2021 年 10 月 14 日

Trends in Judicial Decisions regarding Labor Disputes that involve Overtime Salary (Mainland China)

Jolene Chen and Teresa Huang[1] The Ministry of Human Resources and Social Security and Supreme People’s Court issued on June 30th, 2021, the “Typical Cases of Labor and Personnel Disputes,” announcing several judicial decisions regarding labor disputes that involve overtime […]
2021 年 10 月 4 日

Feature Articles on China’s Personal Information Protection Law (1) – Personal Information Protection Law Summary (Mainland China)

Karl Zhang and Teresa Huang[1] On August 20, 2021, the Standing Committee of the National People’s Congress passed the “Personal Information Protection Law (PIPL),” which will come into effect on November 1, 2021.  Its main contents are as follow: 1. […]
2021 年 10 月 1 日

【Firm News】We are delighted to be a contributing firm to the International Arbitration 2021 Guide with Chambers Global Practice Guides. Our commentary on the International Arbitration sector in Taiwan provides expert insights on the current laws and regulations, the trends and developments, cross-jurisdictional issues and more. Read our chapter for more expert commentary on the legal issues around International Arbitration.

Aaron Chen and Jaime Cheng International Arbitration 2021
2021 年 9 月 22 日

Guidelines for the new Medical Devices Act (Taiwan)

Teresa Huang and Oli Wong[1] Medical devices are governed previously under the Pharmaceutical Affairs Act. On December 13, 2019, the Legislative Yuan adopted the “Medical Devices Act” (the “Act”) through the third-readings procedure, separating the governance of such medical devices […]
2021 年 9 月 1 日

Epidemic Labor Breaking News: Employers cannot impose vaccination or screening mandate on employees (Taiwan)

Elizabeth Pai and Yuki Chiang Lately, the vaccination rate and vaccine supply continued to rise in our country. Many employers who wish to continue their operations and ameliorate the epidemic’s economic impact hope that their employees could get vaccinated or […]
2021 年 9 月 1 日

Introduction to the Draft Amendment to the Regulations for Medicine Safety Monitoring (Taiwan)

Jane Tsai and Eddie Shih I. Summary of the Draft Amendments Taiwan’s Central Competent Health Authority Ministry of Health and Welfare (hereinafter, the “MOHW”) pre-announced on August 3rd, 2021 a draft amendment to the Regulations for Medicine Safety Monitoring (hereinafter, […]
2021 年 9 月 1 日

The Fair Trade Commission Does Not Prohibit the 3.5 GHz Frequency and Network Sharing Between Far EasTone and Asia Pacific but Impose Conditions for the Merger (Taiwan)

Aaron Chen and Sally Yang The Fair Trade Commission (hereinafter “FTC”) decided in their 1555th meeting resolution on August 4th, 2021 not to prohibit the merger between Far EasTone Telecommunications Co., Ltd. (hereinafter “FET”) and Asia Pacific Telecommunications Co., Ltd […]
2021 年 9 月 1 日

Introduction of the Draft Amendments to the Copyright Act (Taiwan)

Jane Tsai and Jiselle Ong To accommodate the rapid development of digital technologies and the Internet, the Executive Yuan adopted the draft Partial Amendments to the Copyright Act on April 8, 2021 and submitted them to the Legislative Yuan on […]
2021 年 9 月 1 日

Criterion for judging Enterprise Personnel Data’s “Economic Value” (Taiwan)

Pei-Ching Ji and Albert Yen One of the prerequisites for enterprise personnel data to constitute trade secrets is that they must have actual or potential economic value. In practice, however, there have been many court decisions in the past that […]
2021 年 9 月 1 日

Circumstances permitted by the competent authority for exemption from the prohibition of over-the-counter listed securities transactions under the Securities Exchange Act (Taiwan)

Nora Shih Article 150 of the Securities Exchange Act (the “SEA”) stipulates that the listed securities must be traded in the centralized securities trading market established by the stock exchange. Thus, this regulation prohibits over-the-counter listed securities transactions. However, Article […]
2021 年 9 月 1 日

Financial Supervisory Commission’s interpretation regarding short-swing trading under the Securities and Exchange Act (Taiwan)

Aaron Chen and Tina Lee I. Article 157, Paragraph 1 of the Securities and Exchange Act prohibits short-swing trading, which stipulates that “In the event that any director, supervisor, managerial officer, or shareholder holding more than ten percent of the […]
2021 年 9 月 1 日

Examples of Monitored Transactions under Article 12, Paragraph 1, Subparagraph 2 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing for Enterprise Handling Virtual Currency Platform and Transaction” (Taiwan)

Teresa Huang and Jack Hsieh On July 27, 2021, The Financial Supervisory Commission (“FSC”) promulgated the examples (as the table below) of monitored transactions under Article 12, Paragraph 1, Subparagraph 2 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing […]
2021 年 9 月 1 日

Opinions of the Supreme People’s Court on Promoting the Reform to Separate Complex and Simple Administrative Litigation Procedures (Mainland China)

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 9 月 1 日

Seven Model Cases on Full Exercise of Judicial Power by the People’s Court in Protecting Property Rights and Interests of Businesses (Third batch) (Mainland China)

Jolene Chen On May 19, 2021, the Supreme People’s Court released the third batch of model cases where the people’s court fully exercised its judicial power to protect property rights and the interests of entrepreneurs.  In particular, the cases pertain […]
2021 年 9 月 1 日

Provisions of the Supreme People’s Court on Issues Regarding the Adjudication of Bank Card Civil Disputes – Liability and Compensation Relating to Fraudulent Bank Card Transactions (Mainland China)

