Product Listing Policy

A person who distributes, sells, publicly displays or by other means shows to another person the text, picture, voice, image or other goods with obscene contents shall be punished with imprisonment for not more than two years or detention; in addition, a fine of not more than NT$30,000 may be imposed.
A person who, with intent to distribute, communicate and sell, makes or is found in possession of the text, picture, voice, image and attachments thereto or other goods referred to in the preceding paragraph shall be subject to the same punishment.
The text, picture, voice or image and attachments thereto or other goods referred to in the preceding two paragraphs shall be confiscated whether or not they belong to the offender.

Article 2:The drugs referred to herein mean any addictive or abusive narcotic drugs or narcotic drugs harmful to society and the products thereof, as well as psychotropic drugs and the products thereof.
Four grades of drugs are categorized according to the addiction, abuse and social hazard of the drugs, including:

• 1.1st grade: Heroin, Morphine, Opium, Cocaine and other similar products (see Attached Schedule 1);
• 2.2nd grade: Opium poppy, Cocaine, Marijuana, Amphetamine, Pethidine, Pentazocine and other similar products (see Attached Schedule 2);
• 3.3rd grade: Secobarbital, Amobarbital, Nalorphine and other similar products (see Attached Schedule 3);
• 4.4th grade: Allobarbital, Alprazolam and other similar products (see Attached Schedule 4).
  The grading and scope of the drugs referred to in the preceding paragraph shall be reviewed every three months by a Review Board consisting of delegates from the Ministry of Justice and Department of Health, Executive Yuan, and any adjustment thereto shall be published by Executive Yuan.
  The Narcotic drugs and the products thereof, and psychotropic drugs and the products thereof for medical and scientific purposes shall be governed by separate laws.

Article 4:Any person who manufactures, transports and sells 1st grade drugs shall be sentenced to death, or life imprisonment; in addition thereto, a fine of no more than NT$20,000,000 may be imposed. Any person who manufactures, transports and sells 2nd grade drugs shall be sentenced to life imprisonment or imprisonment of more than 7 years; in addition thereto, a fine of no more than NT$10,000,000 may be imposed. Any person who manufactures, transports and sells 3rd grade drugs shall be sentenced to imprisonment of more than 5 years; in addition thereto, a fine of no more than NT$7,000,000 may be imposed. Any person who manufactures, transports and sells 4th grade drugs shall be sentenced to imprisonment of more than 3 years but less than 10 years; in addition thereto, a fine of no more than NT$3,000,000 may be imposed. Any person who manufactures, transports and sells the tools for manufacturing or abuse of drugs shall be sentenced to imprisonment of more than 1 year but less than 7 years; in addition thereto, a fine of no more than NT$1,000,000 may be imposed. Any attempt to commit the crimes referred to in the above five paragraphs shall be punishable.

Paragraph 1 of Article 2 provides that the term "Tobacco products" defined herein refer to cigarettes, cut tobacco, cigars and other products entirely or partly made of the leaf tobacco or its substitute as raw materials which are manufactured to be used for smoking, chewing, sucking, snuffing or other methods of consuming.

Paragraph 1 of Article 5 provides that tobacco products shall not be sold by vending machines, mail orders, e-shopping, or any other methods through which the age of the consumers cannot be screened by the vendors.

Paragraph 1 of Article 9 provides that the promotion or advertising of tobacco products shall not be done via Internet.

Paragraph 7 of Article 9 provides that the promotion of tobacco products shall not use merchandise with brand names or trademarks identical or similar to tobacco products in conducting promotion or advertising.

Article 14 provides that no person shall manufacture, import or sell candies, snacks, toys or any other objects in the form of tobacco products.

Article 4:provides that alcohol referred to in this Act shall mean beverages having an alcohol content by volume of more than 0.5 percent, undenatured ethyl alcohol and other ethyl products that can be used for the production or preparation of the above-mentioned beverages. Alcohol which is regarded as medicine in accordance with the acts or regulations of the central health authority shall be exempted from administration as alcohol under this Act.

