Law News - Lee, Tsai & Partners

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

A person who has travelled to and from the country multiple times cannot claim ignorance on failing to declare excess foreign currency upon exit (Taiwan)

Ankwei Chen The Taipei High Administrative Court rendered the 108-Su-Zi-1227 Decision on December 11, 2019, in which it held that a person who travelled frequently has no legitimate reason to plead ignorance of the requirement that excess foreign currency must […]

2020 年 7 月 1 日

The contents of a disposition that demands rectification within a stated period should be clear in order to serve as the basis of continuous penalties (Taiwan)

Sean Tsou The Supreme Administrative Court rendered the 109-Pan-24 Decision of January 20, 2020 (hereinafter, the “Decision”), holding that if a competent authority renders an administrative disposition that demands rectification within a stated period, the contents of the disposition should […]

2020 年 7 月 1 日

The obvious incomparability with the principal under the Banking Law includes the situation that the agreement obviously exceeds the normal fixed deposit rate quoted by a typical bank (Taiwan)

Elva Chuang According to the facts underlying the 108-Tai-Shang-3339 Decision of March 11, 2020 (hereinafter, the “Decision”) rendered by the Supreme Court, the Defendants obviously were aware that N Online Bank in the United Kingdom (hereinafter, “N”) was not a […]

2020 年 7 月 1 日

The Civil Code, the Company Law, the company’s Articles of Incorporation, and the contract should be considered for the qualifications of a manager who has committed the offense of special breach of trust under Securities and Exchange Law. (Taiwan)

Nora Shih The Supreme Court rendered the 108-Tai-Shang-778 Decision of January 16, 2020 (hereinafter, the “Decision”), since the Securities and Exchange Law does not expressly provide for the qualifications of a manager who has committed the offense of special breach […]

2020 年 7 月 1 日

Opinions of the Supreme People’s Court on the Comprehensive Strengthening of Judicial Protection of Intellectual Property Rights (Mainland China)

Di Wu Strengthening the protection of intellectual property rights is the most important element of improving the property rights protection system and is also the greatest driver to enhance the competitiveness of our economy. The Supreme People’s Court thus issued […]

2020 年 7 月 1 日

When an insurance beneficiary asserts that the insured died of suicide by medication use, insurance payment cannot be claimed without substantive evidence.(Taiwan)

Debby Yu The Tainan Branch of the Taiwan High Court rendered the 108-Bao-Xian-Shang-yi-4 Decision of February 13, 2020 (hereinafter, the “Decision”), holding that when an insurance beneficiary asserts that the insured died as a result of suicidal behavior due to […]

2020 年 7 月 1 日

Reply of the State Council on the Approval to Setup Cross-Border E-Commerce Comprehensive Pilot Zones in 46 Cities Including Xiongan New District (Mainland China)

Joyce Wen On April 27, 2020, the State Council issued its Reply on the Approval to Setup Cross-Border E-Commerce Comprehensive Pilot Zones in 46 Cities Including Xiongan New District (the “Reply”). Building off the 59 established cross-border e-commerce comprehensive pilot […]

2020 年 7 月 1 日

The profit-seeking enterprise could not assert that it was eligible for the tax exemption right under the Statute for Upgrading Industries unless it has obtained an approval.(Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 109-Pan-77 Decision of February 13, 2020 (hereinafter, the “Decision”), holding that a tax agency reviews the compliance of a tax-free income filed by a profit-seeking enterprise based on the precondition of whether […]

2020 年 7 月 1 日

Law on the Prevention and Control of Solid Waste Environmental Pollution (Mainland China)

Karl Zhang On 29 April 2020, the 17th Session of the Standing Committee of the 13th National People’s Congress deliberated and adopted the Law on the Prevention and Control of Solid Waste Environmental Pollution, which will enter into effect on […]

2020 年 7 月 1 日

Court findings in an original trial are binding for all parties involved and a later trial on the matter should base its decisions on previous findings. (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 109-Pan-89 Decision of February 21, 2020 (hereinafter, the “Decision”), holding that if a cancellation suit is dismissed by a final substantive court decision which finds the disposition sought to be cancelled is […]

2020 年 7 月 1 日

Whether or not the right of confrontation with a witness is exercised is irrelevant to the evidentiary admissibility and weight of the statements given by the witness during police interrogation, investigation and trial (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-653 Decision of February 20, 2020 (hereinafter, the “Decision”), holding that when the right of confrontation with a witness is exercised with the use of witnesses as the evidentiary method, whether or not […]

2020 年 7 月 1 日

If the important points of the formal agreement have been agreed and the contents can be surmised, it could constitute a valid preliminary agreement (Taiwan)

Emily Chueh The Supreme Court rendered the 108-Tai-Shang-1006 Decision of January 22, 2020 (hereinafter, the “Decision”), holding that if the parties have agreed on the important points of the formal agreement, if the contents of the mutual agreement between the […]

2020 年 7 月 1 日

The precondition for applying Article 14 of the Witness Protection Law─ the necessity to change a criminal perpetrator to a state witness (Taiwan)

