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Taiwan - Threats of Action for Intellectual Property Right Infringement

The Taiwanese Fair Trade Commission (FTC) has established Priniciples governing the use of warning letters by holders of intellectual property rights to customers of a primary infringer. Under these Principles, any such warning letter needs to be specific and objective. The FTC now seems to have expanded upon these requirements and in a recent case held that the sending of a warning letter to the customers of an alleged patent infringer, without having first requested the primary infringer to cease marketing the infringing product, was also unfair. Direct approach to the customers of the primary infringer was an "obviously unfair act" since it had the effect of coercing or harassing the customers of the patentee's competitor not to trade with that competitor.


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© Copyright 2000 Ladas & Parry - Posted 6/11/2000
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