Article 31: provides that alcohol products shall not be sold by vending machines, mail orders, e-shopping, or any other methods through which the age of the consumers cannot be screened by the vendors.

Article 13:The term "medical equipment" as used in this Act shall refer to instruments, machines, apparatus and their accessories, fittings and parts which are used in diagnosing, curing, alleviating, or directly preventing the diseases of human beings, or which may affect the body structure or functions of human beings.
The central competent health authority shall establish Regulations Governing the Management of Medical Equipment in regards to its scope, classification, management, and other matters in accordance with practical needs.

Article 20:The term "counterfeit drugs" as used in this Act shall refer to the drugs which are found to fall within any of the following circumstances after inspection or testing:
1. The drugs are manufactured without prior approval;
2. The active ingredients of the drugs are inconsistent with the ingredients thereof previously approved;
3. The drugs are packed or alternated with the products of others; or
4. The marking of the expiration date of the drugs has been altered or replaced.

Article 22:The term "counterfeit drugs" as used in this Act shall refer to the drugs which are found to fall within any of the following circumstances:
1. Poisonous or harmful drugs which are prohibited by an order publicly announced by the central competent health authority, from manufacturing, dispensing, importing, exporting, selling or displaying; or
2. Drugs which are imported without prior approval, except the drugs which are carried into this country for personal use by passengers or service personnel on board the means of transportation.
The quota of the personal-use pharmaceuticals referred to in Subparagraph 2 of the preceding Paragraph shall be determined by the central health competent authority in conjunction with the Ministry of Finance.

Article 78:In addition to the actions to be taken under other relevant provisions of this Act, the following disciplinary actions shall be taken when the suspicious medications sampled and tested are discovered and confirmed as counterfeit drugs, misbranded drugs, prohibited drugs or defective medical equipment:
1. All the manufacture permit licenses, import permits, factory registration certificates, and the business permit licenses granted to the manufacturer or importer, or held by a person other than the owner of such permits or licenses, found to be manufacturing or importing counterfeit drugs or prohibited drugs shall be revoked entirely by the original issuing authorities.
2. For the firm which sells or displays with intent to sell counterfeit drugs or prohibited drugs, the municipality's or county's (city) competent health authority shall announce in newspapers the name, address and the responsible person of the firm, the name of drugs involved and the details of the violation. In case of further violation by the said firm, its business operation may be suspended.
3. For the firm which manufactures, imports, sells or displays with intent to sell misbranded drugs or defective medical equipment, the municipality's or county's (city) competent health authority shall announce in newspapers the name, address and responsible person of the firm, the name of medications involved and the details of the violation. In case of serious or further violation by the said firm, its permits and licenses may be revoked and its business operation may be also suspended. The provisions in the preceding Paragraph shall apply mutatis mutandis to persons who manufacture or import medical equipment without prior approval.

Article 82:Any person who manufactures or imports counterfeit drugs or prohibited drugs shall be subject to punishment with imprisonment for a period of not more than ten (10) years and may in addition thereto be imposed with a fine of not more than NT$10,000,000.
The offender set forth in the preceding Paragraph shall be punished with life imprisonment or imprisonment of more than ten (10) years in the event the said offence results in personal death, or with imprisonment of more than seven (7) years in the event the offence results in serious personal injury.
Any person who commits the offence set forth in the first Paragraph hereof by negligence shall be punished with imprisonment of not more than three (3) years, detention or a fine of not more than NT$500,000.
Any attempt to commit the crime referred to in the first Paragraph shall be punishable.

Article 84:Any person who manufactures or imports medical equipment without prior approval shall be punished with imprisonment of not more than three (3) years and may, in addition thereto, be imposed with a fine of not more than NT$100,000.
Any person who knowingly sells, supplies, transports, stores, brokers, transfers or displays with intent to sell the medical equipment set forth in the preceding Paragraph shall be subject to the punishment set forth in the preceding Paragraph.
Any person who commits the offence set forth in the preceding Paragraph by negligence shall be punished with imprisonment of not more than six months, detention or a fine of not more than NT$500,000.

