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 11 月 1 日

When a court sets the amount of damages for copyright infringement, a decision against the defendant should be rendered within the scope of the compensation admitted by the defendant (Taiwan)

Yuki Chiang The Intellectual Property Court rendered the 109-Min-Su-48 Decision of June 30, 2020 (hereinafter, the “Decision”), holding that when a court sets the amount of damages based on the circumstance of the infringement, if the defendant admits to the […]
2020 年 11 月 1 日

A possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact of possession with an intent to exercise the ownership (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-373 Decision of July 9, 2020 (hereinafter, the “Decision”), holding that a possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact […]
2020 年 11 月 1 日

Guiding Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on the Lawful Application of the Self-defense System (Mainland China)

Di Wu For the proper application of the self-defense system to protect the people’s right to self-defense, encourage selfless assistance, promote social good and integrate core socialist values into criminal justice, the Supreme People’s Court, the Supreme People’s Procuratorate, and […]
2020 年 11 月 1 日

Official Reply of the Supreme People’s Court on the Application of Law in Internet-related Intellectual Property Rights Infringement Disputes (Mainland China)

Joyce Wen On September 12, 2020, the Supreme People’s Court issued its Official Reply on the Application of Law in Disputes Internet-related Intellectual Property Rights Infringement Disputes (the “Reply”).  The Reply mainly sets down clear provisions on the application of […]
2020 年 11 月 1 日

Decision of the Supreme People’s Court on Amending the Provisions on the Application of Law in Private Lending Trials (Mainland China)

Jolene Chen On August 20, 2020, the Supreme People’s Court issued the Decision of the Supreme People’s Court on Amending the Provisions on the Application of Law in Private Lending Trials (the “Decision”), which entered into effect on August 20, […]
2020 年 11 月 1 日

The “interested parties” who may file an invalidation on the ground that the patentee of a utility model patent is not the person entitled to file the application include the actual inventors, creators or whose assignees or successors or parties with a relationship of employment or commissioned research and development (Taiwan)

Albert Yen The Supreme Administrative Court rendered the 109-Pan-325 Decision of June 11, 2020 (hereinafter, the “Decision”), holding the “interested parties” who may file an invalidation on the ground that the patentee of a utility model patent is not the […]
2020 年 11 月 1 日

The promotional text on tobacco products can achieve a diffusion effect since a purchaser may leave the premises with it and thus becomes a tobacco advertisement (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 109-Pan-346-Zi Decision of June 24, 2020 (hereinafter, the “Decision”), holding that although the promotional text on a tobacco product is not an essential text for the package, still it can be regarded […]
2020 年 11 月 1 日

Guiding Opinions of the Supreme People’s Court on the Trial of Civil Cases Involving the Intellectual Property Rights on E-commerce Platforms (Mainland China)

Joyce Wen On 10 September 2020, the Supreme People’s Court issued the Guiding Opinions on the Trial of Civil Cases Involving Intellectual Property Rights on E-commerce Platforms (the “Opinions”).  The Opinions marked the first time that the Supreme People’s Court […]
2020 年 11 月 1 日

The “responsible person of an act” under Article 125, Paragraph 3 of the Banking Law refers to the responsible person involved in decision-making and execution and causing the juristic person to commit a crime through his/her dominant role (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-2077 Decision of May 21, 2020 (hereinafter, the “Decision”), holding that Article 125 of the Banking Law imposes penalties for illegal acceptance of deposits and the business subjects targeted for the penalties should […]
2020 年 11 月 1 日

Measures on Work Relating to Complaints From Foreign-invested Enterprises (Mainland China)

Karl Zhang On August 18, 2020, the 29th Ministerial Meeting of the Ministry of Commerce deliberated and approved the Measures on Work Relating to Complaints From Foreign-invested Enterprises (the “Measures”), which came into effect on October 1, 2020.  The Measures […]
2020 年 11 月 1 日

The different treatments of an individual with household registration in the Mainland area or holding a passport issued by the Mainland area under Article 9-1 of the Statute for Cross-Strait Relations do not violate the principle of equality under the Constitution (Taiwan)

Nora Shih The Taipei High Administrative Court rendered the 108-Su-1714 Decision of June 3, 2020 (hereinafter, the “Decision”), holding that the different treatments of the citizen’s rights and obligations of an individual with household registration in the Mainland area or […]
2020 年 11 月 1 日

For the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights of the people in order to constitute a tort in the discharge of public duties (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 109-Pan-320 Decision of June 4, 2020 (hereinafter, the “Decision”), holding that for the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights […]
2020 年 11 月 1 日

The nature of labor contracts of affiliated enterprises should be observed based on the group as a whole (Taiwan)

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-1156 Decision of June 30, 2020 (hereinafter, the “Decision”), holding that since a parent company has personnel management and decision-making powers over the guidance, supervision and transfer of the employees within the corporate […]
2020 年 11 月 1 日

