Trademark Act Article 96Nov. 30, 2016

Penalty for certification mark infringement

Any person who, in the course of trade and without the consent of the proprietor of a registered certification mark, uses a mark which is identical with or similar to the registered certification mark and used in relation to goods or services identical with or similar to those for which the registered certification mark is designated, and hence is likely to mislead relevant consumers shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000.

Penalties referred to in the preceding paragraph shall also apply to any person who sells or, due to an intent to sell, manufactures, possesses, displays labels, packaging, containers, or other articles to which a sign identical with or similar to another person’s registered certification mark is applied, knowing that such articles would likely infringe rights of such certification mark as prescribed in the preceding paragraph.

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