The government of Taiwan has reviewed and revised relevant laws and regulations in order to meet the standard of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) free trade agreement this Spring. 

According to the Article 111 of Taiwan Trademark Act, the implementation date will be determined by the Executive Yuan.
The main points of the amendments are as follows. That is, to enhance the protection of trademark

 

Counterfeiting labels to be held civilly liable: Subjective condition “intentional” and “negligent” like the subjective conditions for general civil damages.

Criminal penalties have been added for offenses involving the unauthorized use of trademarks for the production, importation, exportation, sale, display and possession of counterfeit goods or services.

While e-commerce is getting more and more popular. Article 95. Offense carried out through electronic media or on the internet will also be applied.

The amended articles are as follows.
1.Amended Article 68
Any of the following acts, without obtaining consent of the proprietor of a registered trademark, constitutes infringement of the right of such trademark:
(1) using a trademark which is identical with the registered trademark in relation to goods or services which are identical with those for which it is registered;
(2) using a trademark which is identical with the registered trademark and used in relation to goods or services similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers; or
(3) using a trademark which is similar to the registered trademark and used in relation to goods or services identical with or similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers.

Any person who for him self or for others to use on identical with or similar goods/services as a registered trademark is designated, without obtaining the consent of the trademark owner, manufacturing, selling, holding, displaying, exporting or importing, for the purpose of marketing, labels, hang tags, packagings or items related to services with a mark identical with or similar to such registered trademark thereon also should be deemed constituting infringement of the right of such trademark.

2.Amended Article 95 Any person who commits any of the following acts, without obtaining the consent of the proprietor of a registered trademark or collective trademark, shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000:
(1) using a trademark which is identical with the registered trademark or collective trademark in relation to goods or services which are identical with those for which it is registered;
(2) using a trademark which is identical with the registered trademark or collective trademark and used in relation to goods or services similar to those for which the registered trademark or collective trademark is designated, and hence there exists a likelihood of confusion on relevant consumers; or
(3) using a trademark which is similar to the registered trademark or collective trademark and used in relation to goods or services identical with or similar to those for which the registered trademark or collective trademark is designated, and hence there exists a likelihood of confusion on relevant consumers.

Any person who for him self or for others to use on identical goods/services as a registered trademark or collective trademark is designated, without obtaining the consent of the trademark owner, manufacturing, selling, holding, displaying, exporting or importing, for the purpose of marketing, labels, hang tags, packagings or items related to services with a mark identical with or similar to the registered trademark or collective trademark thereon shall be liable to imprisonment for a period not exceeding one year and/or a fine not exceeding NT$50,000.

The same penalties described in the preceding paragraph shall also apply to the offenses which are carried out through electronic media or on the Internet.


i. It’s okay to use the registered trademark for non-commercial/non-transactional purposes.

3.Amended Article 96
Any person who, without the consent of the proprietor of a registered certification mark, uses a mark which is identical with or similar to the registered certification mark and used in relation to goods or services identical with or similar to those for which the registered certification mark is designated, and hence is likely to mislead relevant consumers shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000.

Any person who for him self or for others to use on identical goods/services as a registered certification mark is designated, without obtaining the consent of the certification mark owner, manufacturing, selling, holding, displaying, exporting or importing, for the purpose of marketing, labels, hang tags, packagings or items related to services with a mark identical with or similar to the registered certification mark thereon shall be liable to imprisonment for a period not exceeding three year and/or a fine not exceeding NT$200,000.

The same penalties described in the preceding paragraph shall also apply to the offenses which are carried out through electronic media or on the Internet.

4.Amended Article 97
Any person who sells or, due to an intent to sell, possesses, displays, exports, or imports another person’s goods referred to the first paragraph of preceding two articles shall be liable to imprisonment for a period not exceeding one years and/or a fine not exceeding NT$50,000;

The same penalties described in the preceding paragraph shall also apply to the offenses which are carried out through electronic media or on the Internet.

5.Amended Article 70
Any of the following acts, without consent of the proprietor of a registered trademark, shall be deemed infringement of the right of such trademark:

(1) knowingly using a trademark which is identical with or similar to another person’s well-known registered trademark, and hence there exists a likelihood of dilution of the distinctiveness or reputation of the said well-known trademark;

(2) knowingly using words contained in another person’s well-known registered trademark as the name of a company, business, group or domain or any other name that identifies a business entity, and hence there exists a likelihood of confusion on relevant consumers or a likelihood of dilution of the distinctiveness or reputation of the said well-known trademark.

BY VICTORIA

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