Border measures for patent infringement


Crystal J. Chen

Border measures have become a commercial weapon for patent right holders in recent years, especially for the mobile phone manufacturers that have attempted to ban the importation of their competitors’ products by seeking injunctive relief from the US International Trade Commission (USITC).

In January 2014, the provision of border measures against patent infringement in Taiwan were added to patent law. Enforcement of the new legislation extends the protective coverage of border controls to patent rights, in addition to the protection provided for trademarks and copyrights. While this, no doubt, empowers the customs authorities to suspend the release of the alleged patent-infringing articles,the customs investigation and determination of patent-infringing goods will rely heavily on the cooperation of right-holders due to the sophistication of the various technologies involved.

To help customs officials carry out their duty, the Implementation Regulations for Customs Authorities to Suspend Goods Infringing on Patent Rights have been finalised in a recent public hearing held by the Taiwan Intellectual Property Office (TIPO). They are summarised below.

Detention procedure and requirements

USITC, border measures, patent rights, patent infringement