WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/TPKM/T/4 
27 August 2012 
 (12-4626) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, 
PENGHU, KINMEN AND MATSU 
  The present document reproduces the text
1 of the Trademark Act 2011, as notified by the 
Separate Customs Territory of Taiwan, Pengh u, Kinmen and Matsu on 30 July 2012 under 
Article 63.2 of the Agreement (see document IP/N/1/TPKM/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, 
PENGHU, KINMEN ET MATSU 
 
 Le présent document contient le texte1 de la Loi de 2011 sur les marques de fabrique et de 
commerce, notifié par le Territoire douanier di stinct de Taiwan, Penghu, Kinmen et Matsu le 
30 juillet 2012 au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/TPKM/3.). 
 
Consejo de los Aspectos de los Derechos 
de Propiedad Intelectual relacionados 
con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, 
PENGHU, KINMEN Y MATSU 
 
 En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de 
Comercio de 2011, notificada por el Territorio A duanero Distinto de Taiwán, Penghu, Kinmen y 
Matsu el 30 de julio de 2012 en virtud de lo dis puesto en el párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/TPKM/3).  
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
  PP 3-64 (pdf file attached) 1 
 Trademark Act 2011 
 
 Enacted and Promulgated on May 6, 1930 by the Government  
 Enforced on Jan. 1, 1931  
 Amended and Promulgated on Nov. 23, 1935 by the Government  
 Promulgated on Oct. 19, 1940 by the Government  
 Amended and Promulgated on Oct. 24, 1958 by the Presidential 
Order  
 Amended and Promulgated on July 4, 1972 by Presidential Order  
 Amended and Promulgated on Jan. 26, 1983 by Presidential Order  
 Amended and Promulgated on Nov. 29, 1985 by Presidential Order  
 Amended and Promulgated on May 26, 1989 by Presidential Order  
 Amended and Promulgated on Dec. 22, 1993 by Presidential Order  
 Article 4, 5, 23, 25, 34, 37, 61 and 79 Amended and Promulgated on 
May 7, 1997 by Presidential Order, and Enforced on Nov 1, 1998  
 Article 77-1 and 79 Amended and Promulgated on May 29, 2002 by 
Presidential Order  
 Amended and Promulgated on May 28, 2003 by Presidential Order, 
and Enforced on Nov 28, 2003 
 Article 4 and 94 Amended and Promulgated on August 25, 2010 by 
Presidential Order, and Enforced on September 12, 2010 
 Passed on May 31, 2011 by the Legislative Yuan, and Amended and 
Promulgated on June 29, 2011 by President Order, and Enforced on 
July 1, 2012 
 
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                  Page 32 
 TABLE OF CONTENTS 
 
Chapter I  General Provisions  
Article 1   Purpose of this Act 
Article 2   Registration for protection  
Article 3   Competent Authority and Registrar Office  
Article 4   Principle of reciprocity  
Article 5   Use of trademark  
Article 6   Appointment of trademark agent  
Article 7   Application for registration of jointly owned trademark  
Article 8   Inadmissibility of application; restoration to status quo 
ante  
Article 9   Date to be based on  
Article 10  Service by publication  
Article 11  Trademark Gazette 
Article 12  Trademark Register  
Article 13  E-filing  
Article 14  Assignment of examiner  
Article 15  Disposition in writing  
Article 16  Calculation of period  
Article 17  Provisions applied mutatis mutandis  
Chapter II  Trademark  
Section I  Application for Registration  
Article 18  Signs of which trademark may consist; distinctiveness  
Article 19  Application for trademark registration; date of filing  
Article 20  Right of priority; same treatment for certain categories 
of persons as for nationals of ROC  
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Page 43 
 Article 21  Right of exhibition priority  
Article 22  Filing on same date  
Article 23  Prohibition and exception of amendment to trademark 
reproduction and designated goods or services  
Article 24  Change to application  
Article 25  Correction of application  
Article 26  Division of application 
Article 27  Transfer of application  
Article 28 Limitation and exception of disposition of right derived 
from application for registration of jointly owned 
trademark  
Section II Examination and Acceptance  
Article 29  Grounds for refusal of registration: devoid of 
distinctiveness; disclaimer  
Article 30  Other grounds for refusal of registration  
Article 31  Disposition of refusal; time limit on request of 
restriction of goods or services, amendment to 
reproduction without substantial change, division and 
disclaimer  
Article 32  Disposition of acceptance; payment of registration fee; 
relief measure of failure to pay  
Section III Trademark Rights  
Article 33  Right conferred by registered trademark and duration of 
registration  
Article 34  Renewal of registration  
Article 35  Right in registered trademark  
Article 36  Limits on effect of registered trademark  
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                  Page 54 
 Article 37  Division of registration  
Article 38  Change and correction of registration; time limit on 
division and restriction  
Article 39  Entry of license in the Register  
Article 40  Entry of sub-license in the Register  
Article 41  Removal of license from the Register  
Article 42  Entry of transfer in the Register  
Article 43  Addition to appropriate and distinguishing indication  
Article 44  Entry of pledge in the Register  
Article 45  Abandonment of registration  
Article 46  Disposition of right of jointly owned trademark  
Article 47  Extinguishment of registration  
Section IV  Opposition  
Article 48  Grounds for opposition and time limit on filing  
Article 49  Opposition procedure  
Article 50  Provisions govern in opposition  
Article 51  Avoidance of examiner in opposition  
Article 52  Invariance of concerned party in opposition  
Article 53  Withdraw of opposition  
Article 54  Effect of sustained opposition  
Article 55  Cancellation of some goods or services 
Article 56  Ne bis in idem  
Section V  Invalidation 
Article 57  Grounds for invalidation; proof of use of earlier 
trademark  
Article 58  Time limit on filing invalidation and exception  
Article 59  Invalidation procedure  
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Page 65 
 Article 60  Effect of sustained invalidation  
Article 61  Ne bis in idem  
Article 62  Provisions applied mutatis mutandis  to invalidation  
Section VI  Revocation  
Article 63  Grounds for revocation; revocation of some goods or 
services  
Article 64  Identity of trademark  
Article 65  Revocation procedure  
Article 66  Provisions govern in invalidation  
Article 67  Provisions applied mutatis mutand is to revocation  
Section VII  Infringement Remedies  
Article 68  Infringement of registered trademark  
Article 69  Exclusion, prevention and damages of infringement; 
time limit to demand damages  
Article 70  Acts deemed infringement  
Article 71  Calculation of damages  
Article 72  Application to Customs for detention  
Article 73  Revocation of detention  
Article 74  Release of security  
Article 75  Suspension of release upon Customs’ own initiative  
Article 76  Provision of information of suspected articles upon 
request  
Article 77  Request to Customs on taking samples of suspected 
articles  
Article 78  Regulations prescribed by Customs 
Article 79  Formation of specialized tribunal  
Chapter III  Certification Mark, Collective Mark and Collective Trademark  
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                  Page 76 
 Article 80  Definitions of certification mark and geographical 
certification mark  
Article 81  Applicant of certification mark  
Article 82  Requirements of application for registration of 
certification mark  
Article 83  Use of certification mark  
Article 84  Special provisions for geographical certification mark  
Article 85  Definition of collective mark  
Article 86  Requirements of application for registration of collective 
mark  
Article 87  Use of collective mark  
Article 88  Definition of collective trademark and geographical 
collective trademark 
Article 89  Requirements of application for registration of collective 
trademark  
Article 90  Use of collective trademark  
Article 91  Provisions applied mutatis mutandis  to geographical 
collective trademark  
Article 92  Limitation of transfer, license and pledge  
Article 93  Special provisions for grounds for revocation  
Article 94  Provisions applied mutatis mutandis  to certification 
mark, collective mark and collective trademark  
Chapter IV   Penal Provisions  
Article 95  Penalty for trademark or collective trademark 
infringement 
Article 96  Penalty for certification mark infringement  
Article 97  Penalty for sale or intent of sale of infringing article  
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Page 87 
 Article 98  Independent confiscation  
Article 99  Right to sue of group other than juridical person  
Chapter V  Supplementary Provisions  
Article 100  Transitional provision for service mark  
Article 101  Transitional provision for abolishment of associated 
registration system  
Article 102  Transitional provision for abolishment of defensive 
registration system  
Article 103  Special provision for three-year period of non-use 
Article 104  Trademark fees  
Article 105  Transitional provision for abolishment of paying 
registration fees by two installments  
Article 106  Transitional provisions for opposition and invalidation  
Article 107  Transitional provisions for revocation  
Article 108  Special provision for date of filing  
Article 109  Special provisions for date of priority  
Article 110  Enforcement Rules  
Article 111  Date of enforcement  
 
 
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                  Page 98 
 Chapter I General Provisions 
 
Article 1  Purpose of this A ct 
This Act is enacted for protection of the rights of trademark, 
certification mark, collective membership mark, collective trademark and 
the interests of consumers, maintenance of fair competition, and 
promotion of development of the industry and commerce. 
 
