Will You Be Fined for Importing Counterfeit Luxury Goods Bought Online to Taiwan?
HowBridge Does Not Ship Counterfeit Goods — Declare Honestly, Verify Authenticity
Counterfeit goods are prohibited from import: when seized, they are always confiscated and may incur a fine of up to 3 times their value (Customs Anti-smuggling Act, Article 39-1). Concealing counterfeits can also implicate your entire shipment. HowBridge, in accordance with the law, does not ship counterfeit goods — any suspected counterfeit found at intake into our warehouse will not be consolidated.
For peace of mind when shopping, start with channels that have an authentication mechanism. If you're unsure whether an item can be shipped, check the prohibited import list first:
Updated 2026-10-23 | Regulations and statistics are based on the primary sources verified as of the date noted on this page
2025 New Regulations and Enforcement Reality
On May 29, 2025, Taiwan's Ministry of Finance amended and published the "Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases," effective from June: smuggled counterfeit goods no longer qualify for the fine exemption on shipments valued under NT$5,000 — seized goods are always confiscated and may incur a fine of up to 3 times their value. Counterfeit goods imported through normal declared shipments never had a small-value exemption in the first place.
4.92 Million Counterfeit Items
According to Customs Administration statistics: in 2025, 430 intellectual property infringement cases were detected, involving 4.92 million counterfeit items. The top three categories were cigarettes, pharmaceuticals, and apparel — even counterfeit NVIDIA chips have been seized (8 units, worth over NT$7 million).
Over NT$900 Million
The value of infringement from counterfeit goods seized in 2025 exceeded NT$900 million (Customs Administration press conference, 2026-04-15). Enforcement isn't an abstract slogan — it's hundreds of real cases every year.
Small-Value Smuggling Exemption Abolished
Under the old rules, smuggling cases with goods valued under NT$5,000 could be exempt from fines (confiscation still applied). Under the amended rules, goods infringing trademark, patent, or copyright are excluded from the exemption — no matter how small the value, a fine still applies.
Source: Ministry of Finance Order No. 1141013915 (dated 2025-05-29) (amending Article 4 of the Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases); Customs Administration 2025 border intellectual property enforcement statistics. Verified as of 2026-08-31.
Why Importing Counterfeit Goods Is Illegal
Counterfeit goods infringe on others' trademark and copyright rights, and importing them touches on the Trademark Act, the Copyright Act, and the Customs Anti-smuggling Act all at once. What customs determines is whether the goods are counterfeit — not their value, purpose, or whether you knew. Once infringement is determined, confiscation is mandatory by law and a fine may also be imposed. Using an overseas consolidation warehouse address and having the goods reshipped to Taiwan doesn't change anything — the recipient still bears the importer's responsibility.
Many people assume "buying one item for personal use is fine" — there is indeed a difference at the criminal liability level (see the tiers below), but confiscation of goods and administrative fines don't distinguish between personal use and selling: the item is still confiscated, you may still be fined, and destruction costs may still be recovered from you.
Tiers of Criminal and Administrative Liability: Personal Use vs. Intent to Sell
Importing counterfeit goods for personal use, with no intent to sell: there is no criminal liability under the Trademark Act, but the goods are still confiscated and you may still be fined up to 3 times the value of the goods. The moment there is "intent to sell," criminal liability applies — these are two completely different levels of consequence.
