Law News - Lee, Tsai & Partners

2019 年 12 月 31 日

In case potential facts are not explored by the first instance court, if the second instance court believes that there are potential facts in the case, the effect of appeal should extend to such potential facts (Taiwan)

Frank Sun The Supreme Court rendered the 107-Tai-Shang-1840 Decision of May 15, 2019 (hereinafter, the “Decision”), holding that in case of potential facts not explored by the first instance court, if the second instance court believes that the case has […]

2019 年 12 月 31 日

Evidence for determining criminal facts means affirmative evidence sufficient to prove the an actor has indeed committed a crime (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-1904-Zi Decision of July 25, 2019 (hereinafter, the “Decision”), holding that the evidence used to determine criminal facts under the Code of Criminal Procedure refers to affirmative evidence sufficient to prove that an […]

2019 年 12 月 31 日

Whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights holder and the losses sustained by others and the country and society are considered (Taiwan)

Jhen-Yi Chen The Supreme Court rendered the 107-Tai-Shang-2136 Decision of June 5, 2019 (hereinafter, the “Decision”), holding that whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights […]

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 12 月 31 日

If an invention can be easily achieved by person having ordinary skills in the art, an invention patent shall not be granted (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 108-Pan-420 Decision of August 23, 2019 (hereinafter, the “Decision”), holding that although an invention is not subject to any of the circumstances in Article 22, Paragraph 1 of the Patent Law, still […]

2019 年 12 月 31 日

The corporate bond holders’ exercise of the conversion right is still subject to the restrictions on the conversion terms under the conversion rules (Taiwan)

Sean Tsou The Supreme Court rendered the 108-Tai-Shang-640 Decision of June 12, 2019 (hereinafter, the “Decision”), holding that the exercise of the conversion right by corporate bond holders is still subject to the restrictions on the conversion right under the […]

2019 年 12 月 31 日

Job openings targeting young women are tantamount to providing direct or indirect unfavorable treatment to job seekers in terms of gender and age (Taiwan)

Alex Liao The Kaohsiung High Administrative Court rendered the 108-Su-56 Decision of June 13, 2019 (hereinafter, the “Decision”), holding that the nature of work for which recruitment is conducted has no connection with gender and age. However, if the job […]

2019 年 12 月 31 日

If a company endorse a negotiable instrument with an intent to provide an implied guarantee, even though the holder of the negotiable instrument is obviously aware of this, the company should still be liable based on the literal meaning of the negotiable instrument (Taiwan)

Tiffany Hsiao The Taiwan High Court issued the 108-Zai-9 Decision of May 14, 2019 (hereinafter, the “Decision”), holding that in case a company endorses a negotiable instrument with an intent to provide an implied guarantee, if the holder of the […]

2019 年 12 月 31 日

If applicants are not negligent in the exercise of their rights when failing to exercise the termination right, it is not appropriate for the court to carry out the termination on their behalf (Taiwan)

Debby Yu The Kaohsiung Branch of the Taiwan High Court rendered the 108-Shang-Yi-Zi-203 Decision of September 25, 2019 (hereinafter, the “Decision”), holding that a life insurance contract often involves the rights and interests of the insured and the beneficiaries. If […]

2019 年 12 月 31 日

Amendments to the Rules for the Restoration and Reuse of Historic Sites (Taiwan)

Fang-Wei Lin The Ministry of Culture amended “the Rules for the Restoration and Reuse of Historic Sites” (“the Rules”) on September 12, 2019. The major objectives of the amendments are to increase the participation of architects, technicians and job site […]

2019 年 12 月 31 日

In an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on and grounds for the administrative agency’s disposition to determine if there is any abuse of power (Taiwan)

Emily Chueh The Taipei High Administrative Court rendered the 107-Su-709 Decision of August 15, 2019 (hereinafter, the “Decision”), holding that in an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on […]

2019 年 12 月 31 日

For penalties pursuant to an order to timely rectify under Article 51, Paragraph 2 of the Waste Disposal Law, they may not be imposed until the administrative decision has been served on the party (Taiwan)