Article 2  Registration for protection 
Any person who wishes to obtain the rights of trademark, 
certification mark, collective membership mark, or collective trademark 
shall apply for registration therefor in accordance with this Act. 
 
Article 3  Competent Authority and Registrar Office 
The Competent Authority of this Act is the Ministry of Economic 
Affairs (hereinafter as the MOEA). 
Trademark affairs shall be administ ered under a registrar office 
appointed by the MOEA. 
 
Article 4  Principle of reciprocity 
An application for trademark registration, filed by a national of a 
country other than the Republic of China (ROC), may be inadmissible if 
such country does not accede to any international treaty for protection 
of trademarks, to which the R OC accedes, or does not conclude with the 
ROC any  treaty or agreement for reciprocal protection of trademarks, or 
does not admit applications for trademark registration filed by nationals 
of the R OC. 
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Page 109 
  
Article 5  Use of trademark 
“Use of a trademark” means any of the following act , in the course 
of trade, where such trademark is capable of being recognized by 
relevant consumers as a trademark:  
(1) to apply a trademark to goods or packaging or containers 
thereof;  
(2) to possess, display, sell, export, or import the goods referred to 
in the preceding subparagraph;  
(3) to apply a trademark to articles relating to the provision of 
services; or  
(4) to apply a trademark to commerci al documents or 
advertisements relating to goods or services. 
The preceding paragraph shall also apply to acts performed by 
digital audio-visual means, through electronic media, on the Internet, or 
through other media. 
 
Article 6  Appointment of trademark agent 
An applicant, holder or other interested person may appoint a 
trademark agent to apply for trademark registration and related affairs. 
Those who have no domicile or business establishment in the territory of 
the R OC shall appoint a trademark agent to apply for trademark 
registration and related affairs.  
A trademark agent shall have a domicile in the ROC . 
 
Article 7  Application for registration of jointly owned trademark 
When there are two or more persons who wish to jointly own a 
IP/N/1/TPKM/T/4 
                  Page 1110 
 trademark, the application shall be filed in the names of all the joint 
applicants. The joint applicants may also elect one of them to represent 
all the joint applicants in the process of application for registration and 
related affairs, and receive relevant documents on their behalf. 
In the absence of electing a representative referred to in the 
preceding paragraph, the Registrar Office shall assign the first-listed joint 
applicant in the application as the person to be served upon and shall 
give the subsequent joint applicants a notice of such service matters. 
 
Article 8  Inadmissibility of application; restoration to status quo 
ante  
Unless otherwise prescribed in this Act, an application or other 
proceedings of trademark shall be inadmissible if an applicant, holder or 
other interested person thereof has failed to comply within the statutory 
period, to conform to legal formality that cannot be amended, or to 
conform to legal formality which is not amended within the period 
specified in a noti ce. However, if the failure to conform to legal formality 
which is not amended within the specified period has been amended 
before the disposition is rendered, such application or proceeding shall 
still be admissible. 
Where an applicant, holder or other interested person has failed to 
comply within the statutory period by reason of an act of God or any 
event not attributable to such applicant, holder or interested person, 
he/she may apply for restoration to the status quo ante , within thirty 
days from the day following the date on which the cause vanishes, by 
submitting a written statement to the Registrar Office clarifying the 
reason. No application for restoration to the status quo ante  may be 
IP/N/1/TPKM/T/4 
Page 1211 
 made upon the failure to comply within the statutory period for more 
than one year. 
When applying for restoration to the status quo ante , the omitted 
act that should have been done within the statutory period shall be 
completed together with the application for restoration.  
The preceding two paragraphs shall not apply to the failure to 
comply within the period prescribed in Paragraph 3 of Article 32. 
 
Article 9  Date to be based on 
The date of application and other proceedings of trademark shall be 
based on the date of receipt of the written documents or articles at the 
Registrar Office. The date of those via postal service shall be based on 
the postmarked date of the place of origin. 
Unless otherwise proved by the concerned party, the date of those 
whose postmarked date appears to be ambiguous will be based on the 
date of receipt at the Registrar Office. 
 
Article 10 Service by publication 
Where a disposition or any other document cannot be served, such 
disposition or document shall be published in the Trademark Gazette and 
shall be deemed having been duly served in thirty days from the day 
following the date of publication. 
 
Article 11 Trademark Gazette 
The Registrar Office shall publish and circulate the Trademark 
Gazette, in which registered trademarks and relevant particulars shall be 
entered. 
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                  Page 1312 
 The Trademark Gazette referred to in the preceding paragraph may 
be published and circulated by electronic means; the date of 
commencement thereof shall be prescribed by the Registrar Office. 
 
Article 12 Trademark Register 
The Registrar Office shall maintain the Trademark Register, in which 
the trademark registrations, changes to trademark rights and all other 
particulars prescribed by acts or regulations shall be entered and made 
available to the public. 
The Trademark Register referred to in the preceding paragraph may 
be produced by electronic means. 
 
Article 13 E-filing 
Application and other proceedings of trademark may be transmitted by 
electronic means; the implementing regulations thereof shall be 
prescribed by the Competent Authority. 
 
Article 14 Assignment of examiner 
The Registrar Office shall assign examiner(s) to conduct the 
examination of application s for trademark registration, opposition, 
invalidation, and revocation. 
The qualification of examiner referred to in the preceding paragraph 
shall be prescribed by law. 
 
Article 15 Disposition in writing 
The Registrar Office shall render a written disposition on 
examination of applications referred to in paragraph 1 of the preceding 
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Page 1413 
 article, in which the reason is stated, and serve the said disposition to 
the applicant. 
The disposition referred to in the preceding paragraph shall bear 
the name(s) of the examiner(s). 
 
Article 16 Calculation of period 
For the purpose of calculation of a period, except those referred to 
in Paragraph 1 of Article 33, Paragraph 4 of Article 75, and Article 103, 
the first day does not count. 
 
Article 17 Provisions applied mutatis mutandis  
The provisions of this Chapter with respect to trademarks shall 
apply mutatis mutandis  to certification marks, collective membership 
marks, and collective trademarks. 
 
Chapter II Trademark 
Section I Application for Registration 
 
Article 18 Signs of which trademark may consist ; distinctiveness 
A trademark shall refer to any sign with distinctiveness, which may , 
in particular, consist of words, devices, symbols, colors , 
three-dimensional shapes, motions, holograms, sounds, or any 
combination thereof. 
The term “distinctiveness” used in the preceding paragraph refers to 
the character of a sign capable of being recognized by relevant 
consumers as an indication of the source of goods or services and 
distinguishing goods or services of one undertaking from those of other 
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                  Page 1514 
 undertakings. 
 
Article 19 Application for trademark registration; date of filing 
An application for trademark registration shall be made to the 
Registrar Office by submitting an application containing (the name and 
address of) the applicant, a reproduction of the trademark, and the list of 
designated goods or services.  
The date of filing of an application for trademark registration is the 
date on which an application referred to in the preceding paragraph is 
furnished to the Registrar Office. 
A reproduction of the trademark shall be represented in a manner 
that is clear, precise, self-contained, objective, durable, easily accessible 
and intelligible. 
An application for trademark registration shall relate to a single 
trademark, and may designate goods or services classified in two or 
more classes. 
Classification of goods or services referred to in the preceding 
paragraph shall be prescribed by the Enforcement Rules of this Act.  
The classification of goods or services referred to in the preceding 
paragraph shall not constrain the determination of similarity of goods or 
services. 
 
Article 20 Right of priority; same treatment for certain categories of 
persons as for nationals of ROC 
An applicant who has duly filed an application for trademark 
registration in a country which has reciprocal recognition of priority 
rights with the ROC, or filed such application with a member of the 
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Page 1615 
 World Trade Organization (WTO), may claim a right of priority, for the 
purposes of registering the same trademark in the ROC for some or all 
the same goods or services, within six months from the day following the 
date of filing of the first such application. 
An applicant of a foreign country which is not a member of the WTO 
nor a country having reciprocal recognition of priority rights with the 
ROC, may claim a right of priority pursuant to the preceding paragraph if 
he/she is domiciled or has a business establishment in the territory of a 
country which has reciprocal recognition of priority rights with the ROC 
or in the territory of a member of the WTO. 
An applicant who claims priority pursuant to paragraph 1 shall 
submit a written statement to that effect simultaneously with the 
application which shall set forth the following: 
(1) the date of filing of the first application; 
(2) the country or the member of the WTO in which the first 
application was made; and 
(3) the application number of the first application. 
The applicant shall submit, within three months from the day 
following the date of filing of the application, a copy of the application 
certified as admitted by the country or the member of the WTO referred 
to in the preceding paragraph. 
If an application is not filed pursuant to Subparagraph 1 or 
Subparagraph 2 of Paragraph 3 or the preceding paragraph, the priority 
claim thereof shall be deemed not having been made. 
If an application is filed with a claim of priority, the date of priority 
shall count as the date of filing. 
If an application is filed with a claim of multiple priorities, the date 
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                  Page 1716 
 of each priority shall count as the date of filing of goods or services in 
respect of such priority. 
 
