SONG YANG TECHNOLOGY CO., LTD. sells “Eco-friendly indoor slippers” through both online and physical channels. It publishes photos of products in advertisements and declares “Patent number: D144859” on the physical product despite the patent having been revoked and the patent no longer in force, thus the advertisement is deemed misleading.
After investigation by the Fair Trade Commission, although the product involved in the case had been granted the R. O. C patent certificate, the patent period was from January 11, 2012 to May 17, 2023, but the patent was revoked on June 24, 2021 due to the invalidation. Therefore, the product no longer holds a patent, yet it continued to display such words as “Patent number: D144859”, “Taiwan registered patent number”, “R. O. C. patent certificate: D144859”, “ultra-lightweight patented technology product” and other words, the content of the advertisement does not match the facts.
In addition, according to the professional opinion of the Intellectual Property Office of the Ministry of Economic Affairs, once the patent right is revoked, the product cannot continue to be advertised with the patent certificate number unless it has been marked and circulated before the patent right is revoked, this is a violation of Article 21, Paragraph 1 of the Fair Trade Act.
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