Amended good-faith prior use clause could threaten predictability in trademark suits - World Trademark Review

An amendment to Taiwan's Trademark Law may impact the application of the good-faith prior use defense. The amendment changed the wording of the clause and shifted its placement in the law. The original scope of the defense, which protects use of a trademark in good faith, is now unclear, leading to potential difficulties in determining infringement and the evidence needed for a successful defense. Monitoring the practice of good-faith prior use will be important after the amendment takes effect.

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