Article 21 Right of exhibition priority 
If an applicant for a trademark has displayed goods or services 
under the trademark applied for, at an international exhibition which 
was held or officially recognized by the Government of the ROC, and if 
such applicant files the application within a period of six months from 
the day following the date of the first display of such goods or services, 
the date of the first display shall count as the date of filing of the 
application. 
The preceding article shall apply mutatis mutandis  to applications 
filed with a claim of exhibition priority under the preceding paragraph. 
 
Article 22 Filing on same date 
If two or more applications for trademark registration relating to 
identical or similar trademarks which designate identical or similar goods 
or services are filed separately by different applicants on the same date 
of which time precedence cannot be determined, and hence there exists 
a likelihood of confusion on relevant consumers, all of such applicants 
shall reach an agreement on the precedence by consultations among the 
applicants. Where no agreement is reached in the consultations , the 
precedence shall be decided by a lottery. 
 
Article 23 Prohibition and exception of amendment to trademark 
reproduction and designated goods or services 
No amendments shall be made to the reproduction of a trademark 
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Page 1817 
 and the designated goods or services thereof after an application for 
trademark registration has been filed, unless such amendment is a 
restriction of designated goods or services or an amendment to the 
reproduction of a trademark which does not substantially change such 
trademark. 
 
Article 24 Change t o application 
Changes to the name or address of the applicant, the trademark 
agent, or any other particulars in an application for registration shall be 
made by submitting to the Registrar Office a request therefor. 
 
Article 25 Correction of application 
The following errors in the particulars of an application for 
registration of a trademark may be corrected upon request or ex officio : 
(1) errors in the name or address of the applicant; 
(2) errors of wording or of copying; or 
(3) any other obvious mistakes. 
The correction referred to in the preceding paragraph shall not 
affect the identity of the trademark or broaden the scope of the 
designated goods or services. 
 
Article 26 Division of application 
An applicant may request the Registrar Office to divide an 
application for registration into two or more applications by distributing 
the designated goods or services included in the original application 
among divisional applications which shall preserve the filing date of the 
original application . 
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Article 27 Transfer of application 
The rights derived from an application for trademark registration 
may be transferred to another person. 
 
Article 28 Limitation and exception of disposition of right derived 
from application for registration of jointly owned 
trademark 
Any transfer of the right derived from an application for registration 
of a jointly owned trademark or the share of a joint applicant in such 
trademark shall have the consent of all joint applicants, unless such right 
or share is transferred by succession , compulsory execution, a judgment 
of the court or operation of other law. 
Any abandonment of the right derived from an application for 
registration of a jointly owned trademark shall have the consent of all 
joint applicants, unless in the case that a joint applicant abandons 
his/her own share in such trademark. 
The share abandoned by a joint applicant referred to in the 
preceding paragraph shall be distributed among the remaining joint 
applicant s in proportion to each one’s share.  
The preceding paragraph shall apply mutatis mutandis  to cases 
where a joint applicant dies with no successor or ceases to exist with no 
assumer. 
Any restriction or division of the designated goods or services of an 
application for registration of a jointly owned trademark shall have the 
consent of all joint applicant s. 
 
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Page 2019 
 Section II Examination and Acceptance 
 
Article 29 Grounds for refusal of registration: devoid of 
distinctiveness; disclaimer 
A trademark shall not be registered if it is devoid of distinctiveness 
in any of the followin g: 
(1) consisting exclusively of a description of the quality, intended 
purpose, material, place of origin, or relevant characteristics of the 
designated goods or services;   
(2) consisting exclusively of the generic mark or term for the 
designated goods or services; or  
(3) consisting exclusively of other signs which are devoid of any 
distinctiveness.   
Subparagraph 1 or 3 of the preceding paragraph shall not apply if 
the trademark has been used by the applicant and has become, in trade, 
a sign capable of distinguishing the goods or services of the applicant.   
Where the reproduction of a trademark contains an element which 
is not distinctive, and where the inclusion of that element in the 
trademark could give rise to doubts as to the scope of the trademark 
rights, the applicant shall state that he/she disclaims any exclusive right 
to such element. Such trademark without disclaimer shall not be 
registered. 
 
Article 30 Other grounds for refusal of registration 
A trademark shall not be registered in any  of the following: 
(1) being exclusively necessary for the goods or services to be 
functional; 
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                  Page 2120 
 (2) being identical with or similar to the national flag, national 
emblem, national seal, military flags, military insignia, official seals, or 
medals of the R OC, or the state flags of foreign countries, or the armorial 
bearings, national seals or other state emblems of foreign countries 
communicated by any member of the WTO under Paragraph 3 of Article 
6ter of the Paris Convention; 
(3) being identical with the portrait or name of Dr. Sun Yat-Sen or of 
the head of the state; 
(4) being identical with or similar to the mark of a government 
agency of the R OC or an official exhibition held thereby, or the medal or 
certificate awarded thereby; 
(5) being identical with or similar to the armorial bearings, flags, 
other emblems, abbreviations, and names, of international 
intergovernmental organizations or well-known domestic or foreign 
institutions undertaking business es for public interests , and hence being 
likely to mislead the pub lic; 
(6) being identical with or similar to official signs and hallmarks 
indicating control and warranty adopted by the domestic or foreign 
countries, and being designated to the identical or similar goods or 
services; 
(7) being contrary to public policy or to accepted principles of 
morality; 
(8) being likely to mislead the public as to the nature, quality, or 
place of origin of the goods or services; 
(9) being identical with or similar to a geographical indication for 
wines or spirits in the ROC or a foreign country, and being designated to 
goods that are identical with or similar to wines or spirits, where that 
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Page 2221 
 foreign country concludes with the ROC an agreement , or accedes to an 
international treaty, to which the ROC also accedes, or has reciprocal 
recognition with the ROC of protection of geographical indications for 
wines or spirits; 
(10) being identical with or similar to another person’s registered 
trademark or earlier filed trademark and to be applied for goods or 
services identical with or similar to those for which the registered 
trademark is protected or the earlier filed trademark is designated, and 
hence there exists a likelihood of confusion on relevant consumers, 
unless the consent of the proprietor of the said registered trademark or 
earlier filed trademark to the application has been given and is not 
obviously improper; 
(11) being identical with or similar to another person’s  well-known 
trademark or mark, and hence there exists a likelihood of confusion on 
the relevant public or a likelihood of dilution of the distinctiveness or 
reputation of the said well-known trademark or mark, unless the 
proprietor of the said well-known trademark or mark consents to the 
application; 
(12) being identical with or similar to another person’s  earlier used 
trademark and to be applied for goods or services identical with or 
similar to those for which the earlier used trademark is applied, where 
the applicant with the intent to imitate the earlier used trademark, being 
aware of the existence of the earlier used trademark due to contractual, 
regional, or business connections, or any other relationship with the 
proprietor of the earlier used trademark, files the application for 
registration, unless the proprietor of the said earlier used trademark 
consents to the application; 
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                  Page 2322 
 (13) containing another person’ s portrait or well-known name, 
stage name, pseudonym, or alternative name, unless the said person 
consents to the application; 
(14) containing the name of a well-known juridical person, business 
or any group, and hence there exists a likelihood of confusion on the 
relevant public, unless the said juridical person, business or group 
consents to the application; or 
(15) being an infringement of another person’s copyright, patent 
right, or any other right, where a final judgment of the court has been 
rendered , unless the said person consents to the application. 
The determination of a geographical indication, well-known 
trademark/mark, and earlier used trademark as prescribed in 
Subparagraph 9 and Subparagraphs 11 to 14, respectively, of the 
preceding paragraph shall be based on the facts at the time of filing. 
Subparagraphs 4, 5 and 9 of Paragraph 1 of this Article shall not 
apply if the applicant is a government agency or related institution. 
Paragraph 3 of the preceding article shall apply mutatis mutandis  to 
the ground for refusal prescribed in Subparagraph 1 of Paragraph 1. 
 
Article 31 Disposition of refusal ; time limit on request of restriction 
of goods or services, amendment to reproduction without 
substantial change, division and disclaimer 
An application for trademark registration shall be refused if it is held, 
after examination, that under Paragraph 1 or 3 of Article 29, Paragraph 1 
or 4 of the preceding paragraph, or Paragraph 3 of Article 65, the 
trademark shall not be registered. 
Before rendering a disposition of refusal pursuant to the preceding 
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Page 2423 
 paragraph, a written notice stating grounds for refusal shall be given to 
the applicant, who may make observations on the intended refusal 
within the prescribed period. 
Any restriction of the designated goods or services, amendment to 
the reproduction of a trademark which does not substantially change 
such trademark, division of an application for registration, or disclaimer 
shall be requested before the disposition of refusal is rendered. 
 
