Imports or exports suspected of trademark infringement can be detained by Taiwan's Customs according to the "Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark."
Under the said Regulation, the proprietor of a registered trademark may seek to have an infringing import/export detained by filing a written request with Customs along with supporting materials/information including (1) the fact of infringement as well as a description of the infringing goods' identifiable features; (2) name of the exporter/importer, name of the goods, import/export ports, date, number of flight or ship, number of container, storage venue of the goods; and (3) the Certificate of Trademark Registration. Customs shall notify the proprietor of a registered trademark whether the information submitted is specific enough for acceptance, and shall provide rationales if the request is dismissed.
In addition, the proprietor of a registered trademark may also file an application to Customs for recordal of registered trademarks so as to ban relevant goods suspected of infringement from being imported or exported. Based upon such recordal, Customs will conduct goods inspection.
Note that each filing of customs recordation can cover only one registered trademark. Moreover, customs recordation can only be conducted against a valid registered trademark. A customs recordation, once effectuated, will remain in force until the due date for renewal of the registered mark, and the recordation is renewable after the registered mark is duly renewed.
The required documents for filing a customs recordation include (1) a detailed description of the characteristics of the authentic product and guideline on how to identify infringing goods; (2) electronic image files to identify the defining characteristic of genuine goods and infringing goods; (3) information on the trademark owner's local contact; and (4) the Certificate of Trademark Registration.
If any imported/exported goods suspected of infringement are found, Customs will notify the proprietor of a registered trademark to appear before Customs within a prescribed time limit (within 4 hours for export air flight, and within 24 hours for import air flight and import/export sea flight) and to examine the goods. If the proprietor of a registered trademark fails to show up within the time limit, Customs will release the goods.
If the detained goods are recognized by the proprietor of a registered trademark as counterfeits and if the importer/exporter fails to submit rebutting evidence, the goods will be formally detained by Customs and the case as well as the detained goods will be transferred to the judicial authorities.
For more information, please visit https://www.tipo.gov.tw/ct.asp?xItem=515728&ctNode=6822&mp=2
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
