Huan / Trademark Division of PIIP report
Considering the needs of economic and trade development as well as the overall interests of the country, the Taiwan Government continues to strive for joining the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). Recently the Executive Yuan has approved the proposed amendments to the Trademark Act drafted by the TIPO based on regulations of CPTPP. The drafts shall be submitted to the Legislative Yuan for review and once ratified into laws, will be able to enhance deterrence against trademark infringement, further protect the interests of consumers and trademark right holders, and facilitate Taiwan’s international participation and regional competitiveness in economic trade.
Here are the main draft amendments to the Trademark Act:
- According to the existing Trademark Act, the subjective condition for counterfeiting labels to be held civilly liable is that the acts were carried out “knowingly.” This condition has been deleted and will revert to “intentional” and “negligent” acts, i.e. the subjective conditions for general civil damages (amendments to Article 68).
- To enhance the sales and profit of trademark owners and ensure the protection of trademarks, criminal provisions for counterfeiting labels of trademarks or collective trademarks have been added, and criminal liabilities now apply to some preparatory and contributory acts of infringement including the importation of counterfeit labels and packaging of trademarks (amendments to Article 95).
- With respect to counterfeiting labels of certification marks and selling or intending to sell infringing goods made by another person, the subjective condition for these acts to be held criminally liable is that the acts were carried out “knowingly.” To meet social expectations of justice, this subjective condition has been deleted and will revert to “intentional” acts for criminal penalties, which includes indirectly intentional acts that can be foreseen to cause infringement (amendments to Articles 96 and 97).
By observing the changing trend of trade, the Taiwan government is adjusting and revising the current laws and regulations step by step, in order to keep pace with the times in the protection of right holders by Taiwan laws and regulations. If you are planning to go into business in Taiwan, it is recommended to obtain trademark registration in Taiwan as soon as possible so that you can acquire the most complete protection and prevent others from infringing on your own interests.