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Obtaining Samples of Counterfeit Goods from Taiwan Customs

by WP

Taiwan’s Directorate General of Customs has updated regulations regarding trademark enforcement on import/export goods in order, the Directorate General says, to facilitate the protection of the rights of trademark owners.

Among the updates are provisions detailing the circumstances under which trademark owners may submit requests to borrow samples of suspected goods for inspection. Taiwan Customs will approve requests only if it is difficult to obtain on-site verification of the trademark’s authenticity. The trademark owner must provide a representative to come in-person for the sample good and provide their name, address, and the amount of the suspected good being taken for inspection, as well as give written agreement not to infringe on the interests of the importer and to not use the sample goods improperly. Pursuant to the Trade Mark Act passed in July, the trade mark owner must also post a security bond equal to 120% of the duty-paid price of the goods and relevant duties and taxes or the FOB price of the exported goods and relevant duties and taxes. The value of this security bond must be greater than 3000NTD. If the goods are not returned within the specified amount of time, if they have been damaged, or if they are not the original goods, the owner of the goods may claim damages and satisfy the judgment from the security deposit posted by the trademark holder.

The update also stated that trademark owners can apply to provide customs with information about the infringement of their trademark.

 

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