Jolene Chen On December 29, 2020, the Supreme People’s Court issued the Several Provisions on the Application of Retroactivity in the Civil Code of the People’s Republic of China (the “Provisions”), which came into effect on January 1, 2021.  The […]

Karl Zhang On December 10, 2020, the Supreme People’s Court promulgated the Guidelines for the Enforcement of Intellectual Property Rights Decisions (the “Guidelines”), which mainly include the following contents. I. Specific scope of intellectual property rights (IPR) cases IPR cases […]

Nora Shih The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 797 of the Judicial Yuan (hereinafter, the “Interpretation”) on November 20, 2020, holding that the requirement that service by deposit shall be effective after the service is […]

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2437 Decision of October 22, 2020 (hereinafter, the “Decision”), holding that although a general court is bound by an administrative court’s final adjudication in determining the illegality of an administrative disposition, still it […]

Angela Wu The Supreme Court rendered the 109-Tai-Shang-1952 Decision of September 3, 2020 (hereinafter, the “Decision”), holding that if a legal relationship confirmed through a court decision still cannot eliminate its unstable state, it is difficult to conclude that the […]

Oli Wong The Grand Criminal Chamber of the Supreme Court rendered the 108-Tai-Shang-Da-Four-Zi-2261 Adjudication of October 29, 2020 (hereinafter, the “Adjudication”), holding that when an actor engages in one act that constitutes the criteria for the offense of non-arm’s length […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2099 Decision of October 14, 2020 (hereinafter, the “Decision”), holding that the requirement is that a bona fide third party in a conditional sale trades with the possessor of an object due to […]

Karl Zhang On November 24, 2020, the Ministry of Civil Affairs issued the Circular on the Full Implementation of the Marriage Registration Provisions in the Civil Code of the People’s Republic of China (hereinafter, the “Circular”), which came into effect […]

Oli Wong The Supreme Administrative Court rendered the 109-Pan-442-Zi Decision of August 20, 2020 (hereinafter, the “Decision”) holding that since administrative and civil actions are two different trial systems, an administrative court can determine on its own the facts of […]

Nora Shih On August 12, 2020, the Supreme Court handed down the 2020-Tai-Shang-1012 Decision of August 12, 2020 (hereinafter, the “Decision”), holding that if a witness was indeed present and can testify to a fact, even if s/he is an […]

Frank Sun The Supreme Court rendered the 109-Tai-Shang-4070 Decision of September 10, 2020 (hereinafter, the “Decision”), holding that if an actor obtains the evidence of the facts relied on for his/her complaint, tip or report in advance through reasonable verification […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-234 Decision of September 10, 2020 (hereinafter, the “Decision”), holding that if the third party obviously knows or is expected to know that the apparent agent has no right of agency, the act […]

Angela Wu The Supreme Court rendered the 109-Tai-Shang-743 Decision of July 23, 2020 (hereinafter, the “Decision”), holding that if the inadequacies in the installation or management of a publicly-owned public facility would normally result in damage, there is a causal […]

Nora Shih The Supreme Administrative Court rendered the 109-Pan-228 Decision of April 24, 2020 (hereinafter, the “Decision”), holding that the set-off system is also applicable to a public law relationship, provided that the circumstances where private law claims may be […]

Frank Sun On August 25, 109, the Civil Grand Chamber of the Supreme Court handed down the 108-Tai-Kang-Da-953 Ruling (hereinafter, the “Ruling”), holding that in case a criminal incidental civil lawsuit is transferred to the civil division pursuant to the […]

Oli Wong The Supreme Court rendered the 108-Tai-Shang-2035-Zi Decision of August 19, 2020 (hereinafter, the “Decision”), holding that Article 184 of the Civil Code shall also apply to a juristic person. According to the facts underlying this Decision, the Appellant […]

Jenny Chen The Tainan Branch of the Taiwan High Court rendered the 109-Shang-Su-391 Decision of July 30, 2020 (hereinafter, the “Decision”), holding that since the legal interest of a victim of arson is social and public safety and an act […]

Di Wu On November 6, 2020, the Supreme People’s Procuratorate and the China Securities Regulatory Commission (the “CSRC”) jointly released a number of model cases of securities crimes and summarized a specific case related to a fraudulent offering as follows. […]

Emily Chueh The Supreme Court rendered the 109-Tai-Shang-2748 Decision of June 3, 2020 (hereinafter, the “Decision”), holding that if the defendant’s mediation with the victim has been successful and the court believes that there is no need to refer to […]

Frank Sun The Supreme Administrative Court rendered the 109-Pan-292 Decision of May 28, 2020 (hereinafter, the “Decision”), holding that if an act breaches both criminal law and administrative law obligations, whether the administrative agency may impose an administrative penalty similar […]

Oli Wong The Supreme Administrative Court rendered the 109-Pan-397-Zi Decision of July 28, 2020 (hereinafter, the “Decision”), holding that the preparation period for the criteria for “legal notification” when the arguments of the appearing party are heard only applies to […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-1172 Decision of July 15, 2020 (hereinafter, the “Decision”), holding that since the application of the short two-year statute of limitations to Article 127, Subparagraph 8 of the Civil Code comes with the […]

Jolene Chen On September 10, 2020, the Supreme People’s Court promulgated the Provisions of the Supreme People’s Court on the Application of Law in Trade Secret Infringement Trials (the “Trade Secret Provisions”).  Unlike the Interpretation of the Supreme People’s Court […]

Jolene Chen On August 20, 2020, the Supreme People’s Court issued the Decision of the Supreme People’s Court on Amending the Provisions on the Application of Law in Private Lending Trials (the “Decision”), which entered into effect on August 20, […]

Karl Zhang On August 18, 2020, the 29th Ministerial Meeting of the Ministry of Commerce deliberated and approved the Measures on Work Relating to Complaints From Foreign-invested Enterprises (the “Measures”), which came into effect on October 1, 2020.  The Measures […]

Emily Chueh The Supreme Administrative Court rendered the 109-Pan-320 Decision of June 4, 2020 (hereinafter, the “Decision”), holding that for the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights […]

Angela Wu The Supreme Court rendered the 109-Tai-Shang-3055 Decision of July 19, 2020 (hereinafter, the “Decision”), holding that in the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor […]

Frank Sun The Taiwan High Court rendered the 109-Jiao-Shang-Su-52 Decision of June 24, 2020 (hereinafter, the “Decision”), holding that if an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is […]

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-2543 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that with respect to the provision that “the contractor shall be compensated for the damage incurred due to the termination of the contract” […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2164 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that the facts and reasons set forth in a guilty decision and the explanation about the reasons of decision should be consistent from […]