Article 14:None of the foods, food additives, food cleansers, food utensils, food containers and food packaging which are designated by the central competent authority in a public notice shall be manufactured, processed, prepared, repacked, imported or exported without product registration filed with and a license procured from the central competent authority. Any change in the registered entries shall be subject to the prior approval of the central competent authority.
The license referred to in the preceding paragraph shall be valid for a term of one to five years subject to the decision of the central competent authority. Application for extension shall be filed within three months prior to the expiration of the term with the central competent authority if continued manufacture, processing, preparation, repacking, importation or exportation is desired after the expiration. The term of each extension shall not exceed five years.
Regulations governing the revocation of the approval referred to in the first paragraph, and issuance, replacement, re-issuance, extension, transfer, de-registration and change in the registered entries of the license, etc. shall be prescribed by the central competent authority.
The product registration under the first paragraph may be commissioned to another institution in accordance with the regulations which are prescribed by the central competent authority.

Article 4:The guns, cannons, ammunitions and knives defined in this Act refer to:
1. Guns: Canons, shoulder-launched assault weapons, machine guns, sub-machine guns, carbines, automatic rifles, rifles, horse pistols, pistols, pistol fountain pens, gas soft guns, tranquilizer dart guns, hunting rifles, air guns, spear guns, and any other lethal weapons capable of launching metal or bullets.
2. Ammunitions: Cannonballs and bullets used for said guns and any other lethal or destructive bombs or explosives
3. Knives: Samurai swords, stick knives, double knives, brass knuckles, steel (iron) whips, thrusters, daggers, and any other lethal knives prohibited in a public notice by the competent central authority.
The guns and ammunitions referred to in the sub-paragraphs 1 & 2 of the preceding paragraph shall include the component parts thereof, unless the parts cannot form the guns or ammunitions.
The types of component parts of guns and ammunitions shall be published by the competent central authority.

Article 5:Without the competent central authority's prior approval, no person shall engage in manufacturing, selling, transporting, transferring, leasing, borrowing, holding, depositing or displaying the guns and ammunitions referred to in the preceding paragraph.

Article 4:Wildlife shall be classified in two categories:
1. Protected Species: Endangered Species, Rare and Valuable Species and Other Conservation-Deserving Wildlife;
2. General Wildlife: All other wildlife not included in the previous category.
The Wildlife Conservation Advisory Committee is responsible for the determination of animals which belong in the first category. The NPA is responsible for compilation and announcement of the Schedule of Protected Species.

Article 40:The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$300,000 and not more than NT$1,500,000:
1. Violation of Article 24, Paragraph 1, unapproved import or export of live Protected Wildlife Species or products.
2. Violation of Article 35, Paragraph 1, trading, displaying or exhibiting with the intent to sell Protected Wildlife and its products.

Article 51:Anyone who meets any of the following circumstances shall be subjected to a fine of not less than NT$10,000 and not more than NT$50,000:
1. Violation of Article 12, Paragraph 1 by avoiding, refusing or hindering a wildlife resource investigation or the application of conservation plan measures;
2. Violation of Article 20, Paragraph 1;
3. Violation of Article 24, Paragraph 1 by import or export of General Wildlife without the approval of the competent central authority;
4. (Deleted)
5. Violation of Article 28;
6. Violation of Article 31, Paragraphs 1, 2, 3 or 6;
7. Violation of Article 35, Paragraph 1 by display or exhibition in a public area of Protected Wildlife,Endangered or Rare and Valuable Species products with no intent to sell but lacking the proper permission;
8. Violation of Article 37;
9. Violation of Article 38;
10.Any owner or keeper who refuses to sell their wildlife carcass according to Article 39.

