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Intellectual Property and Commercial Court


2014 Xing Zhi Shang Su Zi No. 18

Decision No. 2014 Xing Zhi Shang Su Zi No. 18
Date June 5, 2014
Decision Highlight

Article 220 Paragraph 2 of the Criminal Code of the Republic of China stipulates that “quasi-private-documents” means an audio recording, a visual recording, or an electromagnetic recording and the voices, images or symbols that are shown through computer process and are sufficient evidence of expression.

As the adaptor card shown in Attached List 2 inserted into Nintendo DS, the adaptor card would send digital data to present on the screen of Nintendo DS while responding to signal detection.

The mentioned digital data sent by the adaptor card is the same as the registered trademark “racetrack logo ” shown in Attached List 4 Nos. 1 to 3 of the complainant, the Japanese company Nintendo Co., Ltd. The “racetrack logo” presented by the adaptor card was a expression of the fact that it was produced or authorized to be produced by Nintendo Co., Ltd., the forgery of which would cause injury to the complainant, Nintendo Co., Ltd. and constitute a quasi-private-document.

Moreover, the defendant knowingly imported, displayed with the intent to sell, and sold the quasi-private-document containing the forged “racetrack logo” shown in Attached List 2 without authorization, which constitutes the crime of quasi-private-documents forgery.


Exercise the forged quasi-private-documents

Relevant statutes Article 216, Article 220 Paragraph 2, Article 210 of the Criminal Code of the Republic of China.
  • Release Date:2020-11-13
  • Update:2020-12-03