Chapter 9 PENALTY

Article 81 Criminal punishments for unauthorized users

Any person who commits any of the following acts without prior consent of the trademark or the collective trademark right holder thereof shall be charged with imprisonment for no more than three years, detention and, in addition thereto or in lieu thereof, a fine of no more than NT$200,000:
1. One who uses a mark identical to a registered trademark or collective trademark on the same goods or services;
2. One who uses a mark identical to a registered trademark or collective trademark on similar goods or services, and hence has caused likelihood of confusion or misleading to relevant consumers;
3. One who uses a trademark that is similar to a registered trademark or collective trademark on the identical or similar goods or services, and hence has caused likelihood of confusion to relevant consumers.

Article 82 Criminal punishments for willful sellers, displayers, importers or exporters of infringing articles

Any person, who knowingly sells, displays for sale, exports or imports the goods referred to in the preceding article, shall be charged with imprisonment of no more than one year, detention, and, in addition thereto or in lieu thereof, a fine of no more than NT$50,000.

Article 83 Confiscation of infringing articles