The Customs Administration could in June begin fining people who smuggle counterfeit goods valued at less than NT$5,000 and that infringe upon copyright laws, an official familiar with the matter said.
The administration proposed an amendment to the Customs Anti-smuggling Act (海關緝私條例) to make penalties for the exportation and importation of counterfeit items fairer, the official said.
The current act stipulates that smugglers or those dealing in smuggled goods may be fined up to three times the value of the goods and that the items may be confiscated.
Photo: CNA
However, the act exempts individuals from fines in cases in which the duty-paid value or the free-on-board (FOB) value of the goods does not exceed NT$5,000. The exemption does not apply to guns, ammunition and drugs.
The act also stipulates that if declared goods are found to be counterfeit and infringe on patent, trademark or copyright laws, a fine of up to three times the value of the goods may be imposed, and the goods be confiscated.
That means that while smugglers are exempt from fines if they have imported counterfeit goods of lesser value, those who report the goods to customs must pay fines regardless of the value, the official said.
The proposed amendment would expand the list of items not covered by the exemption to include counterfeit goods that contravene patent, trademark and copyright laws.
If the act is implemented, smugglers would be fined up to three times the value of the counterfeit goods, regardless of what their duty-paid or FOB values are, the official said, adding that counterfeit products would be confiscated.
The proposed amendment is open to public comment until April 28 and could be implemented in June, they said.
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