Laws and Regulations under TRIPS Art. 63.2 - View details of the document

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Main information

IP/N/1/TPKM/17, IP/N/1/TPKM/T/7

1. Notifying Member

Chinese Taipei

2. Subject matter

3. Notification status

4. Title of law or regulation

Trademark Act

5. Nature of notification

6. Brief description

According to the amendment of the Criminal Code published on November 30, 2016, provisions on confiscation under relevant laws prior to its effective date will no longer be applicable. However, to apply "confiscation" provisions of the Criminal Code, ownership of infringing goods has to be ascertained, along with legitimate grounds for obtaining. And there still are burden of proof and ascertaining procedures in ex officio confiscation. As a result, efficacy in combating counterfeiting would be compromised. In view of efficacy, an amendment was made in 2016 to exclude application of "confiscation" provisions of the Criminal Code and to maintain absolute obligation of confiscation under Article 98 of the Trademark Act. No changes were made to confiscation practices under the amendment.

7. Date of entry into force

8. Other date

9. Other information (if applicable)

Trademark applications are examined under the Trademark Act and the Enforcement Rules of the Trademark Act by the Intellectual Property Office (TIPO), an administrative agency of the Ministry of Economic Affairs. Website: http://www.tipo.gov.tw/ Contact email address: ipogp@tipo.gov.tw

10. Contact information of agency or authority responsible

Ministry of Economic Affairs 15 Fuzhou St. Taipei 10015 Phone: +886 2 2376 6141 Fax: +886 2 2737 3183 Website: http://www.moea.gov.tw/

11. Link to Legal text

12. Notes

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