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Enforcement of IPRs in Taiwan


Enforcement of IPRs
The main cause of counterfeiting and piracy in Taiwan lies in the fact that small parcels are easy to slip in even if they contain counterfeits.
Fake luxury goods most often face counterfeiting and piracy in Taiwan.
The Patent Act, the Trademark Act, the Copyright Act, the Trade Secret Act, the Integrated Circuit Layout Protection Act, the Optical Disk Act, etc.
Patents, Trademarks, Copyright, Trade Secrets, Integrated Circuits, etc are the different types of IPRs protected by IPR enforcement in Taiwan.
The Taiwan police officials and prosecutors often want a criminal complaint lodged by a local counsel.
The rights holders need to prepare evidence and documents establishing their rights and the facts of infringement before they take action, as the Taiwan police, prosecutors, and judges involved with authorizing raid actions are sticklers for details. As a preliminary matter in trademark and copyright cases, it is important to assemble copies of the Taiwan trademark certificates (front and back sides) and any supporting documentation needed to establish copyright protection.
In trademark matters, an assessment report by someone who knows the genuine products is necessary. E-mailing of digital photos back to overseas clients has also been a popular option. There are also several independent institutions approved by the Judicial Yuan and Ministry of Justice that can provide assessment reports necessary for taking action in copyright and patent infringement cases.
Investigators are often an important part of pulling together the evidence, to get the receipts, quotes, samples, floor plans, and to make the supporting statements necessary to pull together a raid action. After getting further information about the infringers from the investigators, it is usually helpful to get asset checks run to see whether significant attachable real estate holdings or bank accounts are there for the taking and to evaluate the pros and cons of future criminal and civil litigation steps.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
01 to 02 years at the first instance, but varies with the complexity of the subject matter of the case. The appellate courts generally take a year to 18 months to complete proceedings at each instance.
A) Responsible Authority - Courts
B) Imprisonment Term – 03 to 05 years
C) Monetary Fine - 20% of the paid-in capital of the infringing company or NT$200,000
Criminal prosecution in Taiwan may not be deterrent enough.
There is an option for ADR and the same may depend on the contract between the parties.
The remedies available under border control measures (customs) include seizure and destruction of goods.
The applicant must bear the costs of customs intervention during enforcement.
Civil enforcement