Copyright Act｜第 90-1 條｜智慧財產權｜Act｜In Force
第 六 章｜經濟部｜v1.0
Effective Date: 9999-12-31｜Last Amended: 2022-06-15
A copyright holder or plate rights holder may apply to the customs authorities to suspend the release of import or export goods that infringe on their copyright or plate rights. The application referred to in the preceding paragraph shall be filed in writing, shall state the facts of the infringement, and shall include a bond in an amount equivalent to the import customs value or the export FOB value of the goods, as assessed by customs, to serve as a security to offset the loss suffered by the party whose goods are subject to attachment. Customs shall immediately inform the applicant when processing an application to suspend the release of goods. Where Customs determines that the conditions in the preceding paragraph have been met and issues an attachment order, it shall give written notification to the applicant and to the party whose goods are attached. The applicant or the party whose goods are attached may apply to the customs authorities for permission to inspect the attached goods. Attached goods shall be confiscated by the customs authorities where the applicant has obtained a final and unappealable civil judgment determining that the goods infringe on copyright or plate rights. The owner of the attached goods shall be held liable for such costs as container demurrage, warehousing, loading, unloading, as well as for expenses connected with destruction of the goods. If the expenses connected with destruction of the goods referred to in the preceding paragraph are not paid within the period prescribed by customs authorities, the claim shall be enforced through compulsory execution. In any of the following circumstances, an attachment order shall be rescinded by the customs authorities and the attached goods shall be processed in accordance with applicable import and export regulations; in addition, the applicant shall compensate the party whose goods were attached for damage incurred on account of the attachment: 1.The attached goods have been determined to be non-infringing of copyright or plate rights by a final and unappealable court judgment. 2.Within twelve days of the date on which the applicant is informed of the attachment, the customs authorities have not received notification from the applicant indicating that it has initiated litigation proceedings alleging that the attached goods are in infringement. 3.The applicant applies to rescind the attachment. The period referred to in subparagraph 2 of the preceding paragraph may be extended by another twelve days if customs authorities deem it necessary. Customs authorities shall return the bond upon the applicant's request in any of the following circumstances: 1.There is no need to continue posting the bond either because the applicant has obtained a final and unappealable judgment in its favor or because the applicant has reached a settlement with the party whose goods were attached. 2.The attachment order has been rescinded and the applicant can prove that at least the required twenty days have elapsed since the applicant notified the party whose goods are subject to the suspension of release to exercise its rights and such party has failed to exercise its rights. 3.The party whose goods were attached agrees to the return. A person whose goods have been attached shall have the same rights as a pledgee with respect to the bond referred to in the second paragraph of this article. When the customs authorities, in the course of executing their duties, discover import/export goods that in appearance are obviously suspect of copyright infringement, they may within one business day notify the rights holder and notify the importer/exporter to produce authorization materials. After receiving notice, the rights holder shall proceed to customs within four hours for air export goods and within one business day for air import goods and sea import/export goods to assist with verification. Where the rights holder is unknown or cannot be notified, or the rights holder fails to proceed to customs within the time limit as notified to assist with verification, or the rights holder determines that the goods in question are not infringing, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith. Where the goods are determined to be suspected infringing goods, customs shall take measures to suspend the release of the goods. If within three business days after customs has taken measures to suspend the release of the goods the rights holder has not applied to customs for attachment under paragraphs 1 to 10, or has not initiated civil or criminal litigation procedure to protect the rights, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith.
著作權人或製版權人對輸入或輸出侵害其著作權或製版權之物者，得申請海關先予查扣。 前項申請應以書面為之，並釋明侵害之事實，及提供相當於海關核估該進口貨物完稅價格或出口貨物離岸價格之保證金，作為被查扣人因查扣所受損害之賠償擔保。 海關受理查扣之申請，應即通知申請人。如認符合前項規定而實施查扣時，應以書面通知申請人及被查扣人。 申請人或被查扣人，得向海關申請檢視被查扣之物。 查扣之物，經申請人取得法院民事確定判決，屬侵害著作權或製版權者，由海關予以沒入。沒入物之貨櫃延滯費、倉租、裝卸費等有關費用暨處理銷燬費用應由被查扣人負擔。 前項處理銷燬所需費用，經海關限期通知繳納而不繳納者，依法移送強制執行。 有下列情形之一者，除由海關廢止查扣依有關進出口貨物通關規定辦理外，申請人並應賠償被查扣人因查扣所受損害： 一、查扣之物經法院確定判決，不屬侵害著作權或製版權之物者。 二、海關於通知申請人受理查扣之日起十二日內，未被告知就查扣物為侵害物之訴訟已提起者。 三、申請人申請廢止查扣者。 前項第二款規定之期限，海關得視需要延長十二日。 有下列情形之一者，海關應依申請人之申請返還保證金： 一、申請人取得勝訴之確定判決或與被查扣人達成和解，已無繼續提供保證金之必要者。 二、廢止查扣後，申請人證明已定二十日以上之期間，催告被查扣人行使權利而未行使者。 三、被查扣人同意返還者。 被查扣人就第二項之保證金與質權人有同一之權利。 海關於執行職務時，發現進出口貨物外觀顯有侵害著作權之嫌者，得於一個工作日內通知權利人並通知進出口人提供授權資料。權利人接獲通知後對於空運出口貨物應於四小時內，空運進口及海運進出口貨物應於一個工作日內至海關協助認定。權利人不明或無法通知，或權利人未於通知期限內至海關協助認定，或經權利人認定系爭標的物未侵權者，若無違反其他通關規定，海關應即放行。 經認定疑似侵權之貨物，海關應採行暫不放行措施。 海關採行暫不放行措施後，權利人於三個工作日內，未依第一項至第十項向海關申請查扣，或未採行保護權利之民事、刑事訴訟程序，若無違反其他通關規定，海關應即放行。