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Premier called for the
4th Cabinet-Level Meeting to Review First -Quarter Progress and Result on IPR Enforcement
INTELLECTUL PROPERTY OFFICE
April 23, 2003
To scrutinize the adequacy and effectiveness of those IPR protection measures implemented by the relevant agencies in the first quarter of 2003, Premier Yu called for the inter-agency cabinet-level coordination meeting on April 23, 2003. This meeting is the fourth one during the last two months.
Representatives from the right holder associations including the Business Software Alliance (BSA), the Information Produce Anti-Piracy Alliance (IPAPA), the International Federation of the Phonographic Industry (IFPI), the Film Industry Association of Kaohsiung, Motion Picture Association (MPA), and Warner Music International participated in and exchanged views on the progress of IPR Enforcement.
During this inter-agency meeting, substantial progress and result from January through March of this year were reported by relevant agencies as follows:
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The Ministry of Justice reported additional 462 infringements, an increase of 35% compared to the same period of 2002; additional 630 defendants were prosecuted, an increase of 36% compared to the same period of 2002.
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A total of 1,375 IPR infringement cases was cracked down, up by 256 cases and an increase of 22.88% compared to the last quarter in 2002. 1,729 infringers have been taken. More than 1.5 million pieces of pirated optical disk with value over NT$ 1.8 billion were seized.
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392,636 pieces of suspected optical disks have been seized by the Customs authorities under the Ministry of Finance since the Optical Disk Exportation Inspection Mechanism was in place beginning on March 6.
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The Joint Optical Disk Enforcement Taskforce (JODE) of Ministry of Economic Affairs reported 227 counts of inspection on optical disk plants where only two infringements were found. During the last quarter in 2002, eight infringements were found out of 187 counts of inspection on those plants. The closer frequency of inspections on the plants has resulted in the effective deterrence against infringement.
Premier Yu stressed that in parallel to facilitate IPR enforcement in a more adequate and effective manner, some IP-related laws and regulations are required to be formulated or amended as follows:
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The legal framework drafting to make the Integrated Enforcement Taskforce of the Ministry of Interior a permanent agency should be completed as earlier as possible so as to send to the Executive Yuan for discussion.
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To deal with infringements on the Internet, Premier Yu also has asked the Executive Yuan to work with relevant agencies to come up with a draft proposal as regards the establishment of the competent authority which shall be entrusted to adequately administrate the transmission of digital information via the Internet and network.
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To ensure sufficient deterrence against infringements, the Ministry of Finance is required to complete the draft amendment to Paragraph 2, Article 37 of the Customs Enforcement Statute within one month as regards the increase of monetary fine.
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For those forwarders/customs brokers who falsely fill out exportation declaration for optical disks, the Ministry of Justice is required to study the possibility of including that act to be constituted as a forgery; the Ministry of Finance, in the meantime, shall provide such information to exporters, forwarders and relevant industries.
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The Ministry of Education shall send out officers to thoroughly inspect the use of authorized software in all levels of school.
After having exchanged views with the above right holder associations, the Premier expressed his appreciation to their efforts in helping the government to improve the IPR protection climate in Taiwan. The Premier concluded the meeting by emphasizing that IPR protection is of great relevance to the substantive development of the Taiwan's culture and industries. All government agencies should work together with the right holder associations to jointly combat against piracy and counterfeit, thus being able to accomplish an adequate and effective IRP protection environment in Taiwan.
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