Anwkei Chen The Supreme Administrative Court rendered the 108-Pan-Zi280 Decision on June 6, 2019 (the “Decision”)in which it held that penalties pursuant to an order to timely rectify under Article 51, Paragraph 2 of the Waste Disposal Law may not […]

2019 年 12 月 31 日

If a company elects to decide the salaries and compensation of the directors, supervisors and managerial officers without individual assessment by the compensation committee in violation of Article 14-6 of the Securities and Exchange Law, this merely gives rise to the issue of whether the competent authority may impose any administrative sanction upon such company, and it does not force such decision to be invalid (Taiwan)

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-538 Decision of May 23, 2019 (hereinafter, the “Decision”), holding that if a company elects to decide the salaries and compensation of the directors, supervisors and managerial officers without individual assessment by the […]

2019 年 11 月 30 日

5G licensing will still be conducted by two-stage competitive bidding with the Regulations Governing Mobile Broadband Business amended (Taiwan)

Frank Sun The National Communications Commission (hereinafter, the “NCC”) amended the Regulations Governing the Mobile Broadband Business on September 6, 2019. In particular, bidding-based 5G licensing will still be conducted by two-stage competitive bidding. Meanwhile, telecommunications operators applying for 5G […]

2019 年 11 月 30 日

The management mechanisms for the visit of civil servants to mainland China are enhanced by amending the Statute for Relations between the People of the Taiwan Area and the Mainland Area (Taiwan)

Fang-Wei Lin The Legislative Yuan adopted the amendments to the Statute for Relations between the People of the Taiwan Area and the Mainland Area (hereinafter as “the Statute”) by three readings on July 3, 2019 to further create an accommodating […]

2019 年 11 月 30 日

Even if an employee’s participation in an illegal act at the instruction of his/her employer results in an impairment to the company’s rights and interests, it is still difficult to conclude there is any reason attributable to the employee (Taiwan)

Teresa Huang The Taiwan High Court rendered the 107-Lao-Shang-6 Decision of May 7, 2019 (hereinafter, the “Decision”), holding that even if the employer instructs an employee to participate in an illegal act based on a profit-oriented business decision to the […]

2019 年 11 月 30 日

If a national compensation claimant may obtain property rights from other people to compensate the damage suffered during the performance of public duty by a civil servant, such property rights which may be obtained for the sake of compensation should be deducted to calculate the actual damage so sustained (Taiwan)

Nora Shih The Supreme Court rendered the 107-Tai-Shang-2302 Decision of May 15, 2019 (hereinafter, the “Decision”), holding that if a national compensation claimant may obtain property rights from other people to compensate the damage suffered during the performance of public […]

2019 年 11 月 30 日

An insurance company is not bound by a contract that was signed under the name of another; the party therefore cannot terminate by alleging his/her status as the actual applicant (Taiwan)

Ankwei Chen The Taiwan High Court rendered the 108-Bao-Xian-Shang-3 Decision on August 21, 2019 (the “Decision”), in which it held that even if a party purchased insurance under the name of the insured, under the corresponding obligation principle, the contract […]

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 11 月 30 日

If the acts of tort engaged by a perpetrator are continuous to the extent that the consequences of victimization are continuous and mutually independent and distinguishable, the beginning of the period of extinctive prescription shall be separately determined based on the victim’s knowledge (Taiwan)

Jhen-Yi Chen The Supreme Court rendered the 108-Tai-Shang-778 Decision of August 7, 2019 (hereinafter, the “Decision”), holding that if the acts of tort engaged by a perpetrator are continuous to the extent that the consequences of victimization are continuous and […]

2019 年 11 月 30 日

Since advertisements per se do not essentially cause environmental pollution, in case the person who sets up an illegal advertisement cannot be substantiated, if the competent authority for the advertisement elects to notify a telecommunications enterprise to stop the telecommunications service for the telephone number indicated in the advertisement, this practice is hardly appropriate under the law (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 108-Pan-Zi-403 Decision of August 16, 2019 (hereinafter, the “Decision”), holding that since advertisements per se do not essentially cause environmental pollution, in case the person who sets up an illegal advertisement cannot […]