Article 32 Disposition of acceptance; payment of registration fee; 
relief measure of failure to pay 
An application for trademark registration shall be accept ed if, after 
examination, none of the grounds for refusal prescribed in Paragraph 1 
of the preceding article is found to exist.  
A trademark been accept ed for registration shall be published for 
registration and a trademark certificate shall be issued, provided that the 
registration fee has been paid by the applicant within two month s from 
the day following the date of the service of the disposition. Where the 
said fee remains unpaid by the end of the prescribed period, a trademark 
shall not be published for registration. 
Where an applicant has unintentionally failed to pay the fee within 
the period prescribed in the preceding paragraph, the applicant may pay 
double within six months from the day following the date on which the 
prescribed period expires, in which case the Registrar Office will publish 
the registration. However, this shall not be applied if an application for 
trademark registration filed or rights of a trademark obtained by a third 
party during such period would be affect ed. 
 
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                  Page 2524 
 Section III Trademark Rights 
 
Article 33 Right conferred by registered trademark and duration of 
registration 
The proprietor of a registered trademark shall have the exclusive 
right of the trademark for a period of ten years from the date of 
publication for registration.  
The period of the trademark right may be renewed, and the 
duration of each renewal period shall be ten years. 
 
Article 34 Renewal of registration 
A request for renewal of the trademark right shall be made, and the 
renewal fee paid, within six months before the expiry of the period of 
the trademark right; failing this, the request may be made and the fee 
paid in double within such further period of six months from the day 
following the date of expiry of the period of the trademark right. 
Renewal referred to in the preceding paragraph shall take effect 
from the day following the date of expiry of the previous period of the 
trademark right. 
 
Article 35 Right in registered trademark 
The proprietor of a registered trademark has the exclusive right in 
the trademark in relation to the designated goods or services. 
Unless otherwise prescribed in Article 36 of this Act, consent of the 
proprietor of a registered trademark shall be required in any of the 
following:  
(1) using a trademark which is identical with the registered 
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Page 2625 
 trademark in relation to goods or services which are identical with thos e 
for which it is registered; 
(2) using a trademark which is identical with the registered 
trademark and used in relation to goods or services similar to those for 
which the registered one is designated, and hence there exists a 
likelihood of confusion on relevant consumers; or 
(3) using a trademark which is similar to the registered trademark 
and used in relation to goods or services identical with or similar to 
those for which the registered one is designated, and hence there exists 
a likelihood of confusion on relevant consumers. 
A trademark may, if registered, be display ed with the words 
“registered trademark ” or the internationally used symbol for 
registration (the letter R enclosed within a circle). 
 
Article 36 Limits on effect of registered trademark 
A registered trademark shall not entitle the proprietor to prohibit a 
third party from: 
(1) indicating his/her own name, or the term, shape, quality, nature, 
characteristic, intended purpose, place of origin, or any other description 
in relation to his/her own goods or services, in accordance with honest 
practices in industrial or commercial matters and not using it as a 
trademark;  
(2) using where it is necessary for the goods or services to be 
functional; or 
(3) using bona fide , prior to the filing date of the registered 
trademark, an identical or similar trademark on goods or services 
identical with or similar to those for which the registered trademark is 
IP/N/1/TPKM/T/4 
                  Page 2726 
 protected , provided that the use is only on the original goods or services; 
the proprietor of the registered trademark is entitled to request the 
party who use the trademark to a dd an appropriate and distinguishing 
indication. 
Where goods have been put on the domestic or foreign market 
under a registered trademark by the proprietor or with his consent, the 
proprietor is not entitled to claim trademark rights on such goods, unless 
such claim is to prevent the condition of the goods been changed or 
impaired after they have been put on the market or there exist other 
legitimate reasons. 
 
Article 37 Division of registration 
The proprietor of a registered trademark may request the Registrar 
Office to divide the registration into two or more registrations by 
distributing the designated goods or services included in the original 
registration among divisional registrations. 
 
Article 38 Change and correction of registration; time limit on 
division and restriction 
No amendments shall be made to the reproduction of a trademark 
and the designated goods or services thereof after the trademark has 
been register ed, unless such amendment is a restriction of designated 
goods or services. 
Articles 24 and 25 shall apply mutatis mutandis  to any change or 
correction of the particulars of a trademark registration. 
If an application for opposition, invalidation or revocation has been 
entered at the Registrar Office against a registered trademark, any 
IP/N/1/TPKM/T/4 
Page 2827 
 division of the registration or restriction of the designated goods or 
services shall be requested before the disposition of the application is 
rendered. 
 
Article 39 Entry of license in the Register 
A registered trademark may be licensed by the proprietor, 
exclusively or non-exclusively, for all or some of the designated goods or 
services for which it is registered and for a particular locality. 
A license referred to in the preceding paragraph shall have no locus 
standi  against any third party unless it is entered in the Register by the 
Registrar Office.  
If the trademark right have been transferred after the license is 
enter ed in the Register, the transferee is still bound by the licensing 
contract. 
If the entry of an exclusive license is requested by the proprietor of 
a registered trademark after a non-exclusive license is enter ed in the 
Register , such non-exclusive license shall not be affected. 
An exclusive licensee is entitled, within the scope of the license, to 
exclude the proprietor and any third party from using the registered 
trademark. 
Unless otherwise prescribed in a licensing contract, an exclusive 
licensee is entitled, within the scope of the license, to bring infringement 
proceedings in his/her own name. 
 
Article 40 Entry of sub-license in the Register 
Unless otherwise prescribed in a licensing contract, an exclusive 
licensee is entitled, within the scope of the license, to sub-license the 
IP/N/1/TPKM/T/4 
                  Page 2928 
 registered trademark to another pers on. 
A non-exclusive licensee shall not sub-license the registered 
trademark to another person, unless the proprietor or the exclusive 
licensee consents to the sub-license. 
A sub-license shall have no locus standi  against any third party 
unless it is entered in the Register by the Registrar Office. 
 
Article 41 Removal of license from the Register 
Before the expiry of the period of a license, a concerned or an 
interested party may, by submitting relevant evidence, request the 
Registrar Office to remove the license from the Register under any of the 
following: 
(1) both the proprietor of the registered trademark and the licensee 
agree to terminate the license; such request shall also apply to the 
sub-license; 
(2) where the licensing contract expressly prescribes that either the 
proprietor or the licensee may terminate the license at any time, the 
concerned party declar es the termination;  
(3) due to the licensee ’s breaching the licensing contract, the 
proprietor gives such licensee a notice of rescinding or terminating the 
licensing contract, and the licensee shows no objection thereto; or 
(4) there is other relevant evidence capable of establishing that the 
license no longer exists. 
 
Article 42 Entry of transfer in the Register 
A transfer of trademark right shall have no locus standi  against any 
third party unless it is  entered in the Register by the Registrar Office. 
IP/N/1/TPKM/T/4 
Page 3029 
  
Article 43 Addition to appropriate and distinguishing indication 
If, due to a transfer of trademark right, two or more proprietor s use 
an identical trademark on similar goods or services or similar trademarks 
on identical or similar goods or services , and hence there exists a 
likelihood of confusion on relevant consumers, each proprietor shall a dd 
an appropriate and distinguishing indication while using his/her own 
trademark. 
 
Article 44 Entry of pledge in the Register 
A creation, change, or extinguishment of a pledge made by the 
proprietor of a registered trademark shall have no locus standi  against 
any third party unless it is entered in the Register by the Registrar Office. 
Where a proprietor creates multiple pledges on his/her trademark 
right for the purpose of securing multiple creditors’ rights, the ranks of 
these pledges shall be decided by the order of the entry in the Register. 
A pledgee in respect of right in a registered trademark shall not use 
such trademark unless otherwise licensed by the proprietor thereof. 
 
Article 45 Abandonment of registration 
The proprietor of a registered trademark may abandon his/her 
trademark right. However, if a license or a pledge has entered in the 
Register , the proprietor shall get the consent of the licensee or pledgee. 
The abandonment referred to in the preceding paragraph shall be 
made in writing to the Registrar Office. 
 
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                  Page 3130 
 Article 46 Disposition of right of jointly owned trademark 
Any license, sub-license, transfer, abandonment of, or creation of 
pledge on the right in a jointly owned trademark or any transfer of or 
creation of pledge on the share in a jointly owned trademark shall have 
the consent of all joint proprietors, unless such right or share is 
transferred by succession, compulsory execution, a judgment of the 
court or operation of other law. 
The proviso  to Paragraph 2 of Article 28 and Paragraph 3 of same 
Article shall apply mutatis mutandis  to a joint proprietor’s abandonment 
of his/her share. 
Where a joint proprietor dies with no successor or ceases to exist 
with no assumer, Paragraph 4 of Article 28 shall apply mutatis mutandis  
to the distribution of such joint proprietor’s share.  
Paragraph 5 of Article 28 shall apply mutatis mutandis  to a 
restriction or division of the designated goods or services of a jointly 
owned registered trademark. 
 
