Geographical indications are eligible for the protection, under the Trademark Act, the Tobacco and Alcohol Administration Law and the Fair Trade Law. The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. With regard to the protection under the Tobacco and Alcohol Administration Law and the Fair Trade Law, the recognition of a geographical indication does not require registration.

Geographical indications are eligible for the protection, under the Trademark Act, the Tobacco and Alcohol Administration Law and the Fair Trade Law. (a) The Trademark Act The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. However, pursuant to item 11 and item 18, paragraph 1, Article 23 of the Trademark Act, a trademark application will be rejected if it is misleading with respect to the nature, quality, or origin of the designated goods or services, or is similar or identical to the GI of wines and spirits originating in a country or region that has mutual trademark protection. Article 50 of the same Act also states that an interested party may request the competent authority to conduct a review for invalidation of the registration if it is in violation with the said provision. (b) The Tobacco and Alcohol Administration Law Pursuant to Paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law, producers or importers may choose to label geographical indications on their alcohol products, but the labelling shall not constitute false or misleading representation. Each violation is subjected to a fine of NT$100,000 to NT$500,000 (about US$2,941 to US$14,706), and the products are to be recalled and corrections to be made within a given period. Failure to comply will result in temporary manufacturing or import prohibition for six to twelve months, and confiscation of all merchandise in question. (c) The Fair Trade Law For any use of geographical indications that constitutes unfair competition, Article 21 of the Fair Trade Law, in conformity with Article 10bis of the Paris Convention, provides that enterprises shall not make false or misleading representations either on their products or in the advertisements of their products. In addition, they shall not sell, transport, export or import goods bearing false or misleading representations. Paragraph 3, Article 21 of the Fair Trade Law extends the scope of the aforementioned protection to services.

Yes, the regime(s) of protection of geographical indications does not exclude from services.

(a) Implementing Article 22.2 of the TRIPS Agreement: (i) The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. (ii) For any use of geographical indications that constitutes unfair competition, Article 21 of the Fair Trade Law, in conformity with Article 10bis of the Paris Convention, provides that enterprises shall not make false or misleading representations either on their products or in the advertisements of their products. In addition, they shall not sell, transport, export or import goods bearing false or misleading representations. (iii) Paragraph 3, Article 21 of the Fair Trade Law extends the scope of the aforementioned protection to services. (b) Implementing Article 23.1 of the TRIPS Agreement: The Tobacco and Alcohol Administration Law (i) Pursuant to Paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law, producers or importers may choose to label geographical indications on their alcohol products, but the labelling shall not constitute false or misleading representation. Each violation is subjected to a fine of NT$100,000 to NT$500,000 (about US$2,941 to US$14,706), and the products are to be recalled and corrections to be made within a given period. Failure to comply will result in temporary manufacturing or import prohibition for six to twelve months, and confiscation of all merchandise in question. (ii) The language of Article 22.1 of the TRIPS Agreement is incorporated into Article 13 of the Regulation Governing the Labelling of the Alcohol Products.

Answer not provided.

One domestic rice product has been approved for the protection as a certification mark. However, it is under opposition procedures because an interested party filed an opposition against the approval.

No, the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is not provided for any other product.

Yes, paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law and Article 13 of the Regulation Governing the Labelling of the Alcohol Products prevent the use of geographical indications identifying wines or spirits against products not originating in the place indicated by the geographical indication, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like. Pursuant to paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law, producers or importers may choose to label geographical indications on their alcohol products, but the labelling shall not constitute false or misleading representation. Each violation is subjected to a fine of NT$100,000 to NT$500,000（about US$2,941 to US$14,706), and the products are to be recalled and corrections to be made within a given period. Failure to comply will result in temporary manufacturing or import prohibition for six to twelve months, and confiscation of all merchandise in question.

The language of Article 22.1 of the TRIPS Agreement is incorporated into Article 13 of the Regulation Governing the Labelling of the Alcohol Products. Although the Trademark Act does provide the definition for geographical indication, but we will refer to it where applicable.

Yes, such a definition would comprise geographical indications identifying products of a certain quality or reputation which are linked to a specific region.

The criteria for recognition of a geographical indication will be made under the draft of Guidelines for Filing Applications for Registration regarding a Certification Mark Indicating Place of Origin.

