Trademark   

Counterfeiting and online piracy

How big a problem is counterfeiting and/or online piracy in Taiwan?

Taiwan has been removed from the USTR 301 Watch List for the protection of intellectual property rights since 2009. Piracy in the traditional marketplace is no longer the major issue and the suppliers of counterfeit goods are generally not local manufacturers. Consequently, it becomes impossible to locate the infringer, or to pursue any legal action against the infringer, as long as the infringer has no presence in this jurisdiction.

What industries are particularly at threat?

Consumer products are particularly at threat. They include electronic devices and their accessories, plush toys, bags and shoes.

What are the best strategies for dealing with the problem?

Before March 2010, the Board Of Foreign Trade (BOFT) operated the Trademark Export Monitoring System (TEMS) and encouraged trademark owners to register their trademarks with BOFT. Due to lack of use, BOFT cancelled TEMS. The current inspection practice principally relies on specific infringement reports or complaints filed by rights holders. Customs officers also routinely conduct random inspections on import and export goods.

Since the major sources of counterfeit products are generally located outside of this country, trademark rights holders need to closely watch infringing activities and file timely reports with Customs and Border Services.