Taiwan Customs Procedures for Seizure of Suspected Trademark-Infringing Goods

I. Customs Enforcement Procedures

1. Notification by Customs
   Upon identifying goods suspected of infringing a registered trademark, Customs shall notify the trademark owner accordingly.
2. Preliminary Determination by Trademark Owner (1 Business Day)
   The trademark owner shall, within one (1) business day of receipt of such notification, advise Customs whether the goods in question are considered infringing.
3. Submission of Infringement Report (3 Business Days)
   Within three (3) business days, the trademark owner shall submit a formal infringement assessment report. This period may be extended by an additional three (3) business days upon request.
4. Parallel Request for Non-Infringement Evidence
   Concurrently, Customs shall request the importer/exporter to provide evidence substantiating non-infringement. Where the trademark owner has submitted prima facie evidence of infringement (e.g., an expert or verification report):
   • Failure by Importer/Exporter to Respond
     If the importer/exporter fails to submit evidence of non-infringement within the prescribed period:
     • Customs shall proceed to detain (seize) the goods; and
     • The matter shall be referred to the competent District Prosecutors Office for further criminal investigation.
   • Submission by Importer/Exporter
     If the importer/exporter timely submits evidence of non-infringement:
     • The trademark owner may proceed with the subsequent procedures set forth below.
5. Application for Seizure and Security Deposit (3 Business Days)
   Customs shall require the trademark owner to provide a security deposit within three (3) business days as a condition for applying for the detention of the goods.
6. Consequences of Providing or Failing to Provide Security
   • Failure to Provide Security
     If the trademark owner fails to furnish the required security deposit:
     • Customs shall release the goods.
   • Provision of Security
     If the trademark owner provides the required security deposit:
     • The trademark owner shall proceed with the following legal actions.
7. Initiation of Civil Proceedings (Within 12 Days)
   Within twelve (12) days, the trademark owner shall initiate a civil action before the Intellectual Property and Commercial Court and notify Customs accordingly.
   Available remedies include:
   • Continued detention of infringing goods
   • Destruction of infringing goods
   • Injunctive relief (cessation and prevention of infringement)
   • Monetary damages

II. Practical Considerations and Recommendations

1. Parallel Criminal Proceedings
   In addition to civil litigation, the trademark owner may file a criminal complaint or accusation with the competent District Prosecutors Office. Trademark infringement constitutes a public offense under Taiwan law. Initiating criminal proceedings may prompt prosecutorial measures such as search and seizure, thereby exerting additional pressure on the alleged infringer and facilitating potential settlement.
2. Assessment of Damages in Civil Actions
   Where the goods have not yet been distributed or entered the Taiwan market, courts typically find no substantial damage incurred by the trademark owner. Consequently, claims for damages in such circumstances may have a relatively low likelihood of success.
3. Customs Recordation (Protective Filing)
   Trademark owners are advised to apply for trademark recordation with Customs. Such recordation enables Customs authorities to proactively monitor imports and exports for potential infringement of the registered trademark.

Taiwan Customs Procedures for Seizure of Suspected Trademark-Infringing Goods