Publication Type
Book Chapter
Version
publishedVersion
Publication Date
10-2019
Abstract
The present trademark infringement case involved a defendant which is a Hong Kong company and has a business address in Taiwan. The present first-instance decision rendered by a single judge recognises that Taiwanese courts have jurisdiction and Taiwanese Trademark Act is the applicable law,1 which is in line with the decisions of Taiwan’s IP Court in its capacity as the second instance court. However, it resorted only to Article 25 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (“Act”), which is different from the decisions rendered by Chambers 1 and 2 of the Taiwan IP Court in its capacity as the second instance court. While Chamber 1 is more of the opinion that Articles 25 and 42(1) of the Act both apply to determine the applicable law,2 Chamber 2 has been consistently applying only Article 42(1) of the Act.
Discipline
Intellectual Property Law
Research Areas
Innovation, Technology and the Law
Publication
Annotated Leading Trademark Cases in Major Asian Jurisdictions
Editor
Kung-Chung Liu
First Page
419
Last Page
428
ISBN
9780367313432
Identifier
10.4324/9780429316395-36
Publisher
Routledge
Citation
LIU, Kung-chung.
Principles for applicable law for trademark infringement in Taiwan applicable to cases involving Hong Kong companies. (2019). Annotated Leading Trademark Cases in Major Asian Jurisdictions. 419-428.
Available at: https://ink.library.smu.edu.sg/sol_research/3007
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.4324/9780429316395-36