Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark｜第 7 條｜關務｜Regulation｜In Force
財政部｜v1.0
Last Amended: 2021-09-15
Where Customs acts upon its own initiative and finds that imported or exported articles in respect of which it has acquired prima facie evidence that a trademark right is likely to be infringed, Customs shall give a notice to the proprietor of the trademark and the importer/exporter. The proprietor of a registered trademark and exporter/importer should follow the procedures as below after receiving the aforementioned notification: 1. The proprietor of a registered trademark shall state their intention to and identify the items in question on-site or on the e-platform authorized by Customs within four (4) hours for export by air freight, and within twenty-four (24) hours for import/export by sea freight and import by air freight, and then submit evidence of infringement or non-infringement by means of written documents or via electronic data transmission on the e-platform within three (3) business days. Anyone failing to provide such evidence in time should apply in writing or via electronic data transmission on the e-platform with a legitimate reason for an extension of additional three (3) business days prior to the deadline. Application for extension is acceptable only once. 2. The importer/exporter should submit documents of non-infringement by means of written documents or via electronic data transmission on the e-platform within three (3) business days. Anyone failing to provide such evidence in time should apply in writing or via electronic data transmission on the e-platform with a legitimate reason for additional three (3) business days prior to the deadline. Application for extension is acceptable only once. When dealing with the notification of Paragraph 1, Customs may make it by means of words, written document, telephone, email or facsimile and make a record attached to the file. When dealing with the notification of Paragraph 1 and failing to obtain the contact information of the proprietor of a registered trademark, Customs may seek assistance from the Registrar Office to provide the information within one (1) business day. After receiving the notification of Paragraph 1, the proprietor of a registered trademark may receive the photo files of suspected infringing goods taken by Customs via the e-platform authorized by Customs so as to determine whether to identify the goods or not. Photos that Customs provided shall not be the only basis of infringement or non-infringement evidence.