The amendments to the Patent Act concerning the articles of border protection measures were promulgated on March 24, 2014. The Regulations governing the Customs’ detainment of goods suspected for patent formulated pursuant to the Patent Act were also promulgated on the same date.
The highlights of the Regulations are:
- A patentee who requests the Customs to detain imported articles that are suspected for infringing its patent right(s) shall make the request in writing to the Customs offices at the place of importation of such articles, together with relevant evidences and explanations.
- When the detainment petition conforms to the provisions of the Regulations, the patentee shall, upon immediate notice from the Customs, provide a security bond amounting to the duty-paid price of the imported articles, as assessed by the Customs, or any equivalent assurance, and initiate an infringement litigation within twelve (12) days following the date of notice by the Customs’ of the detainment.
- The owner of the detained goods may request the Customs to vacate the detainment by providing a security bond or equivalent assurance amounting to two times of the duty-paid price of the imported articles as assessed by the Customs. (Wendy Chen)