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12 August 2019

Seven counterfeit hotspots you should know in Taiwan

We highlight the areas that reportedly engage in the trade of counterfeit goods in Taiwan. An expert in the region provides insights on the different types of retail environment that most often house fake goods in the East Asian state.

06 August 2019

TUTORABC v HITUTOR: Appeal Court sets out distinctiveness criteria

A recent judgment from Taiwan’s IP Appellate Court provides welcome clarification on the protection of well-known trademarks containing words that may otherwise be deemed to lack distinctiveness.

26 September 2017

Taiwan approves major amendment to protect trademarks at the border

A major amendment to the regulations governing customs border measures will be key in the protection of trademarks. The measures allow the owner of a trademark to apply to have it recorded on Customs' database, enabling Customs to seize counterfeits when it inspects imported or exported goods ex officio.

02 May 2017

The clock may already be ticking for your trademark infringement claims in Taiwan

A recent judgment handed down by the Taiwan IP Court has highlighted how rights holders must act quickly if they believe their trademarks are being infringed – or risk losing their ability to claim compensation.

13 February 2017

Trademark applications in Taiwan hit six-year high; rejections also spike

Preliminary statistics published by the Taiwan IP Office reveal 2016 to have been its busiest year from a trademarks standpoint since 2011, with growth recorded in applications, and registrations. Corresponding with this rise, rejections also rose significantly.

14 September 2015

Red Bull prevents use of RED BULL-related marks for industrial oils

The appellate court of the Intellectual Property Court has ruled in favour of Red Bull AG in a trademark infringement case involving the use of RED BULL and related marks by a local company, Ding Oil International Trading Company, for goods in Classes 1 and 4. The court further ruled that Ding Oil and its legal representative were jointly liable for damages.

16 April 2015

Fair Trade Act no longer protects registered trademarks

Following revisions effective as of February 6 2015, the Fair Trade Act no longer protects trademarks duly registered in Taiwan under the Trademark Act, but will grant protection only to famous trademarks or trade dress not registered in the country. Previously, famous trademarks - whether or not registered in Taiwan - could be protected under the Fair Trade Act.

27 January 2015

Intel successful in trademark infringement action against LED products manufacturer

The Intellectual Property Court has ruled in favour of Intel in a trademark infringement action involving the use of EDIXEON and EDIXEON INSIDE by Edison Opto Corp, a local manufacturer of LED products. Among other things, the court held that, since Intel's XEON mark is famous among the relevant consumers, the defendant's use of EDIXEON and EDIXEON INSIDE could dilute the highly distinctive character of the XEON mark.

02 April 2014

Use of 'V-KOOL' as mark, domain name and company name held to constitute infringement

The Intellectual Property Court has rendered a decision in favour of plaintiff Solutia Singapore Pte Ltd, the owner of the famous V-KOOL mark for window film, in a trademark infringement case involving the use of the term 'V-KOOL' as a trademark, domain name and company name.

28 January 2014

Defendants found not guilty of infringement, but ordered to distinguish their goods

In a case regarding the use of trademarks similar to earlier registered trademarks, the Intellectual Property Court has dismissed the plaintiff's claim of trademark infringement, but ordered the defendants to add distinguishing features to their products. Among other things, the court held that the use of the disputed trademarks by the defendants was in good faith, based on the creation and history of the marks in another country.

16 November 2012

Minimum statutory compensation for trademark infringement is abolished

The new Taiwan Trademark Act, which came into effect on July 1 2012, has abolished the minimum statutory compensation for trademark infringement (ie, 500 times the unit retail price of the infringing goods). The courts may now exercise their discretion on a case-by-case basis.

26 June 2012

Amendment to Trademark Act to enter into force

The amendment to the Taiwan Trademark Act 2003 was promulgated by Presidential Order on June 29 2011 and will enter into force on July 1 2012. Among other things, the amendment clearly specifies that a claim for damages can be made only when the infringer had a subjective intent to commit the infringing act.

25 November 2011

Trademark holders beware - Trademark Act to change soon

The Legislative Yuan has passed an amendment to the Trademark Act, the first major revision of the act since 2003. Perhaps the most noteworthy provisions are those relating to the proof of use in invalidation or revocation actions. As such provisions will make trademark protection more difficult, mark owners should review the use status of their marks in Taiwan as soon as possible. The amendment is expected to become effective in July 2012.

09 February 2011

TIPO issues guidance on use of trademarks on GPS maps

The Intellectual Property Office of Taiwan has provided guidance on the use of trademarks on GPS maps. If an electronic map manufacturer uses a registered trademark to indicate or describe the position of the trademark owner's place of business, such use will be considered 'fair use' under Article 30-1(1) of the Trademark Act, rather than 'trademark use'.

21 May 2009

Hermès bags record infringement compensation

The IP Court has awarded record damages of NT$256.3 million to Hermès International against an infringer who sold counterfeit Hermès bags. The infringer had already been sentenced to three months' imprisonment and must now pay damages in the civil suit, as well as paying for publication of the judgment in two local newspapers.