| Scenario | Legal Consequence | Legal Basis |
|---|---|---|
| Personal-use import (no intent to sell) | No criminal liability under the Trademark Act; but the goods are confiscated and a fine of up to 3 times the value of the goods may apply, with destruction costs over NT$5,000 recovered from the importer | Customs Anti-smuggling Act, Article 39-1 |
| Importing with intent to sell counterfeit trademarked goods | Up to 1 year imprisonment, detention, or a fine of up to NT$50,000, or both (the same applies to online selling) | Trademark Act, Article 97 |
| Using, for marketing purposes, a trademark identical or similar to another's | Up to 3 years imprisonment, detention, or a fine of up to NT$200,000, or both | Trademark Act, Article 95 |
| Importing pirated goods (books, discs, games, and other unauthorized reproductions) | Deemed copyright infringement; criminal liability of up to 2 years imprisonment, a fine of up to NT$500,000, or both. An exception applies for personal, non-distributive use limited to one copy per work per instance | Copyright Act, Article 87 Paragraph 1 Item 3, Article 93 Item 3, Article 87-1 |
| Smuggling by concealment (undeclared smuggling) | A fine of up to 3 times the value of the goods plus confiscation; since June 2025, infringing goods no longer qualify for the fine exemption on shipments under NT$5,000 | Customs Anti-smuggling Act, Article 36; Standards for Reduction and Exemption of Penalties in Customs Anti-smuggling Cases, Article 4 |
The import penalty under Article 97 of the Trademark Act requires "intent to sell" as a constituent element (post the 2022 amendment); purely personal use does not constitute criminal liability under this article, but administrative liability and confiscation are unaffected. See the Laws & Regulations Database of the Republic of China for the original legal text. Verified as of 2026-08-31.
Online Shopping Scenarios Most Likely to Result in Counterfeits
According to an EUIPO 2023 survey (25,824 interviews): nearly 4 in 10 (39%) European consumers have suspected they bought a counterfeit product, rising to 52% among those aged 15–24 — unknowingly falling victim is more common than you'd think, and these four scenarios are the most dangerous:
- Sellers of unknown origin on secondhand/C2C platforms: no authentication mechanism, prices clearly below market value
- Purchasing agents claiming "guaranteed authentic" at a clearly low price: the guarantee is just a sales pitch, and the price gap tells the real story
- Social media/livestream listings labeled "export overstock," "factory original," or "factory surplus": these three labels are nearly synonymous with counterfeits
- High-quality replica shoes, bags, watches, and electronics accessories: clothing, footwear, and leather goods together account for 62% of globally seized counterfeit goods
How Customs Detects Counterfeit Goods
Trademark rights holders can submit product identification features and apply to customs for "presentation protection" (rights registration). Customs carries out border enforcement under the "Regulations Governing Customs Protection Measures for Trademark Rights," and when goods showing a clear risk of infringement are found, it notifies both the rights holder and the importer/exporter simultaneously.
The process has clear time limits: the rights holder must appear in person to make an identification within the deadline (24 hours for air and sea imports, 4 hours for air exports), and must submit evidence of infringement within 3 working days. The importer/exporter likewise has 3 working days to submit proof of "no infringement" — otherwise, the goods are not released and are handled under the Customs Anti-smuggling Act. Imported postal parcels and express shipments are equally subject to inspection — small parcels from online consolidation are not a blind spot for enforcement; they are a key focus.
- Suspected infringement → both parties notified → rights holder identifies and provides evidence within the deadline → referral or disposition under the Anti-smuggling Act
- International data confirms that small parcels are the main battleground: according to OECD/EUIPO statistics, about 65% of counterfeit seizure cases come through small parcel and postal channels
Three anti-counterfeiting events in Aug–Sep 2026: what are Customs and TIPO focusing on?
In August–September 2026, Taiwan Intellectual Property Office (TIPO) and the Customs Administration held three anti-counterfeiting events: the customs training focused on telling genuine from fake medicines, health supplements and cosmetics by comparing anti-counterfeit labels and packaging on site; the TIPO seminar noted that cross-border e-commerce has diversified the channels through which counterfeits circulate; and the Taiwan–Japan seminar discussed public–private cooperation and authenticity-check and takedown mechanisms on e-commerce platforms. The table below only summarizes what each agency's press release says.
