2020 年 11 月 1 日

Brief Analysis of the Warranties and the Disclaimers of Warranties for Technology Licensing Agreements (Taiwan)

Albert Yen[1] Technology licensing means that the licensor (the technology provider) agrees to allow the licensee (the technology requester) to use all or part of the rights to a patent, copyright, trade secret or other technological know-how of the licensor […]
2020 年 10 月 1 日

Does Acceptance of Stablecoins Constitute the Offense of Illegal Acceptance of Deposits under the Banking Law? (Taiwan)

Elva Chuang[1] Introduction of stablecoins A stablecoin is, as its name suggests, a currency with stable value in contrast to bitcoins and etherums with high price volatility.  Stablecoins are characterized by constant value (usually a fixed ratio to the value […]
2020 年 9 月 1 日

The One Not Loved Is the Other Man/Woman?A Perspective on the Decriminalization of Adultery Based on Judicial Interpretation No. 791(Taiwan)

Tiffany Hsiao The Council of Grand Justices of the Judicial Yuan declared on May 29 via Judicial Interpretation No. 791 (Effect of the Offense of Adultery and Withdrawal of Charges)[1] that Article 239 of the Criminal Code, which does not […]
2020 年 8 月 1 日

Opt-in? Opt-out? Precautions for Enterprises Concerning the Design of Two Different Systems (Taiwan)

Jhen-Yi Chen, Yuki Chiang and Jaime Cheng (California Attorney)[1] I. Introduction The California Consumer Privacy Act (hereinafter, “CCPA”) grants consumers the right[2] to access their personal information (consumers may request businesses to disclose, free of charge, the types of their […]
2020 年 7 月 1 日

Parallel Import of Genuine Goods and Exhaustion of Trademark Rights; New Opportunities for Parallel Importers of Genuine Goods? (Taiwan)

Nora Shih 1. Parallel import of genuine goods and exhaustion of trademark rights Parallel import of genuine goods, commonly known as “parallel goods,” refers to the importation of goods from the original manufacturer in a foreign country in the name […]
2020 年 6 月 1 日

Brief Introduction of the Investigation Confidentiality Order System (Taiwan)

Jenny Chen On January 15, 2020, the President promulgated the Amendments[1] to the Trade Secret Law, of which the most important element should be the new investigation confidentiality order system. In the current practice of trade secret investigation, prosecutors and […]
2020 年 5 月 1 日

Effective Now! Precautions for Enterprises subject to the California Consumer Privacy Act (Taiwan)

Jhen-Yi Chen, Yuki Chiang and Jaime Cheng (California Attorney)[1] I. Introduction The California Consumer Privacy Act (hereinafter, the “CCPA”) was passed in November 2018 and, with a number of amendments, became effective on January 1, 2020.[2] The CCPA applies to […]
2020 年 5 月 1 日

Employment in disguise? Gig economy and employment law (Taiwan)

Alex Liao 1. Gradual changes to life and employment patterns due to gig economy As the mobile Internet and personal devices have become increasingly popular,[i] all kinds of convenient services have also found their ways into the life of everyone […]
2020 年 4 月 1 日

Employer’s Granting of Leave and Payment of Wages During Novel Coronavirus Outbreak (Taiwan)

Fang-Wei Lin[1] Since the novel coronavirus (COVID-19) outbreakin Wuhan last December, the epidemic has become a global pandemic.  To thoroughly carry out epidemic prevention, not only the government has taken all kinds of epidemic quarantine isolation measures pursuant to law,[2] […]
2020 年 3 月 1 日

Legal effects of failure to timely request the extension of time pursuant to the agreement (Taiwan)

Luke Hung I. Notification obligation for the extension of time The extension of time is the most common scenario and dispute for the performance of a typical construction contract.  However, whether the reasons, extent and impact of a construction extension […]
2019 年 12 月 31 日

Investing in China – Foreign Investment Law and Its Implementation Regulations (Draft for Solicitation of Public Opinions) of China (Taiwan)

Debby Yu To boost the confidence of foreign investors in their investment in China, the 13th National People’s Congress of China promulgated on March 15, 2019 the Foreign Investment Law of the People’s Republic of China (hereinafter, the “Foreign Investment […]
2019 年 11 月 30 日

My Market Is Not My Market? -An Observation of the Empirical Test Trend for Market Definition (Taiwan)

Oli Wong The Fair Trade Law prohibits an enterprise from engaging in any competition restraining act that disrupts or distorts market competition mechanisms.  The regulations concerning restraints on competition cover monopolies, mergers or acquisitions, concerted actions, vertical restrictions and other […]
2019 年 10 月 31 日

Brief Analysis on the Application of “Patent Contribution Rate” to the Calculation of Damages in Patent Infringement Cases in Taiwan (Taiwan)

Sean Tsou 1. Concept of “patent contribution rate” The so-called “patent contribution rate” means, as it literally suggests, the degree of contribution of a certain patent to the value of a certain product.  This concept has emerged due to the […]
2019 年 9 月 30 日

Analysis of Compulsory Transfer of Shares (Equity) – Comparison of Company Laws of Taiwan and the People’s Republic of China (Taiwan)

Emily Chueh Article 163 of the Company Law of Taiwan provides: “Unless as otherwise provided for in this Law, assignment/transfer of shares of a company shall not be prohibited or restricted by any provision in the Articles of Incorporation.”  Basically, […]
2019 年 8 月 31 日

O Liberate Us, Libra? – A Look at Facebook’s New Venture (Taiwan)