Joyce Wen On May 24, 2021, the Supreme People’s Court promulgated the Provisions on Issues Regarding the Adjudication of Bank Card Civil Disputes (the “Provisions”).  Consisting of 16 articles in total, the Provisions primarily regulate civil disputes between cardholders and […]
2021 年 9 月 1 日

New Regulation Summary: foreign companies’ Taiwan office may be directly converted to a branch office (Taiwan)

Angela Wu[1] 1. Summary of new regulation Generally, the entities of foreign companies investing in Taiwan can be categorized into subsidiaries, branches, and representative offices according to the scope of their intending business operation. Each category has its corresponding registration […]
2021 年 9 月 1 日

Interim Measures for the Administration of Wealth Management Product Sales of Wealth Management Companies (Mainland China)

Karl Zhang On May 11, 2021, the China Banking and Insurance Regulatory Commission (the “CBIRC”) announced the Interim Measures for the Administration of Wealth Management Product Sales of Wealth Management Companies (the “Measures”), which went into effect on June 27, […]
2021 年 9 月 1 日

Environmental Protection Administration’s draft amendment on “Emergency Prevention Measures for Serious Air Quality Deterioration” (Taiwan)

Luke Hung, Sally Yang On June 29, 2021, The Environmental Protection Administration of Executive Yuan announced its plan to amend the draft on “Emergency Prevention Measures for Serious Air Quality Deterioration,” renaming it to “Warning Issuance on Serious Air Quality […]
2021 年 9 月 1 日

Amendments on “Act for the Recruitment and Employment of Foreign Professionals” relaxes relevant restrictions to provide more favorable social securities (Taiwan)

Elizabeth Pai and Hannah Kuo The draft amendment to “Act for the Recruitment and Employment of Foreign Professionals” was approved by the Legislative Yuan on June 18, 2021, and was promulgated by the Presidential Decree on July 7 (Implementation date […]
2021 年 8 月 1 日

The People’s Courts’ Judicial Protection Plan for Intellectual Property Rights (2021-2025) (Mainland China)

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

Model Bankruptcy Cases Released by the Supreme People’s Court (Mainland China)

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 8 月 1 日

Amendments to the Relevant Regulations for Unpaid Parental Leave by the Ministry of Labor (Taiwan)

Elizabeth Pai and Hannah Kuo The Ministry of Labor amended the Regulations for Implementing Unpaid Parental Leave on June 4, 2021 and additionally formulated the Guidelines for Salary Subsidies for Unpaid Parental Leave to ease the requirements for the duration […]
2021 年 8 月 1 日

Opinion of the Supreme People’s Court on Developing the Pilot for Recognition of and Assistance in Bankruptcy Proceedings in the Hong Kong Special Administrative Region (Mainland China)

Joyce Wen On May 11, 2021, the Supreme People’s Court issued the Opinion on Developing the Pilot for Recognition of and Assistance in Bankruptcy Proceedings in the Hong Kong Special Administrative Region (the “Pilot Opinion”).  The Pilot Opinion designated the […]
2021 年 8 月 1 日

Reference Guidelines on Occupational Safety and Health for Work From Home Formulated by the Ministry of Labor (Taiwan)

Elizabeth Pai and Hannah Kuo To accommodate the work-from-home approach adopted by enterprises during the outbreak of the COVID pandemic, the Ministry of Labor released on June 23, 2021 the Reference Guidelines on Occupational Safety and Health for Work From […]
2021 年 8 月 1 日

Released by the Supreme People’s Procuratorate of 12 Model Cases in 2020 Involving IPR Protection by Procuratorial Organs (Mainland China)

Jolene Chen On April 25, 2021, the Supreme People’s Procuratorate released 12 model cases involving the protection of intellectual property rights (IPR) by procuratorial organs in 2020.  These cases show how IPR protection is strengthened to effectively safeguard the rights […]
2021 年 8 月 1 日

The FTC plans to set up a task force to conduct an industry investigation of digital platforms (Taiwan)

Aaron Chen and Sally Yang The Fair Trade Commission (hereinafter, the “FTC”) adopted a resolution during the Commissioners’ Meeting on June 30, 2021 to set up a task force to conduct a comprehensive industry investigation of digital platforms, which will […]
2021 年 8 月 1 日

Release of Flexible Adjustment Measures for Authority-in-Charge of PPP Cases by the MOF to Accommodate Epidemics (Taiwan)

Luke Hung and Sally Yang To reduce the risks of infection and assist private institutions that have participated in Promotion of Private Participation cases (hereinafter, the “PPP Cases”)to overcome the difficulties, the Ministry of Finance issued the Tai-Cai-Cu-1025513690 Circular of […]
2021 年 8 月 1 日

Three associations jointly issued the Announcement on Preventing Cryptocurrency Speculation Risk, and the crackdown on bitcoin mining and trading practices from the Financial Stability and Development Committee (Mainland China)

Karl Zhang On May 18, 2021, the National Internet Finance Association of China, the China Banking Association and the Payment and Clearing Association of China issued the Announcement on Preventing Cryptocurrency Speculation Risk to announce the following: 1. The nature […]
2021 年 8 月 1 日

Introduction of the Draft Amendments to the Patent Law – Review and Dispute Litigation (Taiwan)

Eddie Shih[1] and Jane Tsai[2] I. Summary of the Draft Amendments to the Patent Law 1. Expiration of the pre-announcement period of the second version of the draft, which is the largest scale of partial amendments in recent years, on […]
2021 年 8 月 1 日

Partial Amendments to the Code of Criminal Procedure via Presidential Directive (Taiwan)

Angela Wu and Tina Lee The President promulgated, via the President-Hua-Zhong-One-Yi-11000055351 Directive of June 16, 2021, Articles 234, 239, and 348 of the Code of Criminal Procedure as amended, which came into effect on the day of their promulgation.  The […]