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Integrated Circuit Layout Design
Basic Information | Enforcement | Documents
Needed to Register Unfair Competition
Enforcement
Administration for Industry and Commerce (AIC)
Administration for Industry and Commerce (AIC) above county level may
exercise supervision over and carry out inspection of acts of unfair competition.
The infringed party of unfair competition acts may complain to the AIC.
AIC will be entitled the following functions and powers:
- In accordance with prescribed procedure, questioning traders under
scrutiny, interested parties and witness, and requiring them to provide
evidential material or other information related to the act of unfair
competition;
- Consulting and copying written agreements, account books, receipts,
bills, vouchers, invoices, documents, records, business correspondence
and other material related to acts of unfair competition.
- Inspecting property related to acts of unfair competition, where necessary,
ordering traders under investigation to explain the source and quantity
of the goods, temporarily stop selling them pending inspection, and
not to remove, conceal or destroy them.
Court Proceedings
Where the lawful rights and interests of an infringed party are damaged
by unfair competition acts, he may institute proceedings before the People's
Court.
Damages
Where a party causes damages to the infringed party by way of unfair competition,
he shall be responsible for the compensating the damages. Where the losses
suffered by the infringed party are difficult to calculate, the amount
of damages shall be the profits gained by the infringer during the period
of infringement through the infringing acts. The infringer shall also
bear all reasonable costs paid by the infringed party in investigating
the acts of unfair competition committed by the infringing party.
Other remedies for name, packaging and decoration
of well-known goods
Where a trader uses, without authorization, the name, packaging or decoration
peculiar to well-known goods or uses the name, packaging or decoration
similar to that of well-known goods so that his goods are confused with
the well-known goods of another person, causing buyers to mistake them
for the well-known goods, the relevant authority (AIC) shall order him
to cease the offense, confiscate the illegal income, and may impose, according
to circumstance, a fine of more than one and less than three times the
amount of illegal income; where the circumstances are serious, the said
authority may revoke his trade license; where a trader sells goods which
are counterfeit or of inferior quality, constitute crime, he shall be
prosecuted according to law for his criminal liability.
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