Article 47 Extinguishment of registration 
Right of a registered trademark shall become extinguished under 
any of the following:  
(1) where the right is not renewed pursuant to Article 34, such right 
shall become extinguished from the day following the date of expiry of 
the period of such right. 
(2) where the proprietor of such trademark dies with no successor , 
such right shall become extinguished from the day following the date of 
death of such proprietor; or 
(3) where the right is abandoned pursuant to Article 45, such right 
IP/N/1/TPKM/T/4 
Page 3231 
 shall become extinguished from the date of receipt of a written 
statement on the abandonment at the Registrar Office. 
 
Section IV Opposition 
 
Article 48 Grounds for opposition and time limit on filing 
Any person may file an opposition to registration of a trademark 
with the Registrar Office within three months from the day following the 
date of publication of registration on the grounds that such registration 
falls under Paragraph 1 of Article 29, Paragraph 1 of Article 30, or 
Paragraph 3 of Article 65. 
The opposition referred to in the preceding paragraph may be filed 
for some of the designated goods or services of the registered 
trademark. 
An application for opposition shall be filed against a single 
registered trademark. 
 
Article 49 Opposition procedure 
Any person who opposes a registered trademark shall file an 
application stating the facts and grounds along with a copy thereof. Any 
attachments to the application shall also be enclosed with the copy. 
The Registrar Office shall serve the copy on the proprietor of 
opposed trademark, who may make observations to the opposition 
within the prescribed period; where the proprietor files the observations, 
the Registrar Office shall serve a copy of the observations on the 
opponent, who may comment on the observations of the proprietor 
within the prescribed period. 
IP/N/1/TPKM/T/4 
                  Page 3332 
 Where the observations filed pursuant to the preceding paragraph 
is likely to delay the proceedings, or where the facts and evidence are 
sufficiently clear, the Registrar Office may conduct opposition 
proceedings directly without giving the opposite party a notice to make 
observations. 
 
Article 50 Provisions govern in opposition 
With respect to the grounds f or an opposition to a registered 
trademark, the provisions in effect at the time of the said trademark 
publication of registration shall govern, unless otherwise prescribed in 
Paragraph 1 and Paragraph 3 of Article 106. 
 
Article 51 Avoidance of examiner in opposition 
An application for opposition to a trademark shall be examined by 
an examiner, who did not participate in the examination of the 
application for registration of the opposed trademark. 
 
Article 52 Invariance of concerned party in opposition 
A transfer of the right of a trademark of which the opposition 
proceedings is underway shall have no effect on the said opposition 
proceedings. 
A transferee of trademark right referred to in the preceding 
paragraph may declare to assume the position of the opposed party in 
the opposition proceedings. 
 
Article 53 Withdraw of opposition 
An opponent may withdraw his/her opposition to a registered 
IP/N/1/TPKM/T/4 
Page 3433 
 trademark before the disposition of such opposition is rendered.  
An opponent who withdrew his/her opposition to a registered 
trademark shall not file an opposition once more or invalidation against 
such opposed trademark based on the same facts , evidence and grounds 
as those in the withdrawn opposition. 
 
Article 54 Effect of sustained opposition 
Where an opposition to a registered trademark is sustained, the 
registration of the opposed trademark shall be cancelled. 
 
Article 55 Cancellation of some goods or services 
Where grounds for cancellation referred to in the preceding article 
exist in respect of some of the designated goods or services of the 
registered trademark, the registration may only be cancelled in respect 
of those goods or services. 
 
Article 56 Ne bis in idem  
Where a disposition of the opposition to a registered trademark 
became final, no one shall file any invalidation against such opposed 
trademark based on the same facts, evidence and grounds as those in 
the opposition. 
 
Section V Invalidation 
 
Article 57 Grounds for invalidation; proof of use of earlier trademark 
An interested party may file an invalidation with the Registrar Office, 
or a trademark examiner may submit a proposal to the Registrar Office 
IP/N/1/TPKM/T/4 
                  Page 3534 
 for an invalidation, against a trademark registration on the grounds that 
such registration falls under Paragraph 1 of Article 29, Paragraph 1 of 
Article 30, or Paragraph 3 of Article 65. 
An applicant who file an invalidation with the Registrar Office 
against a trademark registration on the grounds that such registration 
falls under Subparagraph 10 of Paragraph 1 of Article 30 shall furnish 
proof that, during the period of three years preceding the date of the 
application for invalidation, the earlier trademark has been used in 
connection with the goods or services in respect of which it is registered 
and which he/she cites as justification for his/her application, or that 
there are proper reasons for non-use, provided the earlier trademark has 
at that date been registered for not less than three years. 
The proof of use furnished pursuant to the preceding paragraph 
shall be capable of establishing the genuine use of the trademark in 
accordance with general commercial practices. 
 
Article 58 Time limit on filing invalidation and exception 
No invalidation shall be filed, or no proposal for an invalidation shall 
be submitted, against a trademark registration on the grounds that such 
registration falls under Subparagraph 1 or 3 of Paragraph 1 of Article 29, 
any of Subparagraphs 9 through 15 of Paragraph 1 of Article 30, or 
Paragraph 3 of Article 65 if the registration has at that date been 
published for not less than five years. 
The period referred to in the preceding paragraph shall not apply to 
the invalidation against a trademark registration on the grounds that 
such registration falls under Subparagraph 9 or 11 of Paragraph 1 of 
Article 30 if the registration was applied for in bad faith. 
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Page 3635 
  
Article 59 Invalidation procedure 
An examination on an application for invalidation shall be 
conducted by an invalidation panel consisting of three or more 
examiners assigned by the head of the Registrar Office. 
 
Article 60 Effect of sustained invalidation 
Where an invalidation against a registered trademark is sustained, 
such registration shall be cancelled. However, if the circumstance on 
which the trademark is not registrable no longer exists, a disposition to 
overrule such invalidation may be rendered upon considering the need 
for proportionality between the interests of the public and the interests 
of the concerned parties. 
 
Article 61 Ne bis in idem 
Where a disposition of an invalidation against a registered 
trademark was rendered, no one shall file another invalidation against 
such trademark based on the same facts, evidence and grounds as those 
in the earlier invalidation. 
 
Article 62 Provisions applied mutatis mutan dis to invalidation 
Paragraphs 2 and 3 of Article 48, Articles 49 through 53, and Article 
55 shall apply mutatis mutandis  to an invalidation of a registered 
trademark. 
 
Section VI Revocation 
 
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                  Page 3736 
 Article 63 Grounds for revocation; revocation of some goods or 
services 
The Registrar Office shall, ex officio  or upon an application, revoke 
the registration of a trademark if such trademark is in any of the 
following: 
(1) where the trademark is altered by the proprietor in different 
forms in which it was registered or supplemented with additional notes 
whereby the trademark is identical with or similar to another person’s 
registered trademark in relation to goods or services which are identical 
with or similar to those for which another person’s registered trademark 
is designated, and hence there exists a likelihood of confusion on 
relevant consumers; 
(2) where the trademark has not yet been put to use or such use 
has been suspended for a continuous period of not less than three years 
without proper reasons for non-use, unless the trademark has been put 
to use by a licensee; 
(3) where no appropriate and distinguishing indication is added 
pursuant to Article 43, unless the indication has been added and hence 
there does not exist any likelihood of confusion before the disposition of 
revocation rendered by the Registrar Office; 
(4) where the trademark has become the generic mark or term, or 
common shape for the designated goods or services; or 
(5) where, in consequence of the actual use  of the trademark , such 
trademark is likely to mislead the public as to the nature, quality, or place 
of origin of the goods or services. 
The revocation shall also apply in the case where the proprietor of 
the registered trademark who, knowingly or with reasonable grounds to 
IP/N/1/TPKM/T/4 
Page 3837 
 know, shows no objection to the conduct as prescribed in Subparagraph 
1 of preceding paragraph by a licensee. 
The trademark registration shall not be revoked on the ground 
prescribed in Subparagraph 2 of Paragraph 1 if such use as in referred to 
in that subparagraph is commenced or resumed before the application 
for revocation is filed, unless any such commencement or resumption of 
use within the period of three months before the filing of the application 
is because the proprietor became aware that the application might be 
filed. 
Where grounds for revocation exist in respect of some of the 
designated goods or services of the registered trademark, the 
registration may be revoked in respect of those goods or services. 
 
Article 64 Identity of trademark 
Actual use of a registered trademark by the proprietor in a form 
differing in elements which do not affect the identity of the trademark 
according to general concepts in the society shall constitute use of the 
registered trademark. 
 
