| Trademark Act Article 73Nov. 30, 2016 |
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Revocation of detention Customs shall revoke the detention if any of the following exists: (1) within a period of twelve days after the applicant has been served notice of admission of the application, Customs has not been informed that proceedings claiming that the detained articles are infringing articles pursuant to Article 69 have been initiated by the applicant; If the detention is revoked pursuant to Paragraph 1, Customs shall follow the procedures in accordance with applicable Customs Regulations on import and export articles clearance. Where the detention is revoked pursuant to Subparagraphs 1 to 4 of Paragraph 1, the applicant shall be liable for all relevant expenses incurred as a result of the delay of containers, warehousing, loading, and unloading of the detained articles. |
| Trademark Act Article 69Nov. 30, 2016 |
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Exclusion, prevention and damages of infringement; time limit to demand damages A proprietor of a registered trademark is entitled to demand a person who infringes or is likely to infringe the trademark right to stop or prevent such infringement. When making a demand pursuant to Paragraph 1, the proprietor is entitled to demand for destruction of infringing articles and the materials or implements used in infringing the trademark. However, the court may order other dispositions as it considers necessary after taking into account the need for proportionality between the seriousness of the infringement and the interests of third parties. The proprietor is entitled to demand the infringer who knowingly, or with reasonable grounds to know, infringed such trademark rights to pay the proprietor damages. The rights to demand referred to in the preceding paragraph shall become extinguished if not exercised within two years from the date on which the proprietor become aware of the damage and the person liable for damages. This right shall also become extinguished if it is not exercised within ten years from the time of infringement. Details > |
| Trademark Act Article 72Nov. 30, 2016 |
Application to Customs for detention A proprietor of a registered trademark may file an application to Customs for detention of articles that are suspected of infringing the rights in the trademark. Any application referred to in the preceding paragraph shall be filed in writing, accompanied by a statement of the facts of the infringement and a security in an amount equivalent to the duty-paid price of the imported articles or the F.O.B. price of the exported articles, assessed by Customs, or equivalent assurance. Customs shall immediately give a notice to the applicant once the application for detention is admitted; if suspected articles are detained because the application conforms to the preceding paragraph, Customs shall give a notice to the applicant and the owner of detained articles in writing. The owner of detained articles may request Customs to revoke the detention on provision of a security equivalent to two times the security referred to in the Paragraph 2 or equivalent assurance while following the procedures in accordance with applicable Customs Regulations on import and export articles clearance. Where the applicant is awarded a final judgment of the court stating that the detained articles have infringed trademark rights, the owner of detained articles shall be liable for all relevant expenses incurred as a result of the delay of containers, warehousing, loading, and unloading of the detained articles. Details > |
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