| Date (official release) | Organizer | Event | Key points in the press release |
|---|---|---|---|
| 2026-08-25 | TIPO, Ministry of Economic Affairs | Seminar on "Enhancing Consumer Brand Awareness and Anti-Counterfeiting of Trademarks" | The release states that cross-border e-commerce and online shopping have diversified the channels through which counterfeits circulate. The agenda covered cross-border trademark management (global portfolio, customs border protection, e-commerce platform governance, cross-border enforcement cooperation), and the IPR investigation unit of the Criminal Investigation Bureau presented enforcement results, emerging infringement patterns and identification points; over 250 registrations. |
| 2026-09-11 (training held on September 3) | Customs Administration, Ministry of Finance | First customs genuine-vs-counterfeit identification training of 2026 | Theme: medicines, health supplements and cosmetics (linked to public health and medication safety). International brand right holders and legal advisers taught the course and displayed genuine and counterfeit products side by side, so frontline officers could closely examine anti-counterfeit labels and packaging features. Customs has held such courses regularly since 2016, choosing a theme each year based on international enforcement trends. |
| 2026-09-14 | Organized by the Taiwan–Japan Relations Association, with TIPO participating | 2026 Taiwan–Japan Intellectual Property Seminar | The Japan Patent Office presented its anti-counterfeiting measures (overseas support system, inter-ministry cooperation); TIPO explained Taiwan's IPR protection action plan, a new program starting in 2027, and cooperation cases with police and the Customs Administration; other speakers covered public–private cooperation against counterfeits and, on C2C auction sites, counterfeit circulation and the authenticity-check and takedown mechanisms between platforms and right holders; 137 participants. |
None of the three press releases announced new penalties or seizure figures, and this page draws no inferences from them. Sources: TIPO 2026-08-25, Customs Administration 2026-09-11, TIPO 2026-09-14 (in Chinese); checked 2026-10-23.
How does customs border protection work? Key points of Trademark Act Articles 72–78
A trademark owner can record its trademark with Customs in advance ("recordation for protection"), or file a written application with a security deposit asking Customs to detain goods; when Customs, in performing its duties, finds goods that obviously appear to infringe a trademark, it notifies the trademark owner and the importer/exporter and sets deadlines for verification and evidence (Trademark Act Article 75).
| Provision | Content (summarized from the Laws & Regulations Database of the R.O.C.) |
|---|---|
| Trademark Act Art. 72 | A trademark owner may apply to Customs to detain in advance imported or exported goods that may infringe its trademark; the application must be in writing, explain the infringement, and provide a deposit equal to the customs value of the imported goods or equivalent security. The detained party may provide a deposit of twice that amount or equivalent security to request that the detention be revoked. |
| Trademark Act Art. 73 | Cases in which Customs must revoke a detention, e.g. the applicant does not file an infringement lawsuit over the detained goods and notify Customs within 12 days of the day after Customs notifies acceptance of the detention (Customs may extend this by 12 days if needed). |
| Trademark Act Art. 74 | If a final court judgment finds the detained goods do not infringe, the applicant must compensate the detained party for its losses; the article also sets conditions for returning both parties' deposits. |
| Trademark Act Art. 75 | When Customs, in performing its duties, finds imported or exported goods that obviously appear to infringe a trademark, it must notify the trademark owner and the importer/exporter: the owner must verify and submit evidence of infringement within a set period, and the importer/exporter must provide documents proving non-infringement within a set period. If the owner has submitted evidence and the importer/exporter has not provided proof, Customs may suspend release. |
| Trademark Act Art. 76 | After detention or suspension of release, the trademark owner may, with Customs' consent, obtain the names, addresses and quantity of suspected infringing goods of the importer/exporter and consignor/consignee, to be used only for investigating infringement and filing suit. |
| Trademark Act Art. 77 | The trademark owner may borrow samples from Customs for verification by paying a deposit (120% of the customs value of the samples plus related taxes, not less than NT$3,000). |
| Trademark Act Art. 78 | Authorizes the Ministry of Finance and others to issue implementing rules, i.e. the Regulations Governing Customs Measures for Protecting Trademark Rights. |