Article 5:The terms used in this Act are as defined as follows:
1. Agro-pesticide: Denotes formulated agro-pesticides and technical grade agro-pesticide.
2. Formulated agro-pesticide: Denotes the chemicals or biologically-based formulations listed below:

• (1) Those used for preventing and eliminating pests of crops and forest or the products thereof;
• (2) Those used for regulating the growth of crops and forest or for influencing the physiological functions thereof;
• (3) Those used for regulating the growth of beneficial insects;
• (4) Any other chemicals designated by the competent central authority for protecting plants.

3. Technical grade pesticide: Denotes any and all active ingredients or raw materials required for the manufacturing of formulated agro-pesticides referred to in the preceding paragraph. Notwithstanding, any and all technical grade pesticides shall be deemed formulated agro-pesticides as long as they are directly used for any of the purposes under the preceding paragraph and are approved and promulgated by the competent central authority.
4. Labeling: Denotes the illustrative text, patterns or marks on the container, packaging or enclosed specification of agro-pesticides.
5. Agro-pesticide manufacturers: Denotes those engaged in the manufacture, processing and repackaging of agro-pesticides as well as the wholesale and export of agro-pesticides, and the import of technical grade agro-pesticides for personal use; manufacturers also may be engaged in the retail of their own products.
6. Agro-pesticide dealers: Denotes those engaged in the wholesale, retail, import and export of agro-pesticides.
7. Manufacturing: Denotes the process of manufacturing raw materials into technical grade agro-pesticides.
8. Processing: Denotes the process of transforming technical grade agro-pesticides into formulated agro-pesticides.

Article 26:An agro-pesticide dealer shall designate full-time managers and before proceeding to do business, shall first apply to the competent local municipality or county/city authority for issuing an agro-pesticide dealer's license.
The relevant autonomous regulations governing the examination of application under the preceding paragraph shall be prescribed by the corresponding competent municipality or county/city authority.
The regulations governing the training and qualification requirements of the managers under the first paragraph, the acquisition, revoking and abolishment of their certificates and other relevant matters shall be prescribed by the competent central authority.

Article 29:An agro-pesticide dealer shall observe the following provisions:
1. Hang the agro-pesticide dealer's license visibly in the business place;
2. Shall not sell formulated agro-pesticides outside the business place;
3. Shall not sell formulated agro-pesticides with the original package unsealed;
4. Shall not sell agro-pesticides without labeling;
5. Shall separate agro-pesticides from others if the dealer also sells other goods.

Article 2:This Act regulates fireworks and firecrackers used for the purposes of celebration, entertainment and viewing, but does not include signal flares, smoke bombs, or similar products.
1. High-altitude fireworks: This refers to fireworks of diameter 7.5 centimeters or greater that shoot upward to an altitude of 75 meters or higher when ignited.
2. General fireworks: Except in the case of the previous classification, general fireworks means the fireworks that create sparks, spin, fly, explode, or smoke when ignited.

The general fireworks defined in the second subparagraph of the preceding paragraph were separated into the followings:
1. Sparking fireworks
2. Spinning fireworks;
3. Moving fireworks;
4. Flying fireworks;
5. Ascending fireworks;
6. Exploding fireworks;
7. Smoking fireworks;
8. Thrown fireworks;
9. Others.

Article 7:The general fireworks dealers shall apply for a "type" authorization and individual authorization with the competent central authority and may begin operating only after being issued a type authorization certificate or attached authorization label.
The competent central authority may cancel or order the cancellation of individuals failing certification of the general fireworks and not able to correct the failure.
The competent authority may conduct spot check examinations or sample purchase and examination in the production, storage or sales area of the general fireworks for the issuing of the authorization label.
All spot check examinations or sample purchase inspections for the application for the type authorization, individual authorization or attached authorization label, as mentioned in Paragraph 1 of this Article, may be conducted by a professional institution that is authorized by the competent central authority.
All application qualifications, procedures, required documents, authorization criteria, review methods, label specifications and attachment methods, fee collection, and other requirements in the first Paragraph for the application of type authorization and individual authorization for general fireworks shall be defined by the competent central authority.

