Will You Be Fined for Importing Counterfeit Luxury Goods Bought Online to Taiwan?

Updated 2026-08-31 | Regulations and statistics are based on the primary sources verified as of the date noted on this page

2025 New Regulations and Enforcement Reality

On May 29, 2025, Taiwan's Ministry of Finance amended and published the "Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases," effective from June: smuggled counterfeit goods no longer qualify for the fine exemption on shipments valued under NT$5,000 — seized goods are always confiscated and may incur a fine of up to 3 times their value. Counterfeit goods imported through normal declared shipments never had a small-value exemption in the first place.

2025 Seizures

4.92 Million Counterfeit Items

According to Customs Administration statistics: in 2025, 430 intellectual property infringement cases were detected, involving 4.92 million counterfeit items. The top three categories were cigarettes, pharmaceuticals, and apparel — even counterfeit NVIDIA chips have been seized (8 units, worth over NT$7 million).

Value of Infringement

Over NT$900 Million

The value of infringement from counterfeit goods seized in 2025 exceeded NT$900 million (Customs Administration press conference, 2026-04-15). Enforcement isn't an abstract slogan — it's hundreds of real cases every year.

From June 2025

Small-Value Smuggling Exemption Abolished

Under the old rules, smuggling cases with goods valued under NT$5,000 could be exempt from fines (confiscation still applied). Under the amended rules, goods infringing trademark, patent, or copyright are excluded from the exemption — no matter how small the value, a fine still applies.

Source: Ministry of Finance Order No. 1141013915 (dated 2025-05-29) (amending Article 4 of the Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases); Customs Administration 2025 border intellectual property enforcement statistics. Verified as of 2026-08-31.

Why Importing Counterfeit Goods Is Illegal

Counterfeit goods infringe on others' trademark and copyright rights, and importing them touches on the Trademark Act, the Copyright Act, and the Customs Anti-smuggling Act all at once. What customs determines is whether the goods are counterfeit — not their value, purpose, or whether you knew. Once infringement is determined, confiscation is mandatory by law and a fine may also be imposed. Using an overseas consolidation warehouse address and having the goods reshipped to Taiwan doesn't change anything — the recipient still bears the importer's responsibility.

Many people assume "buying one item for personal use is fine" — there is indeed a difference at the criminal liability level (see the tiers below), but confiscation of goods and administrative fines don't distinguish between personal use and selling: the item is still confiscated, you may still be fined, and destruction costs may still be recovered from you.

Tiers of Criminal and Administrative Liability: Personal Use vs. Intent to Sell

Importing counterfeit goods for personal use, with no intent to sell: there is no criminal liability under the Trademark Act, but the goods are still confiscated and you may still be fined up to 3 times the value of the goods. The moment there is "intent to sell," criminal liability applies — these are two completely different levels of consequence.

ScenarioLegal ConsequenceLegal Basis
Personal-use import (no intent to sell)No criminal liability under the Trademark Act; but the goods are confiscated and a fine of up to 3 times the value of the goods may apply, with destruction costs over NT$5,000 recovered from the importerCustoms Anti-smuggling Act, Article 39-1
Importing with intent to sell counterfeit trademarked goodsUp to 1 year imprisonment, detention, or a fine of up to NT$50,000, or both (the same applies to online selling)Trademark Act, Article 97
Using, for marketing purposes, a trademark identical or similar to another'sUp to 3 years imprisonment, detention, or a fine of up to NT$200,000, or bothTrademark Act, Article 95
Importing pirated goods (books, discs, games, and other unauthorized reproductions)Deemed copyright infringement; criminal liability of up to 2 years imprisonment, a fine of up to NT$500,000, or both. An exception applies for personal, non-distributive use limited to one copy per work per instanceCopyright Act, Article 87 Paragraph 1 Item 3, Article 93 Item 3, Article 87-1
Smuggling by concealment (undeclared smuggling)A fine of up to 3 times the value of the goods plus confiscation; since June 2025, infringing goods no longer qualify for the fine exemption on shipments under NT$5,000Customs Anti-smuggling Act, Article 36; Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases, Article 4

The import penalty under Article 97 of the Trademark Act requires "intent to sell" as a constituent element (post the 2022 amendment); purely personal use does not constitute criminal liability under this article, but administrative liability and confiscation are unaffected. See the Laws & Regulations Database of the Republic of China for the original legal text. Verified as of 2026-08-31.

Online Shopping Scenarios Most Likely to Result in Counterfeits

A Price Far Below Market Value = The Biggest Red Flag

According to an EUIPO 2023 survey (25,824 interviews): nearly 4 in 10 (39%) European consumers have suspected they bought a counterfeit product, rising to 52% among those aged 15–24 — unknowingly falling victim is more common than you'd think, and these four scenarios are the most dangerous:

How Customs Detects Counterfeit Goods

Trademark rights holders can submit product identification features and apply to customs for "presentation protection" (rights registration). Customs carries out border enforcement under the "Regulations Governing Customs Protection Measures for Trademark Rights," and when goods showing a clear risk of infringement are found, it notifies both the rights holder and the importer/exporter simultaneously.

The process has clear time limits: the rights holder must appear in person to make an identification within the deadline (24 hours for air and sea imports, 4 hours for air exports), and must submit evidence of infringement within 3 working days. The importer/exporter likewise has 3 working days to submit proof of "no infringement" — otherwise, the goods are not released and are handled under the Customs Anti-smuggling Act. Imported postal parcels and express shipments are equally subject to inspection — small parcels from online consolidation are not a blind spot for enforcement; they are a key focus.

How Big Is the Global Counterfeit Trade?

According to a joint OECD and EUIPO study (2025 edition): global trade in counterfeit goods in 2021 was estimated at USD 467 billion, accounting for 2.3% of total global imports; China accounted for 45% of all seizure cases; clothing, footwear, and leather goods together accounted for 62% of seized counterfeit goods.

