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April 30, 2019

If an invention whose patent rights have been granted is deemed in violation of the Patent Law, evidence may be submitted to the dedicated agency to invalidate the patent; and if the evidence is verified, a disposition that upholds the invalidation should certainly be rendered (Taiwan)

2019.1.10 Hsiao-Han Su The Supreme Administrative Court rendered the 108-Pan-12 Decision of January 10, 2019 (hereinafter, the “Decision”), holding that if an invention whose patent rights have been granted is deemed to be in violation of the Patent Law, evidence […]
April 30, 2019

Introduction of the Indirect Patent Infringement System (Taiwan)

2019.4.24 Hsiao-Han Su 1. Evolution of the concept of indirect patent infringement Patent rights are rights granted to the patentees or their lawful assignees who enjoy a monopolistic status granted by law due to such rights, which are highly exclusive […]
April 30, 2019

Amendments to the Notice for Telemarketing Business Handled by Insurers, Insurance Agency Companies and Insurance Broker Companies (Taiwan)

2019.2.11 Grace Chiang The Financial Supervisory Commission amended the Notice for Telemarketing Business Handled by Insurers and renamed it as the Notice for Telemarketing Business Handled by Insurers, Insurance Agency Companies and Insurance Broker Companies (hereinafter, the “Notice”), which came […]
April 30, 2019

The notes set forth in the requirements for notarized wills and dictated wills may be computer typed or prepared by an automated machine (Taiwan)

2019.2.13 Jhen-Yi Chen The Ministry of Justice issued the Fa-Lu-Zi 10803501680 Circular of February 13, 2019 (hereinafter, the “Circular”) to point out that the notes set forth in the requirements for notarized wills and dictated wills may be computer typed […]
April 30, 2019

A material defect in the first instance litigation procedure shall mean that there is a causal relationship between the violation of the litigation procedure and the contents of a court decision or that since the litigation procedure violates relevant requirements, it is not appropriate to serve as the basis for second instance’s arguments and the trial level system is maintained. In such situation, a second instance may reverse the judgement of a first instance and remand the case. (Taiwan)

2019.1.16 Oli Wong The Supreme Court rendered the 107-Tai-Shang-Zi-1690 Civil Decision (hereinafter, the “Decision”), holding that a material defect in the first instance litigation procedure shall mean that there is a causal relationship between the violation of the litigation procedure […]
April 30, 2019

The Judicial Yuan’s interpretation on application to the court for a certificate after the end of litigation or a ruling granting the registration of the fact of pending litigation is finally reversed or set aside (Taiwan)

2019.2.23 Jonathan Chao The Judicial Yuan issued the Yuan-Tai-Ting-Min-One-1080005368 Circular of February 23, 2019 (hereinafter, the “Circular”) to interpret matters relating to an application filed by a party or an interest party to the court for a certificate after the […]
April 30, 2019

Since the bonus for unused vacation paid by an employer for special leave based on a worker’s salary is by nature a salary for extended work hours, it should be included as an item for reported insured salary for labor insurance (Taiwan)

2019.2.11 Teresa Huang The Taichung High Administrative Court rendered the 107-Jian-Shang-35 Decision of February 11, 2019 (hereinafter, the “Decision”), holding that since the bonus for unused vacation paid by an employer for special leave based on a worker’s salary is […]
April 30, 2019

Interpretation on relevant requirements for the exemption of business taxes on revenues generated by schools from industry-academic cooperation (Taiwan)

2019.1.8 Tiffany Hsiao The Ministry of Finance issued the Tai-Cai-Shui-10700704180 Circular of January 8, 2019 (hereinafter, the “Circular”) to interpret the requirements for exempting business taxes on revenues generated by schools for industry-academic cooperation conducted in accordance with the subparagraphs […]
 

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