines. Of these cases, 404 persons (95.06%) were allowed to convert their sentences to fines, while an application for 1 person (0.24%) was denied. (Note: For all criminal cases in the same period, 78.99% of def endants were eligible to convert se ntences and only 0.13% of applicati ons to convert sentences were denied
（Please refer to table 3）

附表　Table(.doc)