TIPS^®  Taiwan Intellectual Property Special

TSAI, LEE & CHEN-P.6

the accused party to cease the publishing of such advertisement immediately. Horng-Lien was also punished for a fine of fifty thousand dollars.

In addition, the FTC in a new Disposition made on December 14, 2000 held that the accused party, Koo-Tsai website, unfairly appropriated the content of the aggrieved party, 104-job-finding bank website, and thus constituted the unfair competition stipulated in Article 24 of the FTL. In this case, two companies posted commercial on the 104-job-finding bank website found that, although they did not post commercial or request to post commercial on the accused party’s website, the commercials they posted on the 104-job-finding bank have been posted unchanged onto the accused party’s website. The FTC further found that, the accused party copied and re-posted the commercials on 104 job-finding bank onto its own site with an intention to seduce more customers to view its site. Accordingly, the FTC ruled that the accused party’s above behavior has seriously influenced the nature of competition and violated Article 24 of the FTL and should be fined for two hundred and fifty thousand dollars.