Executive Yuan passes Trademark Act draft amendment to facilitate Taiwan’s TPP accession and stay current with the Criminal Code’s new confiscation provision - 2016.08.08

On June 23, 2016, TIPO’s draft partial amendment and amendment to Articles 98 and 111 of the Trademark Act passed review at the Executive Yuan and will later be reviewed by the Legislative Yuan. This is to facilitate TPP accession, as well as to stay current with the Criminal Code’s new confiscation provision.
Key revisions made to meet TPP requirements include: 1. The “knowingly” subjective assessment provision applied to determine civil or criminal liability for counterfeiting trademark labels is deleted. In its place, the general subjective assessment provision is restored and applied. 2. A new criminal penalty provision on counterfeiting trademarks or collective trademark labels is added. 3. Acts such as counterfeiting trademarks, collective trademarks or certification mark labels are clearly defined. The provision on banning sale of infringing goods is revised to include sale via electronic media or the Internet...read more

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