February 2020 marked the first time that the Taiwan Supreme Court has remanded an IP Court decision in a trademark case. In Taiwan, trademark infringement is a criminal offence, for which the most severe sanction is up to three years’ imprisonment. Article 376-1 of the Criminal Procedure Act establishes, where the offence is imprisonment, detention or a fine, the case cannot be appealed to the third-instance court after a second-instance judgment has been issued. In the past, trademark infringement cases were tried at two instances only – the first by district court and the second by the IP Court, the judgment of which could not be appealed to the Supreme Court.
20200424 台灣記事簿 [ 金門高粱酒產業 ],37:56