Fair Trade Law Q&A - Counterfeiting

1. What approaches are there to seek solutions to disputes over counterfeiting in violation of Article 22 of the Fair Trade Law?

A1:

In the amended Fair Trade Law promulgated on Feb. 4, 2015, besides the regulation on counterfeiting being rearranged to become Article 22, the stipulations regarding administrative responsibility and criminal liability associated with counterfeiting practices are deleted due to the consideration of such provisions being supplementary regulations to the Trademark Act and prevention of inconsistency in legal interest protection. Civil liability is adopted instead. Therefore, after Feb. 6, 2015, parties involved in disputes over counterfeiting practices adopted by businesses in violation of Article 22 of the Fair Trade Law are to take civil procedures to seek solutions. The Fair Trade Commission will not intervene.

Relevant article(s) of law: Fair Trade Law, Article 22