TIPS^®  Taiwan Intellectual Property Special

Draft on Boarder Protection for Trademark Products Proposed by the IPO

Anticipating to enter into the World Trade Organization (WTO) by the end of year 2000, several laws and regulations relating to intellectual property rights have been revised by Taiwan government, in order to comply with the provisions of TRIPs. However, relevant provisions regarding the boarder protection regime have not been implemented in the Patent Law, Trademark Law, and Trade Secret Act.

Although the trademark owner may seek for protection by seizing the infringing goods pursuant to Civil Procedure Law and Criminal Procedure Law, the IPO proposed the Draft of Articles 60-1 to 60-4 to facilitate the boarder protection for trademark products. The IPO believes that the above Draft may reinforce the relevant provisions in the TRIPs.