After being rumored for months, Facebook has finally confirmed that it intends to enter into the cryptocurrency market by introducing its own digital coin named Libra.   The primary objective of Libra, as stated in the white paper available online, is to provide banking services to those around the world that do not have ready access to them.  
2019 年 7 月 31 日

Boundaries among Benevolent Acts between Friends and Relatives, Pre-employment Trials and Illegal Harboring of Foreign Nationals for Work (Taiwan)

2019.7.21 Teresa Huang According to statistics released by the Workforce Development Agency of the Ministry of Labor on the status of foreign professionals and industry and social welfare foreign workers lawfully receiving employment permission for their work in Taiwan, there […]
2019 年 6 月 17 日

Legal Control over Stablecoins

2019.6.17 Sean Liu There has been incessant news about Facebook’s intention to set foot in the blockchain domain and issue a stablecoin since the end of 2018.   A while ago, Facebook finally released a white paper codenamed Libra and is […]
2019 年 5 月 31 日

Introduction and brief review on the highlights of the Judicial Yuan’s initial draft of the Commercial Case Adjudication Law (Taiwan)

2019.5.20 Jhen-Yi Chen I. Features and important provisions of the draft Commercial Case Adjudication Law The initial draft of the draft Commercial Case Adjudication Law (hereinafter, the “Law”) released by the Judicial Yuan on March 29, 2019 has seven major […]
2019 年 4 月 30 日

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 […]
2019 年 3 月 31 日

Analysis of Economic Substance Legislation in Tax Havens – Focused on the Legal Regime of the Cayman Islands (Taiwan)

2019.3.22 Nora Shih Until now since the end of 2018, governments of tax haven jurisdictions have successively introduced legislation relating to economic substance, which requires that if enterprises within the scope of law seek to engage in statutory business, they […]
2019 年 2 月 28 日

Current Status of Same Sex Marriage Protection in Taiwan; Dedicated Same Sex Marriage Law Directly Submitted for Second Reading (Taiwan)

2019.3.15 Tiffany Hsiao I. Progress of the draft Implementation Law for the Judicial Yuan Interpretation NO.748 The Executive Yuan Council adopted the draft Implementation Law for the Judicial Yuan Interpretation NO.748 prepared by the Ministry of Justice on February 21, […]
2019 年 1 月 31 日

Practical remedies when application to the original disposition agency for reopening the procedure in accordance with Article 128 of the Administrative Procedure Law is rejected (Taiwan)

2019.3.15 Angela Wu The so-called “application to reopen a procedure” refers to a procedure in which the respondent or interested party of an administrative disposition may apply to the original disposition agency for cancellation, revocation or amendment if the administrative […]
2018 年 12 月 31 日

Preliminary Treatise on Dangerous Probability for the “Likelihood of Restraining Competition” under Article 20 of the Fair Trade Law(Taiwan)

2018.12.7 Oli Wong The primary regulation on restrictions on non-price vertical restraints of enterprises under the Fair Trade Law (hereinafter, the “FTL”) is Article 20 of the FTL. The acts of enterprises are subject to the provisions of the subparagraphs […]
2018 年 11 月 30 日

Launch of Reporting Platform for Information about the Representatives and Major Shareholders of Companies (Taiwan)

Sophia Tsai To accommodate international mutual evaluation on anti-money laundering practices, the Legislative Yuan added a new company information reporting system in Article 22-1 in the amendments to the Company Act on July 6 this year.  To wit, a company […]
2018 年 10 月 31 日

Updates on Legal Amendments Concerning Corporate Social Responsibility, Social Enterprises and the Company Act (Taiwan)

2018.9.30 Fang-Wei Lin I. Backgrounds In view of global reflections upon the capitalist pursuit of maximum personal benefits in recent years, currently it is generally perceived that in addition to the pursuit of shareholders’ interest, a private company should also […]
2018 年 9 月 30 日

From Call Auction to Continuous Trading (Taiwan)

2018.9.10 Tiffany Hsiao The trading system of the stock market in Taiwan has gone through various changes.  Although the matching interval of the current call auction has been continuously reduced from 20 seconds to the current 5 seconds, still the […]
2018 年 8 月 31 日

Introduction of the Consent and Extraterritoriality under the GDPR (Taiwan)

2018.8.21 Tina Li The GDPR, which stands for the General Data Protection Regulation, is a regulation adopted by the European Parliament and the European Council on April 27, 2016.  In addition to a preamble, the GDPR consists of 11 chapters […]
2018 年 7 月 31 日

On the competing relations between the right of minority shareholders to call a shareholders’ meeting under Article 173, Paragraph 4 of the Company Act and temporary administratortemporary administrators (Taiwan)

2018.7.22 Jenny Chen Article 173, Paragraph 4 of the Company Act provides: “When the board of directors fails to or cannot convene a shareholders’ meeting on account of share transfer or any other cause, the shareholder(s) holding 3% or more […]
2018 年 6 月 30 日

No More Hiding in the Cloud (Taiwan)

2018.5.10 Ankwei Chen The closely-watched US Supreme Court case U.S. v. Microsoft came to an abrupt end on April 17, 2018 after the Justices delivered a three-page per curiam opinion finding that there is no longer any point of dispute […]
2018 年 5 月 31 日

Revival of the Legal Effect of Voting Agreements (Taiwan)

2018.5.29 Teresa Huang As trading opportunities for cross-border and cross-industry mergers and acquisitions are increasing, the distribution mechanisms for a company’s operating rights and the seats of directors have become important issues for the tugs of war and negotiations among […]