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2021 年 12 月 1 日
Di Wu On October 28, 2021, the Standing Committee of the Shanghai Municipal People’s Congress announced that, pursuant to the basic principles of law and administrative regulations and the current state of the Pudong New Area, the 36th Session of […]
2021 年 12 月 1 日
Di Wu
An applied art of originality, artistry, practical applicability, and reproducibility, among which artistry and practical applicability can be separated from each other, may be determined as a work of applied art and protected by the Copyright Law as a work of fine arts. A work of applied art protected by the Copyright Law must be of artistry, and what the Copyright Law protects is the artistry of the work of applied art rather than its practical applicability
2021 年 12 月 1 日
Di Wu
1. When determining the defendant's obligation of forest ecological environment restoration, the people's court may refer to the expert opinions and the professional opinions issued by the forestry planning and design unit and the competent department of the nature reserve to clarify the specific requirements such as tree species, tree age, location, quantity, survival rate and completion time.
2. If the defendant voluntarily pays a deposit as a guarantee for the performance of the obligation of ecological environment restoration, the people's court may regard the situation as a circumstance of lighter sentencing.
2021 年 12 月 1 日
Teresa Huang and Eddie Shih
The Ministry of Economic Affairs (hereinafter, the "MOEA") proposed the draft amendments to the MOEA Regulations Governing the Ownership and Utilization of the Results of Scientific and Technological Research and Development by adding a dedicated chapter titled "Startups Derived from Research and Development Results" to achieve the objective of creating emerging industries.
2021 年 10 月 1 日
Angela Wu、Tina Lee On August 5th, 2021, the Executive Yuan approves the draft amendment to the Chapter of Relatives of the Civil Code. In order to protect those unable to earn a living due to divorce and fulfill the United […]
2021 年 10 月 1 日
Karl Zhang On June 10, 2021, the Standing Committee of the National People’s Congress adopted the Data Security Law of the People’s Republic of China (the “Data Security Law”), which will go into effect on September 1, 2021, with the […]
2021 年 10 月 1 日
Sean Liu and Yuki Chiang Are users entitled to refund after purchasing top-up tokens on streaming platforms？According to the latest opinion made by Taiwan High Court’s 109 Xiao-Shang-Zi No.26 (hereinafter referred to as the ‘Case’) on August 24, 2021, the […]
2021 年 9 月 1 日
Di Wu On May 14, 2021, in order to deepen the reform of the administrative litigation system, promote the bifurcation of complex and simple administrative cases, light and heavy cases and fast and slow cases, optimize the allocation of administrative […]
2021 年 8 月 1 日
Di Wu In order to build and realize the new development paradigm, promote high quality development and provide robust judicial services and protections, the Supreme People’s Court promulgated on April 22, 2021 the People’s Courts’ Judicial Protection Plan for Intellectual […]
2021 年 8 月 1 日
Di Wu On April 28, 2021, the Supreme People’s Court publicly released model bankruptcy cases as part of the resolute implementation of the Party Central Committee policy deployments, the role of judicial trials, practical and effective measures to promote fair […]
2021 年 7 月 1 日
Joyce Wen Seven departments, including the Cyberspace Administration of China, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the […]
2021 年 7 月 1 日
Di Wu In order to cause financial institutions to effectively fulfill their anti-money laundering and anti-terrorist financing obligations and regulate the supervision and administration of anti-money laundering and anti-terrorist financing, the People’s Bank of China formulated the Measures for the […]
2021 年 7 月 1 日
Karl Zhang On April 12, 2021, the General Administration of Customs executive meeting deliberated and announced the Measures of the People’s Republic of China for the Safety Administration of Imported and Exported Food (the “Measures”), which will go into effect […]
2021 年 6 月 1 日
Di Wu In order to effectively protect the right of a party to apply for retrial and thoroughly and effectively resolve administrative disputes, as well as leverage the administrative trial practice of the people’s courts, the Supreme People’s Court formulated […]
