chapter  36
10 Pages

Principles for applicable law for trademark infringement in Taiwan applicable to cases involving Hong Kong companies

WithKung-Chung Liu

The present trademark infringement case involved a defendant which is a Hong Kong company and has a business address in Taiwan. The present first-instance decision rendered by a single judge recognises that Taiwanese courts have jurisdiction and Taiwanese Trademark Act is the applicable law, which is in line with the decisions of Taiwan’s intellectual property Court in its capacity as the second instance court. The plaintiff has registered the Chinese characters as trademark for cosmetic and care products produced by the Swiss company “CRYOLAB S. The appellant alleged that the appellee’s act constituted trademark infringement and brought the suit, whose legal relationship should be characterised as a dispute over whether the trademark was infringed based on either Taiwanese or international trademark regime. In addition, according to the appellant, the infringing act took place in Taiwan, and the claims raised by the appellant, namely damages and exclusion of infringing act, were recognised by the Taiwanese Trademark Act.