Possession of trademark infringing products with intent for sale constitute infringement

05/01/2013

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Under the previous Trademark Act, possession of trademark infringing products is not prohibited. Under such circumstances, once the trademark infringing products have not been sold, displayed for sale, exported or imported, even if the suspected infringer intends to so, there is no liability of trademark infringement. In order to avoid any possibility of circulations of the trademark infringing products into the markets so as to strength the protection of the trademarks, the amendments of the Trademark Act effective on 1 July 2012 explicitly prohibits and imposes civil and criminal liabilities upon the possession of the trademark infringing products with intent for sale.