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A Study on Applicability of Articles 20 and 24 of the Fair Trade Law to Appearance of Counterfeiting Goods or Services Cases
Abstract
This research has come out with many results. Due to the constraint of an abstract, only the following will be mentioned:
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Registered trademarks are included in Article 20 of the Fair Trade Law.
- Symbols widely known to the relevant enterprises or consumers must have exceptionally high reputation among absolute majority of the relevant enterprises or consumers.
- The term " identical or similar use" of Article 20 of the Fair trade Law should be interpreted as "using identical or similar symbols, whether in sound, appearance or idea, so as to cause the likelihood of confusion."
- Confusion means confusion about the goods, their sources and the legal entities.
- Article 24 of the Fair Trade Law has been overly used and needs more typification.
- Beyond the jurisdiction of Article 20, Article 24 of the Fair Trade Law can be applied, e.g. the protection against dilution, and the protection for symbols not yet in Taiwan but already widely known in foreign countries.
Updated at：2008-12-19 07:48:37
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