2019 年 11 月 30 日

The nature of industrial and commercial secrets and trade secrets is not exactly the same (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Xing-Zhi-Shang-Yi-10 Decision of May 2, 2019 (hereinafter, the “Decision”), holding that since the nature of industrial and commercial secrets and trade secrets is not exactly the same, the definition of trade secrets […]

2019 年 11 月 30 日

Circular on Further Protection of Minors from Electronic Cigarettes (Mainland China)

Joyce Wen The National Tobacco Monopoly Administration and the State Administration for Market Regulation issued the Circular on Further Protection of Minors from Electronic Cigarettes (the “Circular”) on October 30, 2019. The Circular seeks to reaffirm the main contents of […]

2019 年 11 月 30 日

After the applicant is changed, the entitlement to the policy value reserve is obtained by the applicant as changed as part of the original applicant’s assignment or disposal of his/her property. If the creditor’s claim over the original applicant is undermined as a result, the creditor may file suit to cancel the change (Taiwan)

Sean Liu The Kaohsiung Branch of the Taiwan High Court rendered the 108-Shang-146 Decision of August 21, 2019 (hereinafter, the “Decision”), holding that after the applicant is changed, the entitlement to the policy value reserve is obtained by the applicant […]

2019 年 11 月 30 日

Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on the Application of Law in Handling Illegal Use of Information Networks or Aiding Criminal Activities Relating to Information Networks (Mainland China)

Di Wu To penalize refusal to perform the obligation to securely manage information networks, the illegal use of information networks or aiding criminal activities relating to information networks and to maintain normal network order, the Supreme People’s Court and the […]

2019 年 11 月 30 日

Compensation in the form of solatium should be preconditioned by emotional pain caused by moral right violation, and the parties’ identity, financial strengths and the extent of victimization should be considered in awarding the amount of compensation (Taiwan)

Emily Chueh The Taichung branch of the Taiwan High Court rendered the 108-Su-Yi-20 Decision of May 15, 2019 (hereinafter, the “Decision”), holding that compensation in the form of solatium should be preconditioned by emotional pain caused by moral right violation, […]

2019 年 11 月 30 日

If the preferential offerings stressed in an enterprise’s advertisements are sufficient to cause misperceptions, even though the consumers subsequently understand the complete information, this is still sufficient to conclude that false advertising is conducted to the extent of undermining market trading order (Taiwan)

Alex Liao The Supreme Administrative Court rendered the 108-Pan-232 Decision of May 10, 2019 (hereinafter, the “Decision”), holding that if the preferential offerings stressed in an enterprise’s advertisements are sufficient to cause misperceptions, even though the consumers are subsequently provided […]

2019 年 11 月 30 日

Article 125, Paragraph 3 of the Banking Law penalizes the de facto legal representative of a juristic person who has engaged in the actual act and is not limited to the legal representative or managerial officers indicated in the company registration data (Taiwan)

Elva Chuang The Supreme Court rendered the 107-Tai-Shang-3554 Decision of April 11, 2019 (hereinafter, the “Decision”). According to the facts underlying this Decision, the Appellant (or the Defendant) was the chairman and de facto legal representative of the company that […]

2019 年 11 月 30 日

With respect to the operation of the securities business, it is not appropriate to conclude that there is an act of securities trading operation merely based on the actor’s single resale of shares to specific persons (Taiwan)

Tiffany Hsiao The Taiwan High Court rendered the 107-Jin-Shang-Yi-8 Decision of August 22, 2019 (hereinafter, the “Decision”), holding that the operation of the securities business requires the actor to schedule and repetitively carry out the same type of business with […]

2019 年 11 月 30 日

Circular on Urging Fugitives Involved in Gang-related Crimes to Surrender Themselves to Justice (Mainland China)

Joyce Wen The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the Circular on Urging Fugitives Involved in Gang-related Crimes to Surrender Themselves to Justice (the “Circular”) on November 4, […]