Article 9:Importers of general fireworks shall apply for the issue of a type authorization, following the regulations of Paragraph 1 of Article 7, and also submit the relevant information to the competent central authority, including, importer, types of general fireworks, specifications, quantity, import location, packaging, supercargo, mode of transportation and transport route. Importers may not begin operating until being issued import authorization documents by the competent central authority. The general fireworks imported pursuant to the requirements referred to in the preceding paragraph shall be transported to a qualified storage facility, and the local fire department shall then be notified to begin processing.
The general firework importers must be issued an individual authorization and attach an authorization label before they shall be permitted to depart the storage facility. Notwithstanding, those failing the individual authorization application who are not able to make the necessary corrections must have the shipment returned or destroyed.

Article 10:The general fireworks shall not be sold by vending machine, mail order, or any other method through which the age of the consumer cannot be screened.

Article 12:High altitude fireworks importers or dealers must apply with the competent central authority for authorization and may engage in the import or sale upon receipt of the authorization letter.
All application qualifications, procedures, required documents, authorization criteria, abolishment or revocations of authorization, review methods, fee collections, and other requirements in the preceding paragraph shall be defined by the competent central authority.

Article 7:A place for the process of public hazardous materials refers to any of the following places:
1. Place for trading:

• (1) Type 1 Trading Place: The place for trading the Six Materials in containers in a quantity less than 15 times of the control quantity;
• (2) Type 2 Trading Place: The place for trading the Six Materials in containers in a quantity greater than 15 times but less than 40 times of the control quantity; and

2. General Process Place: Any place other than those places described in the preceding subparagraph for processing the Six Materials at a quantity over the control quantity.
The place for the process of flammable pressurized gases refers to any of the following places:
1. The Trading Place: The place for trading flammable pressurized gases in containers; and
2. The Container Inspection Place: The place for inspecting containers of liquefied petroleum gases or domestic use or operating use.

Article 9:Fire safety equipment at a place for the manufacturing, storage or process of public hazardous materials and flammable pressurized gases shall be provided pursuant to Fire Safety Equipment Establishment Standards (the Equipment Standards) and other applicable laws and regulations depending on the class of such material or gas.

Article 11:Any person other than the issuers, agencies or dealers shall engage in the sale of lotteries.

Article 349:(Offence of receiving stolen property)A person who receives stolen property shall be punished with imprisonment for not more than three years, detention, or a fine of not more than NT$500.
A person who transports, accepts for storage, knowingly purchases, or acts as a broker for stolen property shall be punished with imprisonment for not more than five years or detention; in lieu thereof, or in addition thereto, a fine of not more than NT$1,000 may be imposed.
A thing obtained from the conversion of stolen property shall be considered to be stolen property.

Article 159:(Offence of misusing the uniform, badge and official title of a public official)
A person who openly and without authority wears the uniform or badge or makes use of the official title of a public official shall be punished with a fine of not more than NT$500.

Rules Administering Permits for Ordering, Sales and Possession of Police Arms

Article 2:The Rules define that the police arms permitted to be ordered, sold or possessed upon application are limited to the police baton, police hand cuff, electric police baton/stick (electric shock machine) and assault prevention net.
Issue of the permit to the police arms referred to in the preceding paragraph may be commissioned by the Ministry of the Interior (hereinafter referred to as the “Ministry”) to the National Police Agency of the Ministry (hereinafter referred to as "National Police Agency") or municipality or county/city police departments.
The suppliers referred to in the Rules shall be limited to corporations.

Article 56:Unless otherwise provided for in this Act, the patentee of a patented article shall have the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article without his/her prior consent.
Unless otherwise provided for in this Act, the patentee of a patented process shall have the exclusive right to preclude others from using such process and using, selling or importing for above purposes the articles made through direct use of the said process without his/her prior consent.
The scope of an invention patent right shall be determined based on the claim(s) set forth in the specification of the invention. The descriptions and drawings of the invention may be used as a reference when interpreting the scope of the claims in the patent application.