Source: OECD/EUIPO, "Mapping Global Trade in Fakes 2025" (OECD press release, 2025-05-07); EUIPO, "2023 IP Perception Study." Verified as of 2026-08-31.

The Right Way to Verify Authentic Products

Rather than studying "what happens if you get caught," it's better to buy the right thing from the start. Five checkpoints:

  1. Use Official ChannelsBrand official websites, official flagship stores, officially authorized dealers — the channel is always the first guarantee of authenticity.
  2. Use Platforms with Authentication MechanismsFor trend/streetwear items, use platforms with third-party verification like Dewu's "authenticate before shipping" — authentication records are kept and traceable.
  3. Use Inspection Services for High-Value Secondhand ItemsFor high-value items on secondhand platforms like Xianyu, use the platform's inspection service and cross-check prices against Dewu — don't rely only on the seller's photos.
  4. Reject Obviously Low Prices"Luxury" items priced far below market value are almost certainly counterfeit; "export overstock," "factory original," and "factory surplus" are counterfeit sales pitches, not bargains.
  5. Use Legitimate Consolidation and Declare HonestlyDeclare item names and prices truthfully; don't conceal "luxury" items of unknown origin — don't let one counterfeit item jeopardize your entire shipment.

Frequently Asked Questions

Note: HowBridge does not ship counterfeit goods. This page is educational content on legal risk; for individual cases, please consult the Ministry of Finance's Customs Administration and the Ministry of Economic Affairs' Intellectual Property Office.

Will I be fined for shipping counterfeit or fake luxury goods bought online back to Taiwan?
Yes, there will be real losses. If customs determines the goods are counterfeit, they are confiscated under Article 39-1 of the Customs Anti-smuggling Act, and a fine of up to 3 times the value of the goods may also apply. Since June 2025, even small smuggling cases (goods valued under NT$5,000) no longer qualify for the fine exemption. Whether you bought the fakes through online shopping, a secondhand platform, or a purchasing agent, the responsibility for importing them falls on the recipient.
I only bought one item for myself — will I face criminal liability?
Purely personal-use import with no intent to sell does not constitute criminal liability under Article 97 of the Trademark Act (which requires "intent to sell" as an element). But don't celebrate too soon: the goods are still confiscated, a fine of up to 3 times the value of the goods may apply, and destruction costs over NT$5,000 will still be recovered from you — no criminal liability doesn't mean no loss of money or goods. Once intent to sell is determined (for example, multiple units of the same item, or a sales record), it becomes a criminal case carrying up to 1 year of imprisonment.
Can customs really detect counterfeit goods?
Yes, and enforcement is significant: in 2025, the Customs Administration detected 430 infringement cases involving 4.92 million counterfeit items worth over NT$900 million. International data also shows about 65% of counterfeit seizure cases come through small parcel and postal channels (OECD/EUIPO 2025) — small parcels from online shopping consolidation are a key enforcement focus, not a blind spot.
I was tricked into buying fakes — will I still be penalized?
Confiscation of goods is a mandatory statutory measure that does not require knowledge as an element — even if you were deceived, the goods are still confiscated, and destruction costs over NT$5,000 will still be recovered from the importer by customs. As for the fine, you can in theory argue there was no intent or negligence (Article 7 of the Administrative Penalty Act), but in practice, a "clearly unreasonable low price" is usually found to indicate negligence and is difficult to overturn. For losses from being deceived, you'll need to pursue civil claims against the seller separately. The best self-protection is verifying the source of authentic goods beforehand.
Which online shopping scenarios are most likely to result in counterfeits?
Four high-risk scenarios: ① sellers of unknown origin on secondhand/C2C platforms ② purchasing agents claiming "guaranteed authentic" at clearly below-market prices ③ social media/livestream sales pitches like "export overstock," "factory original," or "factory surplus" ④ high-quality replica shoes, bags, and watches. A price far below market value is the biggest red flag — an EUIPO survey found nearly 4 in 10 consumers have suspected buying fakes; unknowingly falling victim is very common.
Can pirated books, discs, or game cartridges be shipped back to Taiwan?
No. Importing unauthorized reproductions is deemed copyright infringement under Article 87 Paragraph 1 Item 3 of the Copyright Act, carrying criminal liability of up to 2 years imprisonment, a fine of up to NT$500,000, or both. The only exception is under Article 87-1, for "the importer's personal, non-distributive use" — per Intellectual Property Office announcements, this is limited to one copy per work per instance; multiple copies in bulk do not qualify.
How can I make sure I'm buying authentic goods and importing them legally?
Five steps: ① use brand official websites/officially authorized channels ② for trend items, use platforms with authentication mechanisms like Dewu's "authenticate before shipping" ③ for high-value secondhand items, use inspection services and cross-check prices ④ reject obviously low-priced "luxury" items ⑤ use legitimate consolidation and truthfully declare item names and prices.
Will HowBridge ship counterfeit goods for me?
No. Counterfeit goods are prohibited from import, and HowBridge does not ship them, in accordance with the law. Any suspected counterfeit found at intake into our Shenzhen warehouse will not be consolidated. We encourage buying authentic goods from channels with authentication mechanisms (such as Dewu's "authenticate before shipping") — authentic goods can go through legitimate consolidation and customs clearance, safely and legally.

Buy Authentic, Ship Legally

Authentic source recommendations, proper customs clearance, EZ Way declaration assistance — buy the right thing from channels with authentication mechanisms, and leave the rest to legitimate consolidation.

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Authority references

This page cites primary government, judicial, and academic sources from HowBridge’s customs reference index (1,171 records). Each item links to its original source.

Reference index data version: 2026-08-16