Law News - Lee, Tsai & Partners

2021 年 5 月 4 日

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

Eddie Shih[1] and Jerry Huang[2] The Patent Law of Taiwan was amended in its entirety on January 1, 2013, following by its partial amendments in 2013, 2014, 2017 and 2019. The Ministry of Economic Affairs released the draft partial amendments […]

2021 年 5 月 1 日

Regulations on the Administration of Pollution Discharge Permits (Mainland China)

Karl Zhang On January 24, 2021, the State Council promulgated the Regulations on the Administration of Pollution Discharge Permits (“the Regulations”), which came into force on March 1, 2021 with the following highlights. 1. General provisions An enterprise, business organization […]

2021 年 5 月 1 日

Provisions of the Supreme People’s Court on Online Docketing Services for Parties to Cross-border Litigation (Mainland China)

Wu Di To enable Chinese and foreign parties to enjoy the same convenient and efficient docketing services, the Supreme People’s Court formulated the Provisions on Online Docketing Services for Parties to Cross-border Litigation (the “Provisions”) on February 3, 2021 in […]

2021 年 5 月 1 日

Photographs and design drawings on product catalogs should be copyrightable (Taiwan)

Yuki Chiang According to the facts underlying the 109-Min-Zhu-Shang-2 Decision of October 22, 2020 judged by the Intellectual Property Court, Appellant, Company A, sought to help its customers and vendors better understand various products by editing and creating product brochures […]

2021 年 5 月 1 日

Those whose seals are misappropriated are not liable to the holders as the drawers (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Jian-Shang-51 Decision of November 26, 2020 (hereinafter, the “Decision”), holding that since the persons whose seals are misappropriated do not sign negotiable instruments, they are not liable as drawers, and those whose seals […]

2021 年 5 月 1 日

The interpretation of “intent to pursue the illegal interests of the actor or any third party” within the meaning of Article 41 of the Personal Data Protection Law (Taiwan)

Emily Chueh The Grand Criminal Chamber of the Supreme Court rendered the 109-Tai-Shang-Da-1869 Ruling of December 9, 2020 (hereinafter, the “Ruling”), holding that the “intent to pursue the illegal interests of the actor or any third party” within the meaning […]

2021 年 5 月 1 日

The Supreme People’s Procuratorate’s Issuance of the First Batch of Model Cases on the Protection of Lawyers’ Right to Practice (Mainland China)

Jolene Chen On February 5, 2021, the Supreme People’s Procuratorate released the First Batch of Model Cases on the Protection of