Yes, there is human creativity involved in the making of specific products under protection by the system of geographical indications.

No, there are not.

The competent authorities of our government are in charge of deciding a link between the characteristics of an indication and its geographical origin. But it is still under discussion.

We have referred to general principles of the Tobacco and Alcohol Administration Law and the Trademark Act.

Since there is no different treatment for the protection between domestic and foreign geographical indications, the answer here would be the same as above mentioned.

No, there is no specific prohibition in the legislation/regulations/rules/procedures covering geographical indications not protected in the country of origin.

No.

We have referred to general principles of the Tobacco and Alcohol Administration Law and the Trademark Act. Exceptions to GI protections under Article 24 of the TRIPS Agreement are implemented through the exercise of bona fide use under Article 30 of the Trademark Act.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Pursuant to paragraph 2, Article 72 of the Trademark Act, only a juristic person, an organization or a government agency which is capable of certifying another person's goods or services shall be eligible to apply for certification mark registration.

Geographical indications are eligible for protection under the Trademark Act, the Tobacco and Alcohol Administration Law and the Fair Trade Law, whose respective competent authorities are the Intellectual Property Office of the Ministry of Economic Affairs, the Department of National Treasury of the Ministry of Finance and the Fair Trade Commission.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. The procedures, which lead to the recognition of a geographical indication under the Trademark Act must be based on the initiative of a juristic person, an organization or a government agency which is capable of certifying another person's goods or services.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Fee for filing a certification mark is NT$5,000 (about US$142), registration fee is NT$2,500（about US$71), and renewal fee is NT$4,000（about US$114).

The criteria may be purely geographic in nature.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. The criteria for recognition of a geographical indication will be made under the draft of Guidelines for Filing Applications for Registration regarding a Certification Mark Indicating Place of Origin.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Pursuant to Article 38 of the Trademark Regulation, in applying for a certification mark registration, the applicant shall submit an application specifying the following information: (a) Goods or services to be certified; (b) Contents to be certified by the mark; (c) Requirements for labelling the certification mark; (d) Applicant's qualifications or capability to do the certification; (e) Manners governing the use of the certification mark; and (f) A declaration made by the applicant stating that he/she does not engage in the manufacturing and marketing of the goods to be certified or provision of the services to be certified.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. And the goods or services with respect to which a geographical indication is claimed must be set out.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. The opposition, invalidation and revocation under the Trademark Act are provided to oppose the recognition of a geographical indication. After such a complaint, the Registrar Office shall conduct an investigation.

Following the answer to the previous question, anyone may file an opposition on the recognition of a geographical indication with the Registrar Office while only interested parties may file an invalidation or revocation on the recognition of a geographical indication with the Registrar Office.

[Answer 25: The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. The opposition, invalidation and revocation under the Trademark Act are provided to oppose the recognition of a geographical indication. After such a complaint, the Registrar Office shall conduct an investigation.]

Since there is no different treatment for the protection between domestic and foreign geographical indications, the procedure that has to be followed in order to obtain such recognition and consequent protection will be the same.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to Article 27 and 80 of the Trademark Act, the duration for certification mark is 10 years with right to renew.

Since we abolish the substantive examination of a renewal application, applicants do not have to provide any information. Renewal fee is NT$4,000 (about US$114).

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to according to item 2, paragraph 1, Article 57 and Article 80 of the Trademark Act, certification marks must be used in order to maintain rights. And pursuant to Article 73 of the Trademark Act, the use of a certification mark shall connote that the right holder of a certification mark, in order to certify the characteristics, quality, precision, origin or other matters of another person's goods or services, agrees the said person to indicate the said certification mark on articles or documents in connection with the said goods or services.

Yes, according to item 2, paragraph 1, Article 57 and Article 80, where, without valid reasons, a certification mark has not yet been put into use or has been suspended from use continuously for three years after registration, the Registrar Office shall, ex officio or upon an application, revoke the said registration.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to Article 79 of the same Act, the Registrar Office shall, upon request by any person or ex officio, revoke the registration of a certification mark, in the case where misuse of which by the right holder has caused damages to another person or the public.

