Taiwan Supreme Court: Limits on IP Warning Letters

Warning letters are a common tool in intellectual property disputes — but they are not a free pass.

What happened?
Taiwan’s Supreme Court ruled that even if rights holders follow pre-enforcement steps (such as characterization reports), repeatedly sending warning letters after receiving clarifications may still be considered unfair competition under the Fair Trade Act.

Why it matters:
This decision highlights that IP enforcement is not just about being legally correct — it must also be commercially fair. Overuse of warning letters can tip into market interference.

Lesson for rights holders:
Enforcement strategies should be both legally sound and ethically balanced. Protecting your IP is important, but respecting market fairness is equally critical.

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