Article 65 Revocation procedure 
The Registrar Office shall serve a copy of an application for 
revocation on the proprietor of a registered trademark, who may make 
observations to the revocation within the prescribed period; where the 
proprietor files the observations, the Registrar Office shall serve a copy 
of the observations on the applicant, who may comment on the 
observations of the proprietor within the prescribed period. A n 
application for revocation may be dismissed directly if the application is 
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                  Page 3938 
 devoid of any concrete facts and evidence or based on obviously 
groundless claims. 
Where a copy of an application for revocation against a registered 
trademark on the ground prescribed in Subparagraph 2 of Paragraph 1 of 
Article 63 has been served on the proprietor of such trademark, such 
proprietor shall furnish proof of his/her use. Such registration may be 
revoked directly if the proprietor fails to make observations within the 
prescribed period. 
Where the trademark registration was revoked on the ground 
prescribed in Subparagraph 1 of Paragraph 1 of Article 63, a trademark 
which is identical with or similar to the revoked trademark in relation to 
goods or services which are identical with or similar to those for which 
the revoked trademark is designated shall not be applied for registration 
by the former proprietor of the revoked trademark or transferred or 
licensed to such former proprietor within three years from the day 
following the date of revocation; the aforementioned shall also apply to 
the circumstance that the trademark right has been abandoned before 
the disposition of revocation rendered by the Registrar Office. 
 
Article 66 Provisions govern in invalidation 
With respect to the grounds for a revocation against a registered 
trademark, the provisions in effect at the time of the application for 
revocation filed shall govern. 
 
Article 67 Provisions applied mutatis mutandis  to revocation 
Paragraphs 2 and 3 of Articles 48, Paragraphs 1 and 3 of Article 49, 
Article 52 and Article 53 shall apply mutatis mutandis  to the examination 
IP/N/1/TPKM/T/4 
Page 4039 
 of revocation. 
Paragraphs 2 and 3 of Article 57 shall apply mutatis mutandis  to an 
application for revocation on the ground prescribed in Subparagraph 1 of 
Paragraph 1 of Article 63. 
Paragraph 3 of Article 57 shall apply mutatis mutandis  to the 
circumstance that a proprietor of a revoked trademark furnishes proof of 
use pursuant to Paragraph 2 of Article 65. 
 
Section VII Infringement Remedies 
 
Article 68 Infringement of registered trademark 
Any of the following act, in the course of trade and without consent 
of the proprietor of a registered trademark, constitutes infringement of 
the right of such trademark: 
(1) using a trademark which is identical with the registered 
trademark in relation to goods or services which are identical with those 
for which it is registered; 
(2) using a trademark which is identical with the registered 
trademark and used in relation to goods or services similar to those for 
which the registered one is designated, and hence there exists a 
likelihood of confusion on relevant consumers; or 
(3) using a trademark which is similar to the registered trademark 
and used in relation to goods or services identical with or similar to 
those for which the registered one is designated, and hence there exists 
a likelihood of confusion on relevant consumers. 
 
Article 69 Exclusion, prevention and damages of infringement; time 
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                  Page 4140 
 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. 
 
Article 70 Acts deemed infringement 
Any of the following acts, without consent of the proprietor of a 
registered trademark, shall be deemed infringement of the right of such 
trademark: 
(1) knowingly using a trademark which is identical with or similar to 
another person ’s well-known registered trademark, and hence there 
exists a likelihood of dilution of the distinctiveness or reputation of the 
said well-known trademark; 
IP/N/1/TPKM/T/4 
Page 4241 
 (2) knowingly using words contained in another person ’s 
well-known registered trademark as the name of a company, business, 
group or domain or any other name that identifies a business entity, and 
hence there exists a likelihood of confusion on relevant consumers or a 
likelihood of dilution of the distinctiveness or reputation of the said 
well-known trademark; or 
(3) manufacturing, possessing, displaying, selling, exporting or 
importing labels, tags, packaging or containers that have not been 
applied in relation to goods or services, or articles that have not been 
applied in relation to services, knowing that such articles would likely 
infringe trademark rights as prescribed in Article 68. 
 
Article 71 Calculation of damages 
Damage s demanded by the proprietor of a registered trademark 
may be calculated according to any of the following: 
(1) the method provided in Article 216 of the Civil Code; the 
proprietor is entitled to demand damages based on the amount of the 
balance derived by subtracting the profit earned through using the 
trademark after infringement from the profit normally expected through 
using the same trademark, if no method of proof can be furnished to 
prove the damage suffered; 
(2) the profit earned by the infringer as a result of trademark 
infringement; if no proof on costs or necessary expenses can be 
furnished by the infringer, the total amount of income from selling the 
infringing goods shall be presumed to be the amount of profit;  
(3) the amount not more than 1,500 times of the unit retail price of 
the infringing goods; if over 1,500 pieces of infringing goods were found, 
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                  Page 4342 
 the amount of damages shall be a lump sum of the market value of the 
infringing goods; or 
(4) the equivalent amount of royalty that may be collected from 
using the trademark under licensing. 
A court may, at its discretion, reduce the amount of damages 
referred to in the preceding paragraph if such amount is apparently 
unequ al. 
 
Article 72 Application to Customs for detenti on 
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. 
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Page 4443 
 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, an d 
unloading of the detained article s. 
 
Article 73 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; 
(2) a final ruling of the court which dismisses the litigation initiated 
by the applicant claiming that the detained articles are infringing article; 
(3) a final judgment of the court which ho lds that the detained 
articles do not infringe trademark rights; 
(4) the applicant requests for revocation of the detention; or 
(5) the circumstance in accordance with Paragraph 4 of the 
preceding article. 
The period as prescribed in Subparagraph 1 of the preceding 
paragraph may be extended by another twelve days by Customs in 
appropriate cases. 
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 
IP/N/1/TPKM/T/4 
                  Page 4544 
 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 article s. 
 
Article 74 Release of security 
If a final judgment of the court holds that the detained articles do 
not infringe trademark rights, the applicant shall compensate the owner 
of detained article s for injury caused to them through wrongful 
detention of articles or provision of a security as prescribed in Paragraph 
4 of Article 72. 
The applicant shall enjoy the same right as a pledgee in relation to 
the security as prescribed in Paragraph 4 of Article 72. The owner of 
detained articles shall enjoy the same right as a pledgee in relation to the 
security as prescribed in Paragraph 2 of Article 72. However, all relevant 
expenses incurred as a result of the delay of containers, warehousing, 
loading, and unloading of the detained articles as prescribed in 
Paragraph 4 of the preceding article and Paragraph 5 of Article 72 shall 
be paid prior to compensate the applicant or the owner of detained 
articles for injury. 
Customs shall release the security as prescribed in Paragraph 2 of 
Article 72 upon request by the applicant in any of the following: 
(1) where the security is no longer required as the applicant has 
either obtained a final judgment in his/her favor or reached a settlement 
with the owner of detained article s; 
(2) where the applicant proves that the owner of detained article s 
has been notified but failed to exercise his/her rights within twenty days 
or more after the detention is revoked on the grounds prescribed in 
IP/N/1/TPKM/T/4 
Page 4645 
 Subparagraphs 1 through 4 of Paragraph 1 of the preceding article and 
hence there is injury caused to them through wrongful detention, or 
after such owner obtained a final judgment in his/her favor; or 
(3) where the owner of detained articles agrees to release the 
security. 
Customs shall release the security as prescribed in Paragraph 4 of 
Article 72 upon request by the owner of detained articles in any of the 
following: 
(1) where the security is no longer required as either after the 
detention is revoked on the grounds prescribed in Subparagraphs 1 
through 4 of Paragraph 1 of the preceding article or such owner has 
reached a settlement with the applicant; 
(2) where such owner proves that the applicant has been notified 
but failed to exercise his/her rights within twenty days or more after the 
applicant has obtained a final judgment in his/her favor; or 
(3) where the applicant agrees to release the security. 
 
Article 75 Suspension of release upon Customs’  own initiative 
Where Customs acts upon its own initiative and finds that imported 
or exported articles in respect of which it has acquired prima facie 
evidence that a trademark right is likely to be infringed , Customs shall 
give a notice to the proprietor of the trademark and the 
importer/exporter. 
In giving the notice referred to in the preceding paragraph, Customs 
shall specify a period for the proprietor of the trademark to come to the 
customs to identify the infringement and furnish proof of infringement, 
and Customs shall also specify a period for the importer/exporter to 
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                  Page 4746 
 furnish proof of non-infringement. However, the period may be extended 
once only at the request of the proprietor of the trademark or the 
importer/exporter to Customs in writing, stating legitimate reasons for 
failure to furnish proof. 
If proof of infringement has been furnished by the proprietor of the 
trademark and proof of non-infringement has not been furnished by the 
importer/exporter pursuant to the preceding paragraph, Customs may 
suspend the release of such article s. 
If proof of infringement has been furnished by the proprietor of the 
trademark and proof of non-infringement has been furnished by the 
importer/exporter pursuant to Paragraph 2, Customs shall give a notice 
to the proprietor that he/she may, within three working days after the 
notice is given, file an application for detention pursuant to Paragraph 1 
of Article 72. 
If the proprietor did not file within the period prescribed in the 
preceding paragraph an application for detention pursuant to Paragraph 
1 of Article 72, Customs may release the articles after retaining a 
representative sample. 
 
