Law News - Lee, Tsai & Partners

2019 年 10 月 31 日

Brief Analysis on the Application of “Patent Contribution Rate” to the Calculation of Damages in Patent Infringement Cases in Taiwan (Taiwan)

Sean Tsou 1. Concept of “patent contribution rate” The so-called “patent contribution rate” means, as it literally suggests, the degree of contribution of a certain patent to the value of a certain product. This concept has emerged due to the […]

2019 年 10 月 31 日

The Standards for Correction, Rectification or Reporting within the Required Period are amended to specifically provide that the deadline for correcting air pollution violations should be determined on a case-by-case basis (Taiwan)

Fang-Wei Lin The Environmental Protection Administration (hereinafter, the “EPA”) amended the Standards for Correction, Rectification or Reporting within the Required Period Notified for Penalties Imposed Per Violation of the Air Pollution Control Law (hereinafter, the “Standards”) on August 19, 2019 […]

2019 年 10 月 31 日

Measures for the Supervision and Administration of the Preparation of Environmental Impact Reports (Forms) on Construction Projects (Mainland China)

Karl Zhang On September 20, 2019, the Ministry of Ecology and Environment issued the Measures for the Supervision and Administration of the Preparation of Environmental Impact Report (Reforms) on Construction Projects (the “Measures”), which will go into effect on November […]

2019 年 10 月 31 日

Provisions of the Supreme People’s Court on Safeguarding the Rights and Interests of the Parties in the Death Penalty Reviews and Executions (Mainland China)

Di Wu On August 8, 2019, the Supreme People’s Court promulgated the Provisions of the Supreme People’s Court on Safeguarding the Rights and Interests of the Parties in the Death Penalty Reviews and Executions, which came into effect on September […]

2019 年 10 月 31 日

If a trademark owner requests to eliminate or prevent trademark infringement by an infringer, it is only necessary to determine if the infringer objectively engages in any factual infringement or is likely to infringe with no need to explore the subjective criteria for the infringer (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Shang-Su-1 Decision of May 7, 2019 (hereinafter, the “Decision”), holding that if a trademark owner asserts an inaction claim to eliminate or prevent trademark infringement by an infringer, it is only necessary […]

2019 年 10 月 31 日

Arrangement of the Supreme People’s Court Concerning Mutual Assistance in Interim Measures by the Courts of the Mainland and of the Hong Kong Special Administrative Region in Aid of Arbitral Proceedings (Mainland China)

Joyce Wen On September 26, 2019, the Supreme People’s Court promulgated the Arrangement of the Supreme People’s Court Concerning Mutual Assistance in Interim Measures by the Courts of the Mainland and of the Hong Kong Special Administrative Region in Aid […]

2019 年 10 月 31 日

Circular of the Supreme People’s Procuratorate on the Distribution of the 15th Batch of Guiding Cases of the Supreme People’s Procuratorate (Mainland China)

Jolene Chen This batch of guiding cases released by the Supreme People’s Procuratorate mainly covers administrative appeals and non-litigation administrative enforcement cases. Two such cases are briefly introduced as below. Case 1: An appeal involving a dispute over expropriation compensation […]

2019 年 10 月 31 日

Six Typical Administrative Supervision Cases As Released by the Supreme People’s Procuratorate (Mainland China)

Jolene Chen On September 25, 2019, the Supreme People’s Procuratorate released six typical cases of administrative supervision, which mainly pertain to the procuratorate’s supervision over the administrative penalties imposed by a land and resources bureau, compulsory enforcement by the courts, […]

2019 年 10 月 31 日

For a foreign insurance company whose head office is not located in the ROC, interest and property transaction gains earned by its affiliates from their investment in the ROC are business profits generated in the ROC and should be regarded as income generated from sources in the ROC (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 108-Pan-317 Decision of June 27, 2019 (hereinafter, the “Decision”), holding that for a foreign insurance company whose head office is not located in the Republic of China (ROC), interest and property transaction […]

2019 年 10 月 31 日

Whether an offense is established or a criminal penalty should be exempt should be determined based on civil-law relations; and in a civil case where a complaint has been filed, a criminal court has the discretionary right under the law to decide if the criminal trial will be stayed before the civil proceedings are concluded without been bound by any motion of a party, and it is not true that the criminal court that does not stay the trial would violate the law (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-Zi 1099 Criminal Decision of April 18, 2019 (hereinafter, the “Decision”). According to this Decision, whether an offense is established or a criminal penalty should be exempt should be determined based on civil-law […]

