To protect intellectual property (IP) rights, rights holders may exercise their right to self-defense or request enforcement agencies to handle IP right infringements through civil, administrative, or criminal measures, or request the application of control measures over import and export goods to detect, prevent, and handle the import and export of infringing goods.

1. The Relationship between (1) Civil Measures and (2) Administrative, (3) Criminal, and (4) IP-Related Import/Export Control Measures

• Administrative and Criminal to Civil: In cases where an IP infringer is being processed through administrative or criminal measures, the rights holder or damaged organizations and individuals may still file a lawsuit in court to claim damages.

• Import/Export Control to Civil: When applying control measures over import and export goods related to IP, if the Customs authority detects IP-infringing goods, it will notify the rights holder so they can initiate a civil lawsuit in court or submit an application requesting the competent authority to handle the matter through administrative measures (in this case, the rights holder retains the right to file a court lawsuit to claim damages).

2. The Relationship between (2) Administrative Measures and (3) Criminal and (4) IP-Related Import/Export Control Measures

• Administrative to Criminal: During the process of handling IP infringements via administrative measures, if signs of a crime are identified, the administrative enforcement agency must transfer the case files to the competent criminal prosecution authority for processing.

• Criminal to Administrative: In cases where an IP infringer has been indicted, prosecuted, or subject to a decision bringing the case to trial under criminal proceedings, but subsequently a decision is made to suspend the investigation or the case, if the infringing act shows signs of an administrative violation, the prosecution authority must transfer the case file and request the administrative enforcement agency to impose administrative penalties.

• Import/Export Control to Administrative: When applying control measures over import and export goods, if the Customs authority detects IP-infringing goods, it will notify the rights holder to request administrative handling of the import/export infringement from the Customs authority (in cases where IP counterfeit goods are detected, the Customs authority has the right to immediately apply administrative measures).

3. The Relationship between (3) IP-Related Import/Export Control Measures and (4) Criminal Measures

Current legal provisions do not explicitly specify a direct relationship between (3) IP-related import and export control measures and (4) criminal measures. Import and export control measures are carried out at the request of the rights holder. Upon detecting infringing goods, the Customs authority will apply administrative measures to handle the violation (if requested by the rights holder, except when IP counterfeit goods are detected, in which case Customs has the power to apply administrative measures immediately). During the case review to decide on penalties, if signs of a criminal offense violating IP rights are discovered, the Customs authority is responsible for transferring the case file to the competent criminal prosecution authority for handling through criminal measures.

THE ROLE OF IP ASSESSMENT, IP REPRESENTATION, AND RIGHT-ESTABLISHING AGENCIES IN IP ENFORCEMENT

1. The Role of IP Assessment

Intellectual Property Assessment serves an auxiliary role in supporting IP enforcement forces to evaluate and conclude upon:

• Legal status, protectability of IP subject matter, and the scope of protected IP rights;

• Identification of evidence for calculating damage levels;

• Identification of infringing elements, infringing products/services, and factors used as bases to determine the value of protected IP subject matter and infringing objects;

• Assessment of the capability to prove the capacity of the rights holder, prove infringement, identify infringing goods, or prove counter-arguments based on documents and evidence used in disputes or infringements.

An IP Assessment Conclusion issued by an assessment organization or an individual assessor serves as one of the information sources and reference documents for enforcement agencies to determine whether an IP right infringement has occurred.

An assessment request may be made by rights holders, related organizations or individuals, and enforcement agencies when necessary. IP assessment activities must be conducted by organizations and individuals meeting professional conditions prescribed by law.

2. The Role of IP Representatives

IP representation is a service provided by organizations or individuals to represent rights holders, protect the legitimate interests of IP rights holders, and assume responsibility for providing evidence or information regarding IP infringements against the represented rights holders, as well as providing explanations to clarify requests before enforcement agencies.

3. The Role of Right-Establishing Agencies

State management agencies for IP (such as the Intellectual Property Office, the Copyright Office, and the Plant Variety Protection Office) do not directly execute IP enforcement measures. However, as specialized agencies, they frequently provide expert opinions to assist enforcement agencies in concluding whether an IP right infringement has occurred.

Providing expert opinions is similar to IP assessment but is conducted directly by right-establishing agencies, and only enforcement agencies have the authority to request these expert opinions. Right-establishing agencies do not provide expert opinions to rights holders or other related organizations and individuals.