In the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor and the objective circumstances surrounding the act, together with all kinds of indirect or circumstantial evidence, as well as empirical and logical rules (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-3055 Decision of July 19, 2020 (hereinafter, the “Decision”), holding that in the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor […]
2020 年 11 月 1 日

If an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is eliminated, the actor at this junction subjectively has dolus indeterminatus to kill (Taiwan)

Frank Sun The Taiwan High Court rendered the 109-Jiao-Shang-Su-52 Decision of June 24, 2020 (hereinafter, the “Decision”), holding that if an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is […]
2020 年 11 月 1 日

The meaning of the provision that “the contractor shall be compensated for the damage incurred due to the termination of the contract” under Article 511 of the Civil Code (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-2543 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that with respect to the provision that “the contractor shall be compensated for the damage incurred due to the termination of the contract” […]
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 10 月 1 日

When an actor intends to cover up the sources of a specific crime through direct consumption or to have other joint principal offenders hide illegal money flows through the appearance of false transactions, it is difficult to conclude that this is simply a disposal of loot after a crime is committed (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-1641 Decision of April 16, 2020 (hereinafter, the “Decision”), in which an explanation was provided concerning the application of Article 14, Paragraph of the Money Laundering Control Law, which came into effect on […]
2020 年 10 月 1 日

If industrial wastes are not reused pursuant to relevant laws and regulations, they shall be subject to the Waste Disposal Law, which is inherently applicable (Taiwan)

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-1872 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that although reclaimed asphalt payment may be reused as general industrial wastes, still if a company dumps reclaimed asphalt pavement on an unpermitted […]
2020 年 10 月 1 日

The circumstances in which the facts and reasons set forth in a guilty decision will constitute a legal violation for contradictory reasons of decision (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2164 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that the facts and reasons set forth in a guilty decision and the explanation about the reasons of decision should be consistent from […]
2020 年 10 月 1 日

If a person intentionally flees the scene of an accident, the offense of hit-and-run death or injury is still established with or without rescue provided by another person (Taiwan)

Frank Sun The Supreme Court rendered the 190-Tai-Shang-2201 Decision of May 21, 2020 (hereinafter, the “Decision”), holding that if a driver of a motor vehicle who causes the injury or death of another person intentionally fees the scene of an […]
2020 年 10 月 1 日

Provisions of the Supreme People’s Court on Issues Concerning Representative Litigation in Securities Disputes (Mainland China)

Karl Zhang The Provisions of the Supreme People’s Court on Issues Concerning Representative Litigation in Securities Disputes (the “Provisions”) were adopted at the 1808th meeting of the Judicial Committee of the Supreme People’s Court on July 23, 2020, and has […]
2020 年 10 月 1 日

If the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is still difficult to conclude that the mortgage has been established (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-220 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that if the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is […]
2020 年 10 月 1 日

Trademark disputes should be heard under the principle of case-by-case review and are not bound by the judgement of another case (Taiwan)

Yuki Chiang The Supreme Administrative Court rendered the 109-Pan-151 Decision in March 19, 2020 (hereinafter, the “Decision”), holding that in view of the differences between different cases in terms of facts and types of evidence for trademark disputes and the […]
2020 年 10 月 1 日

The objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of works,” and their use right can only be obtained by a transfer of possession rather than a transfer of ownership (Taiwan)

Albert Yen The Intellectual Property Court rendered the 109-Min-Zhu-Su-14 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that the objects of the rental within the meaning of the Copyright Law shall be the “originals of works” or “reproductions of […]
2020 年 10 月 1 日

The prohibition against dual representatives under Article 223 of the Company Act is not a compulsory requirement (Taiwan)

Jhen-Yi Chen The Tainan Branch of the Taiwan High Court rendered the 108-Zhong-Shang-48 Decision of April 14, 2020 (hereinafter, the “Decision”), holding that since the legislative objective of Article 223 of the Company Act to prohibit dual representatives is to […]
2020 年 10 月 1 日

If the holder of a check asserts that it was issued and delivered due to a loan provided to the drawer, while the drawer contends that no loan was received, the holder shall assume the burden of proof for the fact that the loan has been provided (Taiwan)

Oli Wong The Supreme Court rendered the 109-Tai-Shang-Zi-47 Decision of May 6, 2020 (hereinafter, the “Decision”), holding that if the holder of a check asserts that it was issued and delivered due to a loan provided to the drawer, while […]
2020 年 10 月 1 日

The drug injuries caused by adverse reactions to a drug as defined under the Drug Injury Relief Act refer to injuries that are directly caused by the use of the drug (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-Zi-167 Decision on March 27, 2020 (the “Decision”), in which it held that in the Drug Injury Relief Act, injuries from adverse reactions to a drug refer to those that are directly […]