Implementation regulations for customs authorities to suspend goods infringing on trademark rights

Article 1
These Regulations are prescribed in accordance with Article 68 of the Trademark Act（hereinafter referred to as "the Act"）.

Article 2
A trademark right holder who applies for suspension of release of imported or exported goods that are suspected of infringing on his/her trademark rights shall submit in writing to the Directorate General of Customs or Customs authorities at the port where the goods are to be imported or exported. In addition, the following information shall be submitted:

1 Facts of infringement, along with descriptions which may sufficiently identify the infringing goods.

2 Relevant substantive information including name of importer/exporter suspected of committing the infringement, name of goods, ports and dates of importation/exportation, ship or flight numbers, container numbers, storage location, and other relevant information.

3 Trademark registration certificate or other documentation which may sufficiently identify the trademark rights.

Where the complaint is lodged by a representative agent, proof of representation shall be submitted.

Article 3
Application for suspension of release of goods that are suspected of infringing on trademark right shall include a bond in an amount equivalent to the duty-paid price of the imported goods or the F.O.B. price of the exported goods, which is assessed by the Customs Authority, or an equivalent in one of the following securities:

1 Bonds published by the government.

2 Certificate of bank deposit.

3 Certificate of credit cooperative deposit.

4 Over one year's trust certificate from investment company.

5 Guarantee from loan institution.

A pledge for items (1) through (4) of the preceding paragraph shall be established with Customs authorities.

Article 4
Customs authorities shall forthwith proceed with the suspension shall an application for suspension of release satisfy the provisions in Article 65 of the Act.

Where an application for suspension of release requires correction or supplements, Customs authorities shall notify the applicant immediately to submit the requirements. Customs clearance procedures shall not be affected, while the application is awaiting submission of the supplementary requirements.

Article 5
Pursuant of Article 65 of the Act, the applicant or the party whose goods are being detained shall apply for inspection of the goods, in writing, to Customs authorities at the port where the goods are to be imported or exported.

The inspection referred to in the preceding Paragraph shall be conducted in the manner and at the time and place as appointed by Customs authorities.

While arranging the appointment as set forth in the preceding Paragraph, Customs authorities shall take caution against jeopardizing the confidentiality of the detained goods.

Article 6
Request to revoke the suspension of release by the party whose goods are being detained shall apply in writing to the Directorate General of Customs or Customs authorities at the port where th e goods are to be imported or exported. In addition, a bond in an amount equivalent to two times the bond set forth in Article 3 or an equivalent security shall be provided.

The security set forth in the preceding paragraph shall be in accordance with Article 3 of this Regulation.

Article 7
Shall the court dismisses infringement allegation or rules that the detained goods infringe no trademark rights, the applicant or the party whose goods being detained shall apply, in writing and submit relevant documents, to Customs authorities to revoke the suspension of release.

Article 8
These Regulations shall come into force from the date of promulgation.