L&L-Leaven, Attorneys-at-Law updates

Non-traditional trademarks: IP Court clarifies requirements for determining criminal liability
L&L-Leaven, Attorneys-at-Law
  • Intellectual Property
  • Taiwan
  • 17 September 2018

Under Article 97 of the Trademark Act, maliciously selling and importing counterfeits is subject to criminal liability. However, defendants are liable only if they act with malicious intent to sell and import counterfeits – where no malicious intent is proved or where it is shown that the defendant simply acted recklessly, they will not be held liable. A recent IP Court decision has clarified the evidentiary requirements for determining criminal liability where the counterfeiting involves non-traditional trademarks.

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