Jhen-Yi Chen The Taiwan High Court rendered the 108-Shang-Su-3911 Decision of January 15, 2020 (hereinafter, the “Decision”), holding the precondition for applying Article 14 of the Witness Protection Law is the prior consent of the prosecutor, who will consider if […]

2020 年 7 月 1 日

Cases on National Courts Protecting the Resumption of Work during the Epidemic Period (Third Batch) (Mainland China)

Jolene Chen In addition to cases that are similar to those the previous two batches concerning enforcement against enterprises over pandemic prevention and control materials, the 13 cases in this third batch also contain examples of enterprises not in 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 7 月 1 日

The creativity of photographic works should not be determined by whether a photographer has made the adjustments of traditional photography techniques to the works. (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Zhuan-Su-103 Decision of December 30, 2019 (hereinafter, the “Decision”), holding that since mobile phones have different shooting modes, the creativity of photographic works should not be determined by whether a photographer has […]

2020 年 7 月 1 日

Guiding Opinions on Properly Conducting Civil Trials Involving the Novel Coronavirus Pandemic (I) (Mainland China)

Joyce Wen On April 16, 2020, the Supreme People’s Court issued the Guiding Opinions on Properly Conducting Civil Trials Involving the Novel Coronavirus Pandemic (I) (hereinafter, the “Opinions”), which aim to provide reference standards for the people’s courts in properly […]

2020 年 7 月 1 日

If an employer makes the leave application for menstrual leave extremely difficult, it is still deemed an unfavorable measure under the Taiwan Law (Taiwan)

Alex Liao The Supreme Administrative Court rendered the 109-Pan-114 Decision of March 5, 2020 (hereinafter, the “Decision”), holding that if an employer makes the leave application formalities for menstrual leave extremely difficulty by probing into privacy to an extent that […]

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

In case an actor distributes a stock via false information, even if such actor does not sell the stock to a victim personally, the fact of a joint fraud is still constituted (Taiwan)

Nora Shih The Taichung Branch of the Taiwan High Court rendered the 108-Su-Yi-68 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that in case an actor distributes a stock via false information, even if such actor does not sell […]

2020 年 6 月 1 日

If the night shift snack allowance is a regular payment for workers under normal circumstances and is also recurrent in the system, it should be part of the wages (Taiwan)

Tiffany Hsiao The Kaohsiung Branch of the Taiwan High Court handed down the 108-Lao-Shang-Yi-98 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if the night shift snack allowance is a regular payment for workers under normal circumstances and […]

2020 年 6 月 1 日

If a landowner’s right to property is constrained in order to fulfill specific public interest objectives, the constraint of the right is valid only when the constraint is properly exercised to fulfill the objectives; and if it goes beyond specific common use purposes or is not properly exercised, a request may be lodged to claim exclusion or compensation (Taiwan)

Emily Chueh The Tainan Branch of the Taiwan High Court handed down the 108-Shang-Guo-Gent-Two-1 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if a landowner’s right to property is constrained in order to fulfill specific public interest objectives, […]

2020 年 6 月 1 日

If an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes in the situation afterwards or any unexpected circumstances, since it is difficult to regard them as the same act according to general social construct, such acts shall be punished separately (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-3336 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that if an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes […]

2020 年 6 月 1 日

In case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original disposition, if the Grand Justices have rendered an interpretation upholding the constitutionality, it should be deemed that the law relied on for rendering the original disposition is not unconstitutional and the Plaintiff’s complaint is obviously groundless (Taiwan)

Frank Sun The Taiwan High Administrative Court rendered the 108-Su-1160 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that in case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original […]

2020 年 6 月 1 日

The Code of Criminal Procedure does not limit the types of corroboration. Direct evidence, indirect evidence or indirect facts per se (i.e. circumstantial evidence) may all serve as materials to corroborative evidence (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-Zi-3668 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that the Code of Criminal Procedure does not limit the types of corroboration. Direct evidence, indirect evidence or indirect facts per se (i.e. […]

2020 年 6 月 1 日

If an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes in the situation afterwards or any unexpected circumstances, since it is difficult to regard them as the same act according to general social construct, such acts shall be punished separately (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-3336 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that if an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes […]

2020 年 6 月 1 日

The grant of implied authority of agency still requires certain connections between the act of the expresser or other indirect facts and the matters for which the authority of agency is granted (Taiwan)

Jhen-Yi Chen The Supreme Court rendered the 107-Tai-Shang-2411 Decision of November 28, 2019 (hereinafter, the “Decision”), holding that the grant of implied authority of agency still requires certain connections between the act of the expresser or other indirect facts and […]

2020 年 6 月 1 日

Whether the requirement for “identical invention” under Article 28 of the Patent Law is met should be determined based on whether the invention set forth in the patent application claims is disclosed in the specification, patent application claims or drawings of the counterpart serving as the basis for claiming the right of priority (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 108-Pan-518 Decision of November 13, 2019 (hereinafter, the “Decision”), holding that whether the requirement for “identical invention” under Article 28 of the Patent Law is met should be determined based on whether […]

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 […]