| Implementing Regulations Arts. 2–4 | "Recordation for protection" means the trademark owner, during the term of the trademark right, provides protection data to Customs to be registered in its IPR database; one application per trademark registration number, with written descriptions and images of the features of genuine and infringing goods; protection runs from approval until the trademark right expires. |
| Implementing Regulations Arts. 7–8 | After notification: for air imports and sea imports/exports, the trademark owner must confirm verification within 24 hours (4 hours for air exports) and submit evidence within 3 working days; the importer/exporter must provide proof of non-infringement within 3 working days (either side may apply once for a 3-working-day extension). If the importer/exporter fails to do so and Trademark Act Article 95 or 97 may have been violated, the whole case is referred to the judicial authorities. |
| Customs Anti-smuggling Act Art. 39-1 | Where declared import or export goods infringe a patent, trademark or copyright and are not genuine parallel imports, a fine of up to three times the value of the goods is imposed and the goods are confiscated. |
Sources: Laws & Regulations Database of the R.O.C. — Trademark Act (amended 2023-05-24), Regulations Governing Customs Measures for Protecting Trademark Rights (amended 2021-09-15), Customs Anti-smuggling Act (in Chinese); checked 2026-10-23.
Buying one item for yourself vs. buying many: how do the authorities tell the difference?
We found no "personal-use quantity limit" published by the Customs Administration or TIPO. Legally, Trademark Act Article 97 punishes "selling or, with intent to sell, ... importing"; the confiscation and fine under Customs Anti-smuggling Act Article 39-1 make no distinction between personal and commercial use and set no quantity threshold.
- Criminal liability depends on intent; the law states no quantity: the elements of Trademark Act Article 97 are "selling, or possessing, displaying, exporting or importing with intent to sell", including via electronic media or the internet; whether there is intent to sell is determined by prosecutors and courts based on the evidence in each case.
- Administrative liability does not exempt personal use: Customs Anti-smuggling Act Article 39-1 imposes "a fine of up to three times the value of the goods and confiscation" on declared infringing imports; since June 2025, smuggled infringing goods are also no longer eligible for the fine exemption under NT$5,000 (see "2025 New Regulations" on this page).
- International rules allow an exception; we found no Taiwanese provision adopting it: Article 60 of the WTO TRIPS Agreement lets members exclude "small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments" from border measures; we found no express provision adopting this exception in the Trademark Act, the implementing regulations above or the Customs Anti-smuggling Act. Not finding one does not mean it can never apply; each case is decided by Customs and the judicial authorities.
- The copyright "one copy" exception does not apply to trademarks: Copyright Act Article 87-1 (personal, non-distribution use) is a copyright rule (see the liability table on this page) and cannot be used to argue that counterfeit trademark goods may be imported for personal use.
Buying branded goods online from China: what should you watch out for?
Buy through the brand's official or authorized channels, keep purchase and authorization records, and declare truthfully. Medicines, health supplements and cosmetics were the focus of the 2026 customs identification training, and these three categories also have their own import rules.
- Choose official or authorized channels: a Taipei Customs press release of 2026-06-08 reminds online shoppers to buy branded goods through official websites or authorized agents and distributors, and to avoid unknown sellers or products priced far below genuine ones.
- Keep orders, payment and authorization records: when Customs notifies suspected infringement, the importer must provide documents proving non-infringement within 3 working days (Implementing Regulations Article 7); keeping official orders, invoices and authorized-dealer information in advance means you have something to show.
- The line is whether the goods are genuine: under Trademark Act Article 36, paragraph 2, the trademark owner may not assert its trademark against goods bearing a registered trademark that were put on the market at home or abroad by the owner or with its consent (except to prevent deterioration, damage, unauthorized processing or alteration, or for other legitimate reasons). What matters is whether the goods are genuine, not where you bought them.
- Medicines, supplements and cosmetics have extra rules: besides authenticity, these categories are subject to import rules of the competent authorities; before ordering, see supplement and medicine import rules, cosmetics shipping and drug and medical device imports.
