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Updated Wednesday, October 10, 2007 0:00 am TWN, By William C. Pao, The China Post



	The Taiwan Fair Trade Commission (TFTC) was set up in 1992 to build up a fair competition environment in Taiwan. Over the years the TFTC has worked to further free trade on the island and made sure that operations running contrary to the spirit of fair trade, such as monopolistic practices or ... Enlarge Photo

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The Taiwan Fair Trade Commission ’s mission: To build up a fair competition environment in Taiwan

The Taiwan Fair Trade Commission (TFTC) was set up in 1992 to build up a fair competition environment in Taiwan. Over the years the TFTC has worked to further free trade on the island and made sure that operations running contrary to the spirit of fair trade, such as monopolistic practices or collusion between companies to raise prices, were penalized and corrected.

The commission was created in accordance with the Fair Trade Law of 1991, which set the framework for the establishment and organization of the TFTC. The agency consists of nine commissioners ?all of them with expertise in the field of law or economics ?headed by a chairman. The commission is bipartisan ?no single political party may be represented by half of the commission ?to ensure that its mission is carried out in the most objective, unbiased manner.

"The Taiwan Fair Trade Commission operates with the principles of honesty, integrity, and pragmatism," said Tang Jinn-chuan, chairman of the TFTC, in a recent interview with The China Post. "We want to make sure that fair trade is practiced in Taiwan so that consumers will benefit by getting the best products and services at the most reasonable prices."

The amendment ofa leniency clause

Given the business world is changing everyday, the TFTC has announced several measures to strengthen fair trade in Taiwan. One of these measures is the amendment of a leniency clause to the Fair Trade Law. The clause stipulates that leniency, in the form of reduced fines or sentences, will be granted to a firm involved in an act of collusion to inhibit fair trade, if the firm reports the other participants in the act and provides assistance to investigators in the case.

"The amendment of a leniency clause to the Fair Trade Law is based on observation and study of fair trade laws in other nations," Tang said. "This is meant to make investigations more effective and less costly."

IPR protectionvs. fair competition

At the same time, the Taiwan Fair Trade Commission has constantly been looking for ways to strike a balance between intellectual property rights protection and fair trade. Specifically, TFTC will look into any case involving a company trying to inhibit competition in the market by threatening IPR infringement lawsuits against competitors.

"The TFTC places a heavy emphasis on IPR protection, but the need to place a balance between IPR protection and fair trade has become more important not only for Taiwan but for many countries in the world," Tang said. "For this, the TFTC has developed several guidelines for intervention when businesses are found to have misused their trademarks, copyrights or patents."

Also, the TFTC is working with the Intellectual Property Office (IPO) of the Ministry of Economic Affairs on ways to handle trademark infringement disputes. Currently, the IPO handles all cases involving infringement on registered trademarks, while the Taiwan Fair Trade Commission handles those involving infringement on unregistered trademarks.

"The IPO is working to include unregistered trademarks in the country's Trademark Law so that it will be solely responsible for handling all trademark infringement cases, whether the trademark is registered or unregistered," Tang said.

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