Newsletter
SELLBACK AND EXPORT OF TRADEMARKED GOODS
Under Articles 62 and 63 of the Trademark Law, using an ROC-registered trademark on goods without the consent or authorization of the trademark owner, or exporting goods marked with such a trademark, constitutes trademark infringement. However, it has been a matter of dispute in practice whether a trademark in-fringement occurs if goods bearing such a trademark are manufactured at the commission of an overseas company, and directly exported without being sold or distributed in Taiwan.
In a 2001 criminal judgment, the Tainan District Court stated that although it is widely believed in practice that "sellback" does not constitute trademark infringement, such "sellback" should be limited to trademark use commissioned by a foreign trademark owner. If such use or export is not commissioned by the foreign trademark owner, it is an offense under Article 62 or 63 of the Trademark Law. Otherwise, if the interpre-tation were extended to make all uses of a trademark commissioned by any foreign third party lawful, then the provisions of Article 63 concerning acts of "export" would become meaningless.