2021 年 6 月 1 日
Joyce Wen The State Administration for Market Regulation promulgated the Measures for the Supervision and Administration of Online Transactions (the “Measures”) on March 15, 2021 to refine certain provisions of the Electronic Commerce Law of the People’s Republic of China […]
2021 年 6 月 1 日
Karl Zhang On February 9, 2021, the State Council promulgated the amended Regulations on the Supervision and Administration of Medical Devices (the “Regulations”), which will go into effect on June 1, 2021. The Regulations are highlighted as follows: 1. Categorized […]
2021 年 5 月 17 日
Wu Di To enable Chinese and foreign parties to enjoy the same convenient and efficient docketing services, the Supreme People’s Court formulated the Provisions on Online Docketing Services for Parties to Cross-border Litigation (the “Provisions”) on February 3, 2021 in […]
2021 年 5 月 17 日
Karl Zhang On January 24, 2021, the State Council promulgated the Regulations on the Administration of Pollution Discharge Permits (“the Regulations”), which came into force on March 1, 2021 with the following highlights. 1. General provisions An enterprise, business organization […]
2021 年 3 月 1 日
Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-522 Decision on October 29, 2020 (the “Decision”), in which it held that a chemicals company that discharges wastewater to a surface receiving water body is required to meet the effluent discharge […]
2021 年 2 月 1 日
Di Wu In order to effectively strengthen copyright protection in literature, arts and science, and to give full effect to the role of copyright cases in the regulation, guidance, promotion and protection of cultural development, the Supreme People’s Court issued […]
2021 年 2 月 1 日
Joyce Wen On December 8, 2020, the Supreme People’s Court issued its Interpretation on Issues Concerning the Application of Law in Food Safety Civil Disputes (I) (the “Interpretation”). The Interpretation contains 14 articles and addresses the determination of the entities […]
2021 年 2 月 1 日
Ankwei Chen On September 29, 2020, the Supreme Court rendered the 108-Tai-Shang-2362 Decision of September 29, 2020 (the “Decision”), in which it held that an insured can still enter into a health insurance contract while sick or pregnant, and while […]
2021 年 2 月 1 日
Elva Chuang The Taichung Branch of the Taiwan High Court rendered the 109-Shang-Su-1298 Decision (hereinafter, the “Decision”), holding that pursuant to Article 22, Paragraph 2 of the Pharmaceutical Affairs Law, a prohibited drug must be a drug stipulated under the […]
2021 年 1 月 1 日
Elva Chuang There is no unanimous opinion among practitioners and scholars as to whether the policy value reserve under the in-force life insurance contract of the policyholder can be the subject of compulsory enforcement when the creditor seeks compulsory enforcement […]
2021 年 1 月 1 日
Jolene Chen On October 17, 2020, the Standing Committee of the National People’s Congress promulgated the Decision of the Standing Committee of the National People’s Congress on Amending the Election Law of the People’s Republic of China for the National […]
2021 年 1 月 1 日
Joyce Wen On November 5, 2020, the State Administration for Market Supervision issued the Guiding Opinions on Strengthening the Regulation of Marketing Activities in Online Streams (the “Opinions”). The Opinions aim to strengthen the regulation over marketing activities in online […]
2021 年 1 月 1 日
Karl Zhang On October 17, 2020, the Standing Committee of the 13th National People’s Congress adopted the Export Control Law of the People’s Republic of China (the “Export Control Law”), which came into effect on December 1, 2020. The main […]
2020 年 12 月 1 日
Sally Yang The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 794 of August 28, 2020 (hereinafter, the “Interpretation”), holding that the provision of Article 9, Subparagraph 8 of the Tobacco Hazards Prevention Law (hereinafter, the “Law”) does […]
2020 年 12 月 1 日
Nora Shih The Supreme Court rendered the 109-Tai-Shang-450 Decision of May 6, 2020 (hereinafter, the “Decision”), holding that since an insurer has no right to claim premium payment from an interested party, it certainly has no obligation to deliver a […]
2020 年 12 月 1 日
Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-363 Decision on July 9, 2020 (the “Decision”), in which it was held that since an environmental impact assessment does not restrict or deprive people’s rights, it is not necessary to provide […]