- Declare item names, quantities and prices truthfully: HowBridge's route is China → Taiwan (Shenzhen warehouse + Taoyuan warehouse) and we do not ship counterfeit goods; whether a specific product may be imported is subject to the rules of the competent authorities and the decision of Customs.
Research literature and international rules
- Hung San-Kai (2014), A Study on Cross-Strait Customs Protection of Patent Rights, master's thesis, College of Law in-service master's program, National Chengchi University: notes that goods infringing trademarks and copyrights can usually be identified by appearance, whereas patent infringement mostly cannot be judged by appearance alone. NCCU repository
- Sung Yuan-Ming (2004), A Study on Relevant Issues of Customs Execute "Illegal Economic Activities" — Focus on Seizing Smuggling, master's thesis, Graduate Institute of Financial and Economic Law, Chung Yuan Christian University: includes a review of customs IPR border measures under TRIPS and administrative-law issues such as fines and confiscation. DOI 10.6840/cycu200400777
- WTO TRIPS Agreement, Part III, Section 4 "Special Requirements Related to Border Measures" (Articles 51–60): Article 51 requires members to let right holders apply to customs to suspend the release of counterfeit trademark goods; Article 60 is the de minimis exception for small non-commercial quantities. WTO text
- Customs Administration Q&A "How can a trademark owner apply to Customs for recordation for protection" (application route via the Customs-Port-Trade Single Window, required documents). Customs Administration
How Big Is the Global Counterfeit Trade?
According to a joint OECD and EUIPO study (2025 edition): global trade in counterfeit goods in 2021 was estimated at USD 467 billion, accounting for 2.3% of total global imports; China accounted for 45% of all seizure cases; clothing, footwear, and leather goods together accounted for 62% of seized counterfeit goods.
- USD 467 billion: estimated value of global counterfeit and pirated goods trade in 2021 (2.3% of global imports; the share of EU imports reaches as high as 4.7%)
- 65% via small parcels: about 65% of seizure cases come from small parcels and postal mail — fast, low unit value, low inspection risk — precisely the pattern of online shopping consolidation
- 62% are clothing, footwear, and leather goods: highly overlapping with the categories Taiwanese online shoppers buy most often
- 39% of consumers have suspected buying a counterfeit (EUIPO 2023; reaching 52% among those aged 15–24); 13% admit to having intentionally purchased counterfeit goods
Source: OECD/EUIPO, "Mapping Global Trade in Fakes 2025" (OECD press release, 2025-05-07); EUIPO, "2023 IP Perception Study." Verified as of 2026-08-31.
The Right Way to Verify Authentic Products
Rather than studying "what happens if you get caught," it's better to buy the right thing from the start. Five checkpoints:
- Use Official ChannelsBrand official websites, official flagship stores, officially authorized dealers — the channel is always the first guarantee of authenticity.
- Use Platforms with Authentication MechanismsFor trend/streetwear items, use platforms with third-party verification like Dewu's "authenticate before shipping" — authentication records are kept and traceable.
- Use Inspection Services for High-Value Secondhand ItemsFor high-value items on secondhand platforms like Xianyu, use the platform's inspection service and cross-check prices against Dewu — don't rely only on the seller's photos.
- Reject Obviously Low Prices"Luxury" items priced far below market value are almost certainly counterfeit; "export overstock," "factory original," and "factory surplus" are counterfeit sales pitches, not bargains.
- Use Legitimate Consolidation and Declare HonestlyDeclare item names and prices truthfully; don't conceal "luxury" items of unknown origin — don't let one counterfeit item jeopardize your entire shipment.
Frequently Asked Questions
Note: HowBridge does not ship counterfeit goods. This page is educational content on legal risk; for individual cases, please consult the Ministry of Finance's Customs Administration and the Ministry of Economic Affairs' Intellectual Property Office.
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