2021 年 3 月 5 日

A Brief Introduction to the Criteria and Guidelines for Construction Extension (Taiwan)

Luke Hung[1] I. Mechanisms for handling the delay and extension of a construction period From small private construction projects to large infrastructure projects, the completion schedule of a project is the main concern of the project owner.  If the project […]
2021 年 2 月 1 日

(Too) Big Tech? Google Coming Under Fire (Taiwan)

Ankwei Chen The US Department of Justice (DOJ) filed a complaint (“Complaint”) against Google at the US District Court for the District of Columbia on October 20, 2020, in which it alleged Google of unlawfully maintaining a monopoly in search […]
2021 年 1 月 21 日

Summary of Laws Relating to Personal Information Protection (Mainland China)

Joyce Wen[1] In the era of big data, while data and information bring convenience to our life, the issue of personal information leakage is also becoming more and more prominent.  This is why the protection of personal information has become […]
2021 年 1 月 1 日

Is my work still my work? Common Disputes and Precautions for Translation License Contracts (Taiwan)

Yuki Chiang[1] I. Introduction Exchanges of cultural creations and knowledge are some of the current irresistible trends of globalization.  In order to make their works available to a wider audience and expand their competitiveness and the influence of their works […]
2020 年 12 月 30 日

Legal issues that companies should be aware of when using open source software (Taiwan)

Elva Chuang[1] Open source software has become the norm for enterprise IT departments around the world Open source software is by nature a type of computer program, which is still a type of work regulated and protected by the Copyright […]
2020 年 12 月 1 日

Preliminary Analysis of the Cosmetics Advertisement and the Cosmetics Hygiene and Safety Act (Taiwan)

Angela Wu The Cosmetics Hygiene and Safety Act (hereinafter, the “New Act”), previously known as the Statute for the Administration of Cosmetics Hygiene (hereinafter, the “Old Act”), was amended on a large scale on May 2, 2018.  To enable relevant […]
2020 年 11 月 4 日

Notice for the Taiwanese Concerning Pre-arrangement of Cross-strait Assets by Will (Taiwan and Mainland China)

Emily Chueh, Jolene Chen, Tiffany Hsiao[1] In the global village, modern people may more or less acquire assets overseas or reside in foreign countries for business or study purposes.  If it is necessary to plan after life matters, how a […]
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 28 日

Preparing a Worry-Free, Effective Will in Advance (Taiwan)

Tiffany Hsiao[1] The beginning of 2020 saw tumultuous global developments with the outbreaks of the epidemic and the successive death of many domestic and foreign celebrities due to the epidemic or other accidents.  One cannot help lament the vicissitude of […]
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 31 日

Practical Determination Standards for the Requirement of Reasonable Confidentiality Measures for Trade Secrets (Taiwan)

Teresa Huang and Albert Yen[1] During the global spread of the Covid-19 pandemic in 2020, Taiwan has been able to maintain almost normal life since it has managed the epidemic more appropriately than other countries.  In addition, alternative opportunities for […]
2020 年 8 月 21 日

Introduction to the Current Situation of A-share Listing of Taiwan-funded Enterprises in Mainland China (Mainland China)

Karl Zhang[i] Since the listing of Zhejiang King Refrigeration Industry Co., Ltd. (hereinafter, “Guoxiang”) on the Shanghai Stock Exchange (hereinafter, the “SSE”) in 2003, nearly 30 Taiwan-funded enterprises have been listed and raised capital in the mainland capital market.  In […]
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 28 日

Major Precautions after the Implementation of the Contract Part of the Civil Code (Mainland China)

Teresa Huang and Jolene Chen [1] The Civil Code was adopted by the Third Session of the Thirteenth National People’s Congress on May 28, 2020, and will go into effect on January 1, 2021, when the era of the Civil […]
2020 年 7 月 3 日

Introduction of Major Changes to the Commercial Matter Adjudication Law (Taiwan)

Teresa Huang and Jenny Chen[1] I. Introduction of major changes to the Commercial Matter Adjudication Law Since the occurrence of an incident involving commercial disputes has a significant impact on a company’s shareholders, creditors and the public investment market, the […]
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 9 日

Recognition and Enforcement of Taiwan Region Civil Judgments by Mainland China (Mainland China)

Teresa Huang and Di Wu[1] As economic and trade cooperation between the mainland China and the Taiwan region has increased, so has the probability of civil and commercial disputes.  Litigation remains one of the main options available to parties.  If […]
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 18 日

Precautions for the Implementation of the Labor Incident Act (Taiwan)

Teresa Huang and Sean Tsou [1] I. Summary of major changes reflected by the Labor Incident Act The Labor Incident Act, which is referred to as the most “palpable judicial reform” by the media and cleared through three legislative readings […]
2020 年 5 月 4 日

Focused Summary of the Taiwan Regulations on the Issuance and Trading of the Security Token and Regulatory Amendment Recommendations (Taiwan)

Teresa Huang and Elva Chuang[1] I. Focused summary of the regulations on the issuance and trading of security token offerings 1. The Financial Supervisory Commission (hereinafter, the “FSC”) of Taiwan officially incorporated security token offering (hereinafter, “STO”) into the regulatory […]
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 15 日

Adjustments to the Governance Structure of Sino-foreign Equity Joint Ventures to be noted after the Implementation of the Foreign Investment Law (Mainland China)

Teresa Huang and Joyce Wen[1] The year 2020 is a year of significant reform for foreign investors who have already invested or plan to invest in China.  The Foreign Investment Law of the People’s Republic of China (hereinafter, the “Foreign […]
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 4 月 1 日

Civil Decisions and Arbitration Awards Rendered in Mainland China – Status of Enforcement in Taiwan and Cautions (Taiwan)

Teresa Huang and Yuki Chiang[1] In view of the growing trade exchanges between both sides of the Taiwan Strait and the increasing importance in cross-strait civil litigation and arbitration award cases, not only the substantive law involved in the cases […]
2020 年 3 月 20 日

Notice for the Payment of Business Taxes and Issuance of Cloud Invoices by Offshore E-commerce Operators (Taiwan)

Teresa Huang and Jhen-Yi Chen[1] I. Regulatory objectives and legal basis 1. In view of the prosperous development of online trading, it is increasingly common and frequent for domestic buyers (i.e., consumers) of Taiwan to use the Internet to purchase […]
2020 年 3 月 1 日

Whether the Novel Coronavirus Outbreaks Can Serve as the Ground for Adjusting Contract Performance Obligations (Mainland China)

Teresa Huang and Jolene Chen[1] Facing the current grave challenges for controlling the novel coronavirus (“COVID-19”) outbreaks, different parties are in dire straits and the disputes so triggered are no longer avoidable.  Particularly for contracts which had been signed before […]
2020 年 3 月 1 日

Whether the Novel Coronavirus Outbreaks Can Serve as the Defense for Nonperformance of Contract (Taiwan)

Teresa Huang and Tiffany Hsiao[1] The novel coronavirus (“COVID-19”) outbreaks in Wuhan of China in December 2019 with ever increasing confirmed infection cases have created fears and anxieties among people all over the world.  Governments of various countries have successively […]
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 […]