2019 年 10 月 31 日

The “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act only requires the outer shape and appearance of the product to be consistent with the core concept of a tobacco product (Taiwan)

Ankwei Chen The Kaohsiung High Administrative Court rendered the 108-Jian-Shang-Zi-18 Decision on May 7, 2019 (the “Decision”) in which it held that the “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act (“THPA”) only requires […]

2019 年 10 月 31 日

In case an agency has failed to properly maintain a Jersey barrier after it is installed, if an accident occurs because the Jersey barrier is dangling in the air and not completely put on the surface of the road upon occurrence of an accident, a national compensation liability should be assumed (Taiwan)

Jhen-Yi Chen The Taiwan High Court rendered the 106-Chung-Shang-Kuo-11 Decision of August 6, 2019 (hereinafter, the “Decision”), holding that if a citizen’s life, body or property is injured due to inadequate installation or management of public infrastructure, the state should […]

2019 年 10 月 31 日

If a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the irregularities are not corrected before a disposition is rendered, this would meet the requirement for materiality under Article 101, Paragraph 1 of the Government Procurement Law (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-332 Decision of July 11, 2019 (hereinafter, the “Decision”), holding that if a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the […]

2019 年 10 月 31 日

An actor’s knowledge of an illegal act is not limited to the exact knowledge of the penal provisions, and the mere knowledge that the act is not legally permitted will suffice (Taiwan)

Nora Shih The Supreme Court rendered the 108-Tai-Shang-1084 Decision of April 10, 2019 (hereinafter, the “Decision”), holding that an actor’s knowledge of an illegal act is not limited to the exact knowledge of the penal provisions, and the mere knowledge […]

2019 年 10 月 31 日

The requirement that a person who acquires a negotiable instrument in bad faith shall not enjoy any rights in the negotiable instrument under Article 14, Paragraph 1 of the Negotiable Instruments Law refers to the circumstance where the ownership of the negotiable instrument is originally obtained from a person without a disposal right; and the rights over the negotiable instrument may be enjoyed only if the negotiable instrument is assigned by a person with a legitimate disposal right (Taiwan)

Elva Chuang The Supreme Court rendered the 108-Tai-Chien-Shang-9 Decision of July 25, 2019 (hereinafter, the “Decision”). According to the facts underlying this Decision, the Appellant, a shareholder and employee of Guang Da Xing International Co., Ltd. (hereinafter, “GDX Co.”), issued […]

2019 年 10 月 31 日

Although an investor purchases a stock before a false financial report is released, still the investor may be injured for failure to sell the stock after the purchase due to misbelief in the financial report; and therefore, it is still inappropriate to draw a conclusion unfavorable to the investor on such basis (Taiwan)

Teresa Huang The Supreme Court rendered the 107-Tai-Shang-846 Decision of March 27, 2019 (hereinafter, the “Decision”), holding that although an investor purchases a stock before a false financial report is released, still the investor may be injured for failure to […]

2019 年 10 月 31 日

An act of medical negligence is constituted only when there is a specific causal relationship between a medical treatment that violates medical custom and the results (Taiwan)

Sean Tsou Although the Supreme Court held specifically in its 107-Tai-Shang-4587 Decision of April 2, 2019 (hereinafter, the “Decision”) that the medical treatment had violated medical custom, still an act of medical negligence can be determined only when there is […]

2019 年 9 月 30 日

Pharmaceutical Administration Law (Mainland China)

Karl Zhang On August 26, 2019, the Standing Committee of the National People’s Congress adopted the new Pharmaceutical Administration Law of the People’s Republic of China (the “Law”), which will go into effect on December 1, 2019. In comparison with […]

2019 年 9 月 30 日

The Resource Tax Law of the People’s Republic of China (Mainland China)

Di Wu On August 26, 2019, the Standing Committee of the 13th National People’s Congress promulgated the Resource Tax Law, which mainly stipulates a specific scope of taxpayers and taxable resources and clarifies issues such as the Table of Taxable […]

2019 年 9 月 30 日

Land Administration Law of the People’s Republic of China (Amended in 2019) (Mainland China)

Karl Zhang On August 26, 2019, the Standing Committee of the National People’s Congress amended the Land Administration Law of the People’s Republic of China and the Urban Real Estate Administration Law of the People’s Republic of China through the […]

