ANTI-PIRACY STRATEGIES AVAILABLE UNDER TAIWAN INTELLECTUAL PROPERTY LAW
The “conventional” approach to anti counterfeiting in Taiwan has been through the threat of criminal action. Rights holders have perceived (and this did have some merit in the past) that they could most inexpensively enforce their rights through the criminal procedures. However with the very low rate of actual jail sentences and the low or absence of fines, the criminal approach should be only one possible option in plotting a strategy. Regardless, the remedies in actions available under law would involve the filing of civil and criminal actions, attaching property, and filing of injunctions.
This is a general idea of what we think would be the necessary activities to make this project a success:
- Review all previous cases and decisions for repeat offenders, common sites, common leads other patterns
- Work with government agencies (Intellectual Property Offices Anticounterfeiting Division, prosecutors, judges, customs) to educate them on the I.P. proprietor’s products in Taiwan – introduce the brand, how to tell infringements, sources etc. This will lead to considerable awareness and policing improvements.
- Meet regularly with local window and/or licensing people to keep up to date on what’s happening in the market.
- Assist with an audit of the licensing procedures and make recommendations as appropriate to ensure the practices do not impair the global brand principles and strategies of the product .
- Work with local in house counsel to streamline procedures for identifying problem companies and products; do background checks (including checks against data base) to devise strategies, issue Cease & Desist or warning letters, initiate follow up contacts and letters when appropriate, supervise investigators, negotiate settlements and provide full recommendations on follow up criminal, civil or administrative (e.g., Fair Trade Commission) legal proceedings.
- Review all Taiwan decisions from past 2-4 years and develop a database of closed and current cases. This will help the proprietor not only identify patterns, but also identify possible repeat offenders, same addresses, different companies, etc.
- Devise guidelines for the investigators, and conduct initial review and screening of some of the sightings.
FOR ANY INFORMATION concerning anti-piracy measures or if you would wish to talk about any potential relating to Intellectual Property law in Taiwan, please contact the writer of this Article for a further discussion.