For imprisonment and monetary fines, please see the answer to question 21 above. In addition to the provisions listed in the answer to question 21 above, Article 52 of the Tobacco and Alcohol Administrative Law imposes administrative fines on false or misleading marking of age, year or geographical indication of alcoholic products. Any person who violates this Article shall be subject to an administrative fine between NT$100,000 and NT$500,000. Destruction of infringing goods According to Article 133 of the Code of Criminal Procedure, any articles that can be used as evidence or can be confiscated may be attached. Any articles, belonging to the offender, used in the preparation or commission of a crime, or acquired from the commission of a crime may be confiscated (Article 33 of the Criminal Code). Apart from the Criminal Code, Article 88bis of the Copyright Law, Article 88 of the Patent Law, the Trademark Law, Article 11 of the Trade Secret Act, Article 45 of the Tobacco and Alcohol Administrative Law and Article 32 of the Integrated Circuit Layout Protection Act warrant the destruction of the infringing goods.
[Answer 21: Any person who committed the following offence shall be subject to imprisonment or a fine: The Copyright Law (Articles 91 to 96) A person who reproduces without authorization the work of another person with or without the intention to sell or rent shall be imprisoned for between six months and three years, and in addition thereto, fined not more than NT$200,000. A person who reproduces without authorization the work of another person with the intention to sell or rent shall be imprisoned for between six months and five years, and in addition thereto, fined not more than NT$300,000 (Article 91). A person who infringes upon other’s economic rights by means of unauthorised public recitation, public broadcast, public presentation, public performance, public display, adaptation, compilation or renting such work shall be imprisoned for not more than three years, and in addition thereto, fined not more than NT$150,000 (Article 92). In any of the following circumstances, a person shall be imprisoned for not more than two years, and in addition thereto, fined not more than NT$100,000 (Article 93): - Infringing upon the author’s moral rights. - Exporting the reproduction of compulsory licensed sound recordings outside the territory of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu. - Using a work in a manner which would damage the reputation of the author of such work. - Distributing, exhibiting or possessing with the intention to distributing, or delivering with the intention to make profit, a copy with the knowledge that it is an infringing copy of copyright or plate-right. - Importing any copies produced without the authorization of the owner of the economic rights or the plate-right. - Importing the original or any copies of a work without the authorization of the owner of the economic rights. - Making use for direct profit of a copy of a computer program with the knowledge that it is an infringing copy of the economic rights to such computer program. A person who is engaged in infringing acts as specified in Articles 91, 92 and 93 as a vocation shall be imprisoned for between one year and seven years, and in addition thereto, fined not more than NT$450,000 (Article 94). In any of the following circumstances, a person shall be imprisoned for not more than one year, and in addition thereto, fined not more than NT$50,000 (Article 95): - Infringing upon the moral right of a deceased author. - Infringing upon a plate right as specified in Articles 79 and 87. - Violation of Article 112. Violation of paragraph 2 of Article 59 and Article 64 shall be subject to a fine of not more than NT$50,000 (Article 96). The Trademark Law (Articles 62, 63 and 65) In any of the following circumstances, a person shall be imprisoned for not more than three years, and in addition thereto or in lieu thereof, fined not more than NT$200,000 (Article 62): - Defrauding others by using a design which is identical with or similar to other persons' trademark. - Defrauding others by adding a design which is identical with or similar to other persons' trademark design to advertisements, labels, descriptive literature, price lists or other documents of the same goods or similar goods and displaying or circulating such materials. Knowingly selling, displaying for sale, exporting or importing the above-mentioned goods shall be imprisoned for not more than one year, detention, and in addition thereto or in lieu thereof, fined not more than NT$50,000 (Article 63). Any person who maliciously uses the word in other persons' trademark as the specific portion of the name of his own company or firm for conducting business in respect of the same goods or similar goods and has failed to stop such use after being requested by the interested party to do so shall be imprisoned for not more than one year, detention or fined not more than NT$50,000 (Article 65). The Patent Law (Articles 123 to 130) Manufacturing a patented product invention without consent of the patentee shall be fined not more than NT$600,000 (Article 123). Making use of a patented process without prior consent of the patentee shall be fined not more than NT$300,000 (Article 124). Manufacturing the products covered by a utility model patent without prior consent of the patentee shall be imprisoned for not more than two years, detained, or in lieu thereof or in addition thereto, fined not more than NT$150,000 (Article 125). Manufacturing the products covered by a new design patent without prior consent of the patentee shall be imprisoned for not more than one year, detained, or in lieu thereof or in addition thereto, fined not more than NT$60,000 (Article 126). Knowingly selling, exhibiting or importing with intent to sell any counterfeited or imitated products of a patented invention without prior consent of the patentee shall be fined not more than NT$60,000 (Article 127). Knowingly selling, exhibiting or importing with intent to sell any counterfeited or imitated products of a patented utility model without prior consent of the patentee shall be imprisoned for not more than six months, detained, or in lieu thereof or in addition thereto, fined not more than NT$30,000 (Article 128). Knowingly selling, exhibiting or importing with intent to sell any counterfeited or imitated products of a patented new design without consent of the patentee shall be detained, or in lieu thereof or in addition thereto, fined not more than NT$15,000 (Article 129). An advertisement made by a patentee, licensee or the holder of compulsory license going beyond the scope granted or the false marking of a patent number on a non-patented object or an object manufactured by a non-patented process shall be imprisoned for not more than 6 months, detained, or in lieu thereof or in addition thereto, fined not more than NT$50,000 (Article 130). Fair Trade Law (Articles 19 and 20) Acquiring by coercion, inducement with profit or other improper means, the secret of production and sales, information concerning trading counterparts or other relevant technical secret of any other enterprises (Article 19). Any violator of this Article who continues the violation after having been ordered by the central competent authority to cease and desist shall be punished by imprisonment for not more than two years, detention, or in lieu thereof or in addition thereto, a fine of not more than NT$500,000 (Article 36). Use in an identical or similar manner of the name of any other person, the name of a business establishment, a corporate name or other symbols signifying the business or service of another person that are commonly known to the relevant public, if such use causes confusion with the facilities or activities of the business or service of any other person, or use of an identical trademark which is identical or similar to a well-known foreign trademark not registered in this country, or the sale, transport, export or import of goods bearing such trademark (Article 20). Any violator of this Article who continues the violation after having been ordered by the central competent authority to cease and desist shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto, a fine of not more than NT$1,000,000 (Article 35). The Plant Seed Law (Article 41) Any person who promotes or sells a registered new variety without the consent of the owner of such new variety right shall be subject to imprisonment not exceeding two years, or detention, or in lieu of, or in addition thereto a fine not exceeding NT$60,000. Any person who uses a registered new variety without the consent of its owner shall be subject to imprisonment not exceeding 6 months, or detention, or in lieu of, or in addition thereto a fine not exceeding NT$5,000.]