2019 年 9 月 30 日

Analysis of Compulsory Transfer of Shares (Equity) – Comparison of Company Laws of Taiwan and the People’s Republic of China (Taiwan)

Emily Chueh Article 163 of the Company Law of Taiwan provides: “Unless as otherwise provided for in this Law, assignment/transfer of shares of a company shall not be prohibited or restricted by any provision in the Articles of Incorporation.” Basically, […]

2019 年 9 月 30 日

Since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is an ordinary exercise of ownership, such change has nothing to do with the scenario where there is no expropriation need due to change of circumstance (Taiwan)

Teresa Huang The Supreme Administrative Court rendered the 108-Pan-124 Decision of March 22, 2019 (hereinafter, the “Decision”), holding that since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is […]

2019 年 9 月 30 日

Provisions on Electronic Trademark Applications (Mainland China)

Joyce Wen The State Intellectual Property Office (the “SIPO”) promulgated the Provisions on Electronic Trademark Applications (the “Provisions”) on August 27, 2019. Consisting of 13 articles, the Provisions clarify the scope and filing requirements for electronic trademark applications and confirm […]

2019 年 9 月 30 日

In a medical emergency, a physician’s decision to not follow common medical practice should be examined for whether there was negligence in light of reasonable professional clinical discretion (Taiwan)

Ankwei Chen The Supreme Court rendered the 107-Tai-Shang-4587 Criminal Decision onApril 2, 2019 (the “Decision”), in which it held that in a very urgent medical emergency, a physician’s decision to not follow common medical practices should be examined for negligence […]

2019 年 9 月 30 日

Analysis of Compulsory Transfer of Shares (Equity) – Comparison of Company Laws of Taiwan and the People’s Republic of China (Taiwan)

Emily Chueh Article 163 of the Company Law of Taiwan provides: “Unless as otherwise provided for in this Law, assignment/transfer of shares of a company shall not be prohibited or restricted by any provision in the Articles of Incorporation.” Basically, […]

2019 年 9 月 30 日

Whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the insured’s obligation to provide a truthful explanation cannot be deemed released simply because the insured has authorized the insurer to check his/her medical data (Taiwan)

Alex Liao The Taiwan High Court rendered the 108-Bao-Xian-Shang-Yi-1 Civil Decision of July 17, 2019 (hereinafter, the “Decision”), holding that whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the […]

2019 年 9 月 30 日

Although the second adjudication does not change the adjudication results of the original administrative disposition, still if the adjudication reasons are changed or if contents are added, this would substantively constitute another administrative disposition and may serve as an object of an administrative action (Taiwan)

Jhen-Yi Chen The Supreme Administrative Court rendered the 108-Pan-301 Decision of June 18, 2019 (hereinafter, the “Decision”), holding that although the second adjudication does not change the adjudication results of the original administrative disposition, still if the adjudication reasons are […]

2019 年 9 月 30 日

For housing units included in a social housing rental and management project, when a rental service agreement is executed between a rental service provider and a property owner, such property shall be regarded as a social housing unit and eligible for relevant tax incentives (Taiwan)

Luke Hung The Ministry of the Interior issued the Nei-Shou-Tu-1080812767 Circular of July 22, 2019 (hereinafter, the “Circular”), pointing out that for housing units included in a social housing rental and management project, when a rental service agreement is executed […]

2019 年 9 月 30 日

Opinion of the Supreme People’s Court on Improving and Perfecting the Working Mechanism of the Judicial Committee of the People’s Court (Mainland China)

Jolene Chen On August 2, 2019, the Supreme People’s Court issued the Opinion on Improving and Perfecting the Working Mechanism of the Judicial Committee of the People’s Court (the “Opinion”) regarding how the working mechanism of judicial committee may be […]

2019 年 9 月 30 日

The court order that the employer failed to substantiate that the employee had delayed his work and affected the economic purposes for hiring the employee, this had nothing to do with whether the employee was competent for his work and the grounds for discharge under Article 11, Subparagraph 5 of the Labor Standards Law. (Taiwan)

Elva Chuang In this matter, the Appellee (i.e., the worker) asserted as follows. He was employed by the Appellant (the employer) as a transport affair specialist in 2008. The Appellant issued three written warnings to him for his violation of […]