Article 79 provides that the Registrar Office shall, upon request by any person or ex officio, revoke the registration of a certification mark, in the case where misuse of which by the right holder has caused damages to another person or the public. The term, misuse, referred to in the preceding paragraph shall connote any of the following conditions: (a) Where a certification mark is used as a trademark or indicated on articles or documents in connection with the goods or services provided by the right holder of the said certification mark; (b) Where the use of a collective membership mark or collective trademark has misled the general public regarding the nature of the organization thereof; (c) Where assignment, licensing, or creation of pledge is established in violation of the provisions of the preceding article; (d) One that has violated the set of articles governing the use thereof; or (e) One that is misused in other means.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to item 2, paragraph 1, Article 57, Article 79, and Article 80, where, without valid reasons, a certification mark has not yet been put into use or has been suspended from use continuously for three years after registration, interested parties may request termination of a certification mark based on non use or failure to maintain the criteria identified in the application.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. The procedures which lead to forfeiture of a certification mark can take place ex officio or be based on the initiative of an entity or person.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Whether a person may use a certification mark depends on the consent of its owner and the regulations governing its use.

The entity that obtained the recognition.

Whether a fee is charged for use of a certification mark depends on the regulations governing its use.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. If there is a dispute regarding use of a certification mark by a particular party, the regulations governing its use will resolve it. However, if the right holder does not monitor the use well, according to Article 79 of the same Act, that the Registrar Office shall, upon request by any person or ex officio, revoke the registration of a certification mark, in the case where misuse of which by the right holder has caused damages to another person or the public. The term, misuse, referred to in the preceding paragraph shall connote any of the following conditions: (a) Where a certification mark is used as a trademark or indicated on articles or documents in connection with the goods or services provided by the right holder of the said certification mark; (b) Where the use of a collective membership mark or collective trademark has misled the general public regarding the nature of the organization thereof; (c) Where assignment, licensing, or creation of pledge is established in violation of the provisions of the preceding article; (d) One that has violated the set of articles governing the use thereof; or (e) One that is misused in other means.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to Article 57 and 80 of the Trademark Act, the owner of a geographical indication can retain the right, as long as individual authorized users of that geographical indication use that geographical indication continually for three years after registration. As to whether the individual authorized users have to continually use the certification mark to retain their right to use it, it will depend on the regulations governing its use.

Following the answer to the previous question, it depends on the regulations governing its use.

[Answer 40: The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. According to Article 57 and 80 of the Trademark Act, the owner of a geographical indication can retain the right, as long as individual authorized users of that geographical indication use that geographical indication continually for three years after registration. As to whether the individual authorized users have to continually use the certification mark to retain their right to use it, it will depend on the regulations governing its use.]

Pursuant to Article 78 of the Trademark Act, the right of a certification mark shall not be assigned or licensed to another person for use, nor may it be the subject of a pledge. However, the aforementioned shall not apply in the case where such assignment or license to another person for use is unlikely to damage the interests of consumers, to contravene fair competition, and has been approved by the Registrar Office.

Exceptions to GI protections under Article 24 of the TRIPS Agreement are implemented through the exercise of bona fide use under Article 30 of the Trademark Act.

Answer not provided.

Answer not provided.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Therefore, geographical indications protection is on the basis of the "first come first served" principle. For example, Article 30 of the Trademark Act provides that any of the following conditions shall be free from the capacity of trademark rights of a person: (a) One who, through means of bona fide and fair use, expresses the same one's name, title, or the name, shape, quality, function, place of origin, or other description with respect to the goods or services provided by the same one for non-trademark purposes. (b) Where a three-dimensional shape of the goods or the packaging thereof is indispensable for performing its intended function(s). (c) Where, prior to the filing date of a registered trademark, a person has been using bona fide an identical or similar trademark designating on the identical or similar goods or services. However, the aforementioned only is applicable to those goods or services on which such trademark has already been in use; the trademark right holder of the said registered trademark may request the said person to attach appropriate and distinguishing label(s). Where goods bearing a registered trademark are traded or circulated in the marketplace by the trademark right holder or by an authorized person, or are offered for auction or disposal by a relevant agency, the right holder shall not claim trademark rights on the said goods. However, the aforementioned shall not apply in case of preventing deterioration or damage of goods or any other fair reasons.