Article 106:Unless otherwise provided for in this Act, the patentee of a utility model shall have the exclusive right to preclude other persons from manufacturing, offering for sale, selling, using, or importing for such purposes such patented products without his/her prior consent.
The scope of a utility model patent shall be determined based on the claim(s) set forth in the specification of the patented utility model. When interpreting the scope of claims, the description and drawings of the utility model patent may be used as reference.

Article 123:Unless otherwise provided for in this Act, for the designated article to which a patented design is applied, the patentee of such design patent shall have the exclusive right to preclude others from manufacturing, offering for sale, selling, using or importing for above purposes the articles of the design or similar design as claimed in the design patent without his/her prior consent.
The scope of the design patent rights shall be determined based on the drawings of the patented design. When interpreting the scope of claim, the descriptions of the design patent made in the specifications of the creation may be used as reference.

Article 81:Any person who commits any of the following acts without prior consent of the trademark or the collective trademark right holder thereof shall be charged with imprisonment for no more than three years, detention and, in addition thereto or in lieu thereof, a fine of no more than NT$200,000:
1. One who uses a mark identical to a registered trademark or collective trademark on the same goods or services;
2. One who uses a mark identical to a registered trademark or collective trademark on similar goods or services, and hence has caused confusion to or misled relevant consumers;
3. One who uses a trademark that is similar to a registered trademark or collective trademark on the identical or similar goods or services, and hence has caused confusion to relevant consumers.One who uses a trademark that is similar to a registered trademark or collective trademark on the identical or similar goods or services, and hence has caused confusion to relevant consumers.

Article 82:Any person who knowingly sells, displays for sale, exports or imports the goods referred to in the preceding article shall be charged with imprisonment of no more than one year, detention, and, in addition thereto or in lieu thereof, a fine of no more than NT$50,000.

Article 87:Any of the following circumstances, except as otherwise provided for under this Act, shall be deemed an infringement of copyright or plate rights:
1. To exploit a work by means of infringing on the reputation of the author.
2. Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3. Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4. Import of the original or any copies of a work without the authorization of the economic rights holder.
5. Exploitation for business purposes of a copy of a computer program that infringes on the rights of the economic rights holder of such computer program.
6. Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
7. To provide to public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.
A person who engages in the activities set out in the preceding subparagraph 7 shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Article 91:A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$750,000.
A person who infringes on the economic rights of another person by means of reproducing the work without authorization with the intent to sell or rent shall be imprisoned for not less than six months and not more than five years, and in addition thereto, may be fined not less than NT$200,000 and not more than NT$2,000,000.
A person who commits the offense in the preceding paragraph by means of reproducing onto an optical disk shall be imprisoned for not less than six months and not more than five years, and in addition thereto, may be fined not less than NT$500,000 and not more than NT$5,000,000.
A work only for personal reference or fair use of a work does not constitute infringement of copyright.

Article 91-1:A person who infringes on the economic rights of another person by distributing the original of a work or a copy thereof by transfer of ownership without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$500,000.
A person who distributes or displays with intent to distribute publicly or possesses a copy knowing that it infringes on economic rights shall be imprisoned for not more than three years and, in addition thereto, may be fined not less than NT$70,000 and not more than NT$750,000.
A person who commits the offense in the preceding paragraph and the infringing copy is an optical disk shall be imprisoned for not less than six months and not more than three years and, in addition thereto, may be fined not less than NT$200,000 and not more than NT$2,000,000.Notwithstanding, this shall not apply to optical disks imported in violation of subparagraph 4 of Article 87 of this Act.
Punishment of an offense in the preceding two paragraphs may be reduced if the offender confesses the source of the goods, resulting in the uncovering thereof.

Article 92:A person who infringes on the economic rights of another person without authorization by means of public recitation, public broadcast, public presentation, public performance, public transmission, public display, adaptation, compilation, or leasing shall be punished by imprisonment for not more than three years, detention, or in lieu thereof, or in addition thereto, a fine of not more than NT$750,000.