Bridging the Gap: Educating Customs Officers During Brand Transitions to Combat Counterfeiting in Taiwan

CHANG TSI
Insights

March04
2025

Last year in Taiwan, we successfully assisted several well-known Fortune 500 companies in industries such as apparel and pharmaceuticals in intercepting counterfeit goods at Customs. We observed that during a brand's trademark transition period, these brands become prime targets for counterfeiters. Changes in packaging and design can leave Customs officials uncertain. Faced with the potential paperwork and follow-up required for detaining goods, officials might lean towards less aggressive enforcement for brands undergoing changes. This underscores the critical need for brands to actively educate Customs officials during these vulnerable transition periods to ensure continued vigilance and protection against counterfeit products.

In 2024, Taiwan Customs successfully seized a significant amount of counterfeit goods, primarily including pharmaceuticals, cosmetics, and 3C (computer, communication, and consumer electronics) products. Most of these counterfeit goods originated from China Mainland, Hong Kong, and Macau. Notably, the number of infringement cases via air transport was twice as high as those via sea transport.

Customs Procedures in Taiwan:

Upon discovering potential trademark-infringing goods during their daily inspection work, customs officers promptly initiate the following procedures:

Air Export Goods:

  • Trademark owners must confirm whether the goods are infringing within 24 hours at customs offices or approved platforms.
  • They must provide evidence either in written or electronic form within three working days. If unable to submit within the deadline due to valid reasons, they may request a three-working-day extension, limited to once.

Air Import and Sea Import/Export Goods:

Trademark owners must confirm within 24 hours and provide evidence within three working days, with extension conditions similar to those for air export goods.

Custom Recordal in Taiwan:

Custom recordal can enhance customs officials' understanding of trademarks, allowing for more precise detainment of potential counterfeit goods and maximizing the protection of trademark owners’ rights. The necessary documents for customs registration include:

  • Detailed descriptions highlighting the distinguishing features of genuine and counterfeit goods.
  • Electronic files containing images or catalogs of genuine products, counterfeit products, or side-by-side comparisons, with images aligned to the registered goods.
  • Proof of trademark registration.
  • Contact information.

Advantages of Choosing Our Services in Taiwan:

Strong Collaboration with Customs for Efficient Identification

Our longstanding cooperation with customs ensures that customs officers can promptly capture important photographic details when detaining suspected counterfeit goods. This aids trademark owners in quickly and accurately identifying the authenticity of goods within the limited available time.

Professional Training to Minimize Infringement Risks

We are frequently invited to provide training to customs, sharing expertise in identifying counterfeit goods. Such training effectively enhances customs' sensitivity to potential counterfeit products, further safeguarding the interests of trademark owners.

By availing of our professional Custom recordal/training services in Taiwan, the client can trade with peace of mind. Our team have their back on this matter.

If you have any questions regarding Taiwan customs, please feel free to inquire at any time via taiwanteam@changtsi.com

Matt Hou
Counsel | Attorney at Law
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