Yes, our Trademark Act provides the refusal or invalidation of a trademark registration which consists of or contains geographical indications identifying wines or spirits with respect to such wines or spirits not originating in the indicated territory. (Item 11 and item 18, paragraph 1, Article 23 and Articles 40, 50 and 80)

Geographical indications are eligible for the protection, under the Trademark Act, the Tobacco and Alcohol Administration Law and the Fair Trade Law. They can be enforced as follows: (a) The Trademark Act (i) Article 72 provides that any person who wishes to exclusively use a mark to certify the characteristics, quality, precision, place of origin or other matters of another person's goods or services shall apply for certification mark registration. (ii) Item 11 and item 18, paragraph 1, Article 23 provides that a trademark application will be rejected if it is misleading with respect to the nature, quality, or origin of the designated goods or services, or is similar or identical to the GI of wines and spirits originating in a country or region that has mutual trademark protection. Article 50 of the same Act also states that an interested party may request the competent authority to conduct a review for invalidation of the registration if it is in violation with the said provision. (iii) person who infringes a registered certification mark may be subject to penalties of imprisonment and/or may be liable for compensation for damages. A trademark owner may apply to the customs authorities to suspend the release of goods that are suspected of infringing upon his trademark right (Articles 61-67, 80, 81-83). (b) The Tobacco and Alcohol Administration Law Pursuant to Paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law, producers or importers may choose to label geographical indications on their alcohol products, but the labelling shall not constitute false or misleading representation. Each violation is subjected to a fine of NT$100,000 to NT$500,000 （about US$2,941 to US$14,706), and the products are to be recalled and corrections to be made within a given period. Failure to comply will result in temporary manufacturing or import prohibition for six to twelve months, and confiscation of all merchandise in question. (c) The Fair Trade Law For any use of geographical indications that constitutes unfair competition, Article 21 of the Fair Trade Law, in conformity with Article 10bis of the Paris Convention, provides that enterprises shall not make false or misleading representations either on their products or in the advertisements of their products. In addition, they shall not sell, transport, export or import goods bearing false or misleading representations. The violation of the Fair Trade Law may be subject to fines.

Owners of geographical indications have the right to enforce a geographical indication.

Courts have jurisdiction over enforcement actions related to geographical indications. There are fees involved. For example, trial fees, etc.

The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. Pursuant to Article 12 of the Trademark Act, the Registrar Office shall publish and circulate an official gazette containing registered trademarks and relevant information thereof. Therefore, the public must be notified of the existence of a geographical indication.

No.

Yes, we are a member of the WTO in 2002. In addition, we have bilateral agreements with Mexico, the EC and Panama. Geographical indications are eligible for the protection, as required under Articles 22 and 23 of the TRIPS Agreement, under the Trademark Act, the Tobacco and Alcohol Administration Law and the Fair Trade Law. (a) Implementing Article 22 of the TRIPS Agreement: (i) The geographical indications to all goods and services are protected as "certification marks" under Article 72 of the Trademark Act. (ii) For any use of geographical indications that constitutes unfair competition, Article 21 of the Fair Trade Law, in conformity with Article 10bis of the Paris Convention, provides that enterprises shall not make false or misleading representations either on their products or in the advertisements of their products. In addition, they shall not sell, transport, export or import goods bearing false or misleading representations. (iii) Paragraph 3, Article 21 of the Fair Trade Law extends the scope of the aforementioned protection to services. (b) Implementing Article 23.1 of the TRIPS Agreement: (i) The Tobacco and Alcohol Administration Law Pursuant to Paragraph 2, Article 33 of the Tobacco and Alcohol Administration Law, producers or importers may choose to label geographical indications on their alcohol products, but the labelling shall not constitute false or misleading representation. Each violation is subjected to a fine of NT$100,000 to NT$500,000 （about US$2,941 to US$14,706), and the products are to be recalled and corrections to be made within a given period. Failure to comply will result in temporary manufacturing or import prohibition for six to twelve months, and confiscation of all merchandise in question. The language of Article 22.1 of the TRIPS Agreement is incorporated into Article 13 of the Regulation Governing the Labelling of the Alcohol Products.

No.