Article 76 Provision of information of suspected articles upon request 
Without prejudice to the protection of confidential information of 
detained articles, Customs may allow the inspection of detained article s 
upon request by the applicant or the owner of detained articles referred 
to in Article 72 or the proprietor of the trademark or importer/exporter 
referred to in the preceding article. 
After Customs detained suspected articles pursuant to Paragraph 3 
of Article 72 or suspe nded the release of such articles pursuant to 
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 Paragraph 3 of the preceding article, Customs shall inform the proprietor 
of the trademark, at his/her request , of the names and addresses of the 
import/exporter, the consignor/consignee, and the quantity of the 
suspected article s. 
Proprietors of trademarks are permitted to use the data obtained 
on the basis of preceding paragraph solely for the purpose of 
investigating and bringing legal actions concerning alleged infringements 
of their trademark rights without disclosing such data to any  third party. 
 
Article 77 Request to Customs on taking samples of suspected articles 
When identifying the infringement pursuant to Paragraph 2 of 
Article 75, the proprietor of the trademark may request Customs to take 
samples of suspected article s and hand them over or send them to such 
proprietor for identification by providing a security in an amount 
equivalent to 120 percent of the duty-paid price of the imported article s 
and relevant duties and taxes or the F.O.B. price of the exported article s 
and relevant duties and taxes, assessed by Customs, provided that it is 
necessary to take samples for identification, as well as such proprietor 
has undertaken in writing not to infringe the legitimate interests of the 
importer/exporter and not to use the samples for unjustifiable purposes. 
The amount of the security referred to in the preceding paragraph 
shall not be less than NT$3,000. 
If such proprietor does not return the requested samples within the 
period for furnishing proof of infringement prescribed in Paragraph 2 of 
Article 75, or if the samples returned are not the same as the original 
ones or are defective, Customs shall hold the security to compensate the 
importer/exporter for injury caused to them. 
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 The importer/exporter of samples of articles shall enjoy the same 
right as a pledgee in relation to the security held as prescribed in 
preceding paragraph. 
 
Article 78 Regulations prescribed by Customs 
The regulations governing the application for detention, revocation 
of a detention, payment, provision and release procedures for a security 
or assurance, required documents and other matters to be followed as 
prescribed in Articles 72 to 74 shall be prescribed by the Competent 
Authority coordinating with the Ministry of Finance. 
The regulations governing the procedures, the required documents, 
and other related matters as to Customs ’ implementing measures for 
protecting rights of trademarks , the proprietor’s request for inspection of 
detained articles, for related data of the infringing articles and for 
samples of suspected articles as prescribed in Articles 75 to 77 shall be 
prescribed by the Ministry of Finance. 
 
Article 79 Formation of specialized tribunal 
A court may form specialized tribunal(s) or assign specific staff 
members to take charge of trademark litigation cases. 
 
Chapter III Certification Mark, Collective Mark and Collective 
Trademark 
 
Article 80 Definitions of certification mark and geographical 
certification mark 
A certification mark is a sign that serves to certify a particular 
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Page 5049 
 quality, accuracy, material, mode of manufacture, place of origin or other 
matters of another person’s goods or services by the pro prietor of the 
certification mark and distinguish the goods or services from those that 
are not certified. 
Where the certification mark referred to in the preceding paragraph 
serves to certify a place of origin, the goods or services from that 
geographical region shall have a given quality, reputation or other 
characteristic. An applicant may file an application for registration of a 
sign which contains such geographical name or is capable of indicating 
such geographical region as a geographical certification mark. 
The Competent Authority shall coordinate with the central 
government authorities in charge of end enterprises in order to provide 
guidance and grants to industries that are in difficulties, industries that 
are on the verge of being in difficulties and traditional industries, to help 
them raise their productivity and the quality of their products; and to 
help them establish industry-specific certification marks to certify their 
products as made in Taiwan. 
The regulations governing the identification, provision of guidance, 
objects and standards and duration of provision of grants, and other 
matters to be followed shall be prescribed by the Competent Authority in 
consultation with each central government authority in charge of end 
enterprises. If necessary, fees charged in connection with the 
certification mark may be waived. 
 
Article 81 Applicant of certification mark 
Only a juridical person, a group or a government agency which is 
competent to certify another person’s goods or services shall be eligi ble 
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 to be an applicant of an application for registration of a certification 
mark. 
An applicant referred to in the preceding paragraph who carries on 
a business of goods or services of the kind certified shall not file an 
application for registration of a certification mark. 
 
Article 82 Requirements of application for registration of certification 
mark 
An applicant of an application for registration of a certification mark 
shall file documents of proof of its competence to certify another 
person’s goods or services, regulations governing the use of the 
certification mark, and a declaration that it does not carry on a business 
involving manufacture and marketing of goods or provision of services of 
the kind certified. 
If there is any doubt about the representativeness of the applicant 
of an application for registration of a geographical certification mark, the 
Registrar Office may consult and seek advice from the central 
government authorities in charge of business related to such goods or 
services. 
A foreign juridical person, group or government agency, who files an 
appl ication for registration of a geographical certification mark, shall file 
documents of proof of such geographical certification mark being 
protected in the name and country of origin of such applicant. 
The regulations governing the use of the certification mark referred 
to in Paragraph 1 shall specify the following: 
(1) the characteristics to be certified by the certification mark; 
(2) the conditions on the use of the certification mark; 
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 (3) the methods of managing and supervising the use of the 
certification mark; and 
(4) the procedures for applying to use the certification mark and 
resolving disputes thereof. 
The Registrar Office shall publish the registration of the certification 
mark along with regulations governing the use of such mark; any 
amendment of such regulations after registration is not effective unless 
the amended regulations are accepted and published by the Registrar 
Office. 
 
Article 83 Use of certification mark 
“Use of a certification mark”  means the use of such mark by any 
person who is allowed by the proprietor of such mark in accordance with 
the conditions prescribed in the regulations governing the use of such 
mark. 
 
Article 84 Special provisions for geographical certification mark 
Subparagraph 1 of Paragraph 1 and Paragraph 3 of Article 29 shall 
not apply to the geographical name in a geographical certification mark. 
A registered geographical certification mark shall not entitle the 
proprietor to prohibit a third party from indicating place of origin in 
relation to his/her own goods or services, in accordance with honest 
practices in industrial or commercial matters. 
 
Article 85 Definition of collective mark 
A collective mark is a sign that serves to identify the membership of 
members in an association, society or any other group which is a juridical 
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                  Page 5352 
 person and distinguish such members from those who are not members. 
 
Article 86 Requirements of application for registration of collective 
mark 
An application for registration of a collective mark shall be made to 
the Registrar Office by submitting an application containing relevant 
matters and filing the regulations governing the use of the collective 
mark. 
The regulations governing the use of the collective mark referred to 
in Paragraph 1 shall specify the following: 
(1) the qualifications of the members, 
(2) the conditions on the use of the collective mark; 
(3) the methods of managing and supervising the use of the 
collective mark; and 
(4) the provisions against any violation of the regulations. 
 
Article 87 Use of collective mark 
“Use of a collective mark ” means the use of such mark by any 
member to identify his/her membership in a group in accordance with 
the conditions prescribed in the regulations governing the use of such 
mark. 
 
Article 88 Definition of collective trademark and geographical 
collective trademark 
A collective trademark is a sign that serves to indicate goods or 
services of a member in an association, society or any other group which 
is a juridical person and distinguish goods or services of such member 
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 from those of others who are not members. 
Where the collective trademark referred to in the preceding 
paragraph serves to indicate a specific place of origin of goods or services 
of a member , such goods or services from that geographical region shall 
have a given quality, reputation or other characteristic. An applicant may 
file an application for registration of a sign which contains such 
geographical name or is capable of indicating such geographical region as 
a geographical collective trademark. 
 
Article 89 Requirements of application for registration of collective 
trademark 
An application for registration of a collective trademark shall be 
made to the Registrar Office by submitting an application designating 
goods or services and filing the regulations governing the use of the 
collective trademark. 
The regulations governing the use of the collective trademark 
referred to in Paragraph 1 shall specify the following: 
(1) the qualifications of the members, 
(2) the conditions on the use of the collective trademark; 
(3) the methods of managing and supervising the use of the 
collective trademark; and 
(4) the provisions against any violation of the regulations. 
In addition to the matters which shall be specified referred to in the 
preceding paragraph, the regulations governing the use of the 
geographical collective trademark shall also specify that any person from 
the corresponding geographical region whose goods or services and 
qualifications comply with the conditions contained in such regulations 
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 may be allowed to become a member of the group by the proprietor of 
the geographical collective trademark. 
The Registrar Office shall publish the registration of the collective 
trademark along with regulations governing the use of such mark; any 
amendment of such regulations after registration is not effective unless 
the amended regulations are accepted and published by the Registrar 
Office. 
 
