A Study on Applicability of Articles
20 and 24 of the Fair Trade Law to Appearance of Counterfeiting Goods or Services
Cases
Abstract
This research has come out with many results. Due to the constraint of an
abstract, only the following will be mentioned:
Registered trademarks
are included in Article 20 of the Fair Trade Law.
Symbols widely known to the relevant
enterprises or consumers must have exceptionally high reputation among absolute
majority of the relevant enterprises or consumers.
The term " identical or similar
use" of Article 20 of the Fair trade Law should be interpreted as "using
identical or similar symbols, whether in sound, appearance or idea, so as
to cause the likelihood of confusion."
Confusion means confusion about
the goods, their sources and the legal entities.
Article 24 of the Fair Trade Law
has been overly used and needs more typification.
Beyond the jurisdiction of Article
20, Article 24 of the Fair Trade Law can be applied, e.g. the protection against
dilution, and the protection for symbols not yet in Taiwan but already widely
known in foreign countries.