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Trademark Rights Infringements

Trademark Infringement involves illegal use of an identical or a similar trademark to the one registered and belonging to another person. The legal system of Taiwan provides the following remedies against trademark infringement:

1) Civil Remedies:

According to the Article 69, Paragraph 1 of the Trademark Act, a trademark rights holder may claim for damages from a person infringing upon holder’s trademark rights and may request for excluding infringement thereto. In case of a likelihood of future infringement, the said right holder may also request for the prevention thereof. Thus, the right holder may request the infringer for remove of the infringement, prevent future infringement and request compensation for damages.

2) Criminal Remedies:
According to the Article 95 of the 2011 Trademark Act, any individual engaged in the following activities shall be sentenced to imprisonment of no more than three years, and or a fine of no more than NT$200,000 (approx. 6,660 UDS):

     (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.


Furthermore, according to Article 97, any person, who knowingly sells, displays for sale, exports or imports the goods referred to in the preceding article, shall be charged with imprisonment of no more than one year, detention, and, in addition thereto or in lieu thereof, a fine of no more than NT$50,000 (approx. 1,660 USD).
The goods manufactured, sold, displayed, exported or imported by, or the articles or documents in connection with provision of services by, a person committing any of the offenses as specified in the preceding two articles, shall be confiscated, regardless of whether such goods, articles or documents belong to the offender.