Newsletter
PURCHASE OF COUNTERFEIT PRODUCTS FOR RE-SALE CONSTITUTES TRADEMARK INFRINGEMENT
Sale, display for sale, exportation or importation of counterfeit products will be subject to criminal liabilities of imprisonment of up to one year under Article 82 of the Trademark Act. As to the definition of "sale", the Keelung District Court, citing the opinion expressed in a judgment by the Supreme Court, held that the "sale" defined in the Trademark Act should not be limited to actual sale of the products and should also include purchase of the products for re-sale even if the products are not yet sold. Furthermore, the Taipei District Court indicated in a 2010 criminal judgment that the "display" prohibited under the Trademark Act should include display of the images of the products for sale on websites.