Article 90 Use of collective trademark 
“Use of a collective trademark ” means the use of such mark by the 
group or any of its members in accordance with the conditions 
prescribed in the regulations governing the use of such mark. 
 
Article 91 Provisions applied mutatis mutandis  to geographical 
collective trademark 
Paragraph 2 and Paragraph 3 of Article 82 and Article 84 shall apply 
mutatis mutandis  to geographical collective trademarks. 
 
Article 92 Limitation of transfer, license and pledge 
The right of a certification mark, collective mark or collective 
trademark shall not be transferr ed, licensed, or be the subject of a 
pledge, unless such transfer or license is unlikely to damage the interests 
of consumers or contravene fair competition and has been accepted by 
the Registrar Office. 
 
Article 93 Special provisions for grounds for revocation 
The Registrar Office may, upon an application by any person or ex 
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Page 5655 
 officio , revoke the registration of a certification mark, collective mark or 
collective trademark if:  
(1) the certification mark is used by the proprietor of such mark as a 
trademark; 
(2) the proprietor of the certification mark carries on a business of 
goods or services of the kind certified; 
(3) the proprietor of the certification mark is no longer competent 
to certify another person ’s goods or services to which the registration 
certification mark is designated; 
(4) the proprietor of the certification mark discriminate s against 
those who apply for certification; 
(5) the proprietor of such trademark or mark transfers, licens es, or 
creat es a pledge which falls under the preceding article; 
(6) the proprietor of such trademark or mark does not manage or 
supervise the use pursuant to the regulations governing the use; or 
(7) the proprietor of such trademark or mark uses such trademark 
or mark improperly that is likely to cause damage to others or the public. 
The revocation shall also apply in the case where the proprietor of 
the registered certification mark, collective mark or collective trademark 
who, knowingly or with reasonable grounds to know, shows no objection 
to the conduct as prescribed in the preceding paragraph by a licensee. 
 
Article 94 Provisions applied mutatis mutandis  to certification mark, 
collective mark and collective trademark 
Unless otherwise prescribed in this Chapter, the provisions of this 
Act in relation to a trademark shall apply mutatis mutandis  to a 
certification mark, collective mark or collective trademark. 
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Chapter IV  Penal Provisions 
 
Article 95 Penalty for trademark or collective trademark infringement 
Any person who commits any of the following acts, in the course of 
trade and without the consent of the proprietor of a registered 
trademark or collective trademark, shall be liable to imprisonment for a 
period not exceeding three years and/or a fine not exceeding 
NT$200,000: 
(1) using a trademark which is identical with the registered 
trademark or collective trademark in relation to goods or services which 
are identical with those for which it is registered; 
(2) using a trademark which is identical with the registered 
trademark or collective trademark and used in relation to goods or 
services similar to those for which the registered trademark or collective 
trademark is designated, and hence there exists a likelihood of confusion 
on relevant consumers; or 
(3) using a trademark which is similar to the registered trademark or 
collective trademark and used in relation to goods or services identical 
with or similar to those for which the registered trademark or collective 
trademark is designated, and hence there exists a likelihood of confusion 
on relevant consumers. 
 
Article 96 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 
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Page 5857 
 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. 
 
Article 97 Penalty for sale or intent of sale of infringing article 
Any person who knowingly sells or, due to an intent to sell, 
possesses, displays, exports, or imports another person ’s goods referred 
to in the preceding two articles shall be liable to imprisonment for a 
period not exceeding one years and/or a fine not exceeding NT$5 0,000 ; 
same penalties shall also apply to acts performed through electronic 
media or on the Internet. 
 
Article 98 Independent confiscation 
Any article or document that constitutes infringement of rights in 
trademark, certification mark, or collective trademark shall be 
confiscated, regardless of whether such article or document belongs to 
the offender. 
 
Article 99 Right to sue of group other than juridical person 
An unrecognized foreign juridical person or group may file a 
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                  Page 5958 
 complaint, initiate a private prosecution, or institute a civil suit in respect 
of matters governed by this Act. Same rights shall also be entitled by a 
domestic group which is not a juridical person and has acquired rights to 
a certification mark. 
 
Chapter V Supplementary Provisions 
 
Article 100 Transitional provision for service mark 
A service mark which was already registered prior to the 
enforcement of the articles of this Act amended on April 29, 2003 shall 
be deemed a trademark from the date of enforcement. 
 
Article 1 01 Transitional provision for abolishment of associated 
registration system 
An associated trademark, associated service mark, associated 
collective mark or associated certification mark which was already 
registered prior to the enforcement of the articles of this Act amended 
on April 29, 2003 shall be deemed an independent registered trademark 
or mark from the date of enforcement; the period of right in such 
trademark or mark shall be the same as which originally granted. 
 
Article 102 Transitional provision for abolishment of defensive 
registration system 
With respect to a defensive trademark, defensive service mark, 
defensive collective mark or defensive certification mark which is already 
registered before the enforcement of the articles of this Act amended on 
April 29, 2003 , the provisions in effect at the time of publication of 
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 registration of the said trademark or mark shall govern; rights of such 
trademark or mark shall be extinguished unless the proprietor of such 
trademark or mark applies for changing such trademark or mark into an 
independent one. 
 
Article 103 Special provision for three-year period of non-use 
With respect to the trademark or mark which has been changed 
into an independent one pursuant to the preceding article, the 
three-year period as prescribed in Subparagraph 2 of Paragraph 1 of 
Article 63 shall commence from the date of change. 
 
Article 104 Trademark fees 
Any person who files an application for registration, renewal, entry 
of change, opposition, invalidation, revocation and any other 
proceedings under this Act shall pay the required fees of filing, 
registration, renewal, entry of change, opposition, invalidation and 
revocation. 
Standards of Trademark Fees referred to in the preceding paragraph 
shall be prescribed by the Competent Authority. 
 
Article 105 Transitional provision for abolishment of paying 
registration fees by two installments 
For those who chose to pay registration fees by two installments 
and already paid the first installment prior to the enforcement of the 
articles of this Act amended on May 31, 2011, the second installment 
shall be paid pursuant to the provisions in effect before the amendment. 
 
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 Article 106 Transitional provisions for opposition and invalidation 
Registration of a trademark, against which an application for 
opposition or invalidation had been admitted but the disposition thereof 
had not been rendered prior to the enforcement of the articles of this 
Act amended on May 31, 2011, shall be cancelled only if such 
registration falls under the provisions of cancellation in effect both at the 
time of registration and after the enforcement of the amendment to this 
Act; the proceedings thereof shall follow the provisions in effect after the 
said enforcement. However, proceedings which had legally commenced 
prior to the said enforcement shall not be affected. 
Paragraph 2 and 3 of Article 57 shall not apply to an application for 
invalidation which had been admitted but the disposition thereof had 
not been rendered prior to the enforcement of the articles of this Act 
amended on May 31, 2011. 
A trademark, certification mark, or collective mark, which was 
registered prior to the enforcement of the articles of this Act amended 
on May 31, 2011 and against which an application for opposition or 
invalidation was filed or submitted in a proposal after the said 
enforcement, shall be cancelled only if such trademark or mark falls 
under provisions of cancellation in effect both at the time of registration 
and after the said enforcement. 
 
Article 107 Transitional provisions for revocation 
An application for revocation, of which the disposition had not been 
rendered prior to the enforcement of the articles of this Act amended on 
May 31, 2011, shall be processed pursuant to the provisions in effect 
after the said enforcement. However, proceedings that had legally 
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 commenced prior to the sais enforcement shall not be affected. 
Paragraph 2 of Article 57 applicable mutatis mutandis  to Paragraph 
2 of Article 67 shall not apply to an application for revocation which had 
been a dmitted but the disposition thereof had not been rendered prior 
to the enforcement of the articles of this Act amended on May 31, 2011. 
 
Article 108 Special provision for date of filing 
In an application filed prior to the enforcement of the articles of this 
Act amended on May 31, 2011 to register a motion, hologram, or any 
combination thereof as a trademark, the date of the said enforcement 
shall be deemed the filing date of such application. 
 
Article 109 Special provisions for date of priority 
In an application filed to register a motion, hologram, or any 
combination thereof as a trademark with a priority claim, if the date of 
filing of the first such application in a country which has reciprocal 
recognition of priority rights with the ROC or with a member of the WTO  
was prior to the enforcement of the articles of this Act amended on May 
31, 2011, the date of the said enforcement shall be deemed the priority 
date of such application. 
In an application filed with a claim of exhibition priority, if the date 
of the first display of goods or services under the trademark applied for, 
at an international exhibition which was held or officially recognized by 
the Government of the ROC, was prior to the enforcement of the articles 
of this Act amended on May 31, 2011, the date of the said enforcement 
shall be deemed the date of exhibition priority of such application. 
 
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 Article 110 Enforcement Rules 
The Enforcement Rules of this Act shall be prescribed by the 
competent authority. 
 
Article 111 Date of enforcement 
The date of enforcement of this Act shall be decided by the 
Executive Yuan. 
 
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