Taiwan Trademark News Letter
No.5 issued in February 2025
Avail International Trademark
Attorney at Law
Ching-I Lu
attorney at law |
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Ching-I Lu serves as the speaker of the 4th Cross-Strait Trademark Practice Forum in 2024
The Fourth Cross-Strait Trademark Practice Forum was held on November 28, 2024. Ching-I Lu was invited to be the speaker on the topic, "Discussion on Cross-Strait Trademark Classic Cases", to talk about "Taiwan's NEFFUL Trademark Infringement Case / the scope of application for Trademark Right Exhaustion Principle". Relevant information can be found on the official website of the Chinese National Federation of Industry:
https://ipr.cnfi.org.tw/event/event_detail.php?id=46
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Ching-I Lu was invited to serve as the Secretary-General of the Third Taiwan Trademark Association
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Latest Trademark Practice Insights
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The Supreme Court broadened the scope of the trademark exhaustion principle to include the same historical origin as published on the website
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Based on the Supreme Court's opinion, multinational companies seeking to enter the Taiwanese market and claim trademark infringement must exercise extreme caution. If their marketing strategy confuses consumers about the source of the products, and the trademark owner has the ability to control quality, it may be determined that their trademark rights have been exhausted, making it challenging to assert trademark infringement in Taiwan. Furthermore, when assessing the relationship between domestic and foreign trademark owners, the court does not require a cooperation agreement or evidence of a parent-subsidiary relationship. Simply relying on information available on a multinational enterprise's website ............ |
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The appointed lawyer should submit additional grounds for appeal to the Supreme Administrative Court, as the appellant is not qualified to articulate the grounds
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The issue in this case is that after the appellant filed an appeal independently and submitted a brief of grounds for appeal, he subsequently appointed a lawyer as his litigation agent. However, the lawyer did not submit an additional brief of grounds for appeal within the required 20 days. Is the appeal still valid? The question arises: since the appellant has already filed a brief of grounds for appeal, is the lawyer still obligated to submit another brief?
The Supreme Administrative Court clearly explained in this case that, under the system of compulsory legal representation, the appellant is unable to articulate the reasons for the appeal...... |
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In addition to the statutory compensation, the punitive penalty of NTD 3 million stipulated in the settlement agreement has also been awarded
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There are widespread doubts regarding the enforceability of high punitive penalty clauses in litigation. However, the judgment in this case offers a glimmer of hope for those who question their validity. If the offender continues to commit offenses, the substantial punitive penalty outlined in the settlement agreement may still be awarded in full, rather than being regarded as merely symbolic. This also serves as a warning to offenders, who should no longer regard such punitive penalty clauses as mere deterrent tactics. |
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Before establishing this firm in 2022, Ching-I Lu practiced in the Trademark Department of a leading law firm, which is also top three firms in Taiwan, for more than 15 years.
She specializes in trademark matters, including litigation and prosecution. Ching-I Lu ever represented many leading companies in the world to retrieve their famous trademarks in Taiwan.
Ching-I Lu was invited to be the first Secretary-General of the Taiwan Trademark Association from 2020 to 2022.
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