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Custom Recordal of IPRs in Taiwan

Taiwan

Custom Recordal of IPRs
Yes
No
Yes
The Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Taiwan.
Custom Recordal of IPRs is effective on both the import and export of goods.
The Customs is an authority or agency responsible for collecting and safeguarding customs duties and controlling the flow of goods in and out of a country and the scope of their powers differs from country to country. The Customs Administration of Taiwan is authorised to prevent counterfeit goods from being imported (copyright, patents, trademarks) into Taiwan or exported from Taiwan (in case of trademarks and copyright only). Once the trademark or copyright owner has registered his or her IP with the Customs Administration, the Customs will detain suspicious goods to give the IP owner the opportunity to take enforcement actions. If found to be infringing, the goods will be destroyed.
Under the said Regulation, the proprietor of a registered trademark may seek to have an infringing import/export detained by filing a written request with Customs along with supporting materials/information, including
(1) The fact of infringement as well as a description of the infringing goods' identifiable features;
(2) The name of the exporter/importer, name of the goods, import/export ports, date, number of flight or ship, number of container, storage venue of the goods; and
(3) The Certificate of Trademark Registration.
The Customs shall notify the proprietor of a registered trademark whether the information submitted is specific enough for acceptance, and shall provide rationales if the request is dismissed.
The documents/information includes the following:
(1) The fact of infringement as well as a description of the infringing goods' identifiable features;
(2) The name of the exporter/importer, name of the goods, import/export ports, date, number of flight or ship, number of container, storage venue of the goods; and
(3) The Certificate of Trademark Registration.
Yes
24 hours
The customs authority has a centralized system.
Yes
There is no fee.
The protection period is 02 year from the date on which Customs accepts the case and the copyright can be extended by 01 year each time before the expiry date. In case of trademarks, a Customs registration (‘advice protection’) will remain in force until the due date for renewal of the registered trademark. The registration with the Customs is renewable after the registered mark is renewed.
Yes
The Customs authority suspends the clearance of imported goods when it finds that goods are infringing in nature. The goods are suspended for a limited time unless otherwise decided by the customs after conferring with the rights holder. Therefore, if the detained goods are recognized by the proprietor of a registered trademark as counterfeit and if the importer/exporter fails to submit rebutting evidence, the goods will be formally detained by the Customs. In that scenario, the case as well as the detained goods would be transferred to the judicial authorities.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
After receiving the notification from the Customs, the copyright or trademark holder must identify on-site the items in question within 04 hours for export by air freight and within 01 business day for import/export by sea freight and import by air freight.
Yes
The importer may provide a bond at twice the amount of the bond put up by the trademark owner for the release of the suspicious goods.
The Customs authority destroys the goods.
Yes, the Customs authority transfers the goods to the judicial authorities.
None
Yes
As may be required by the court.
The possible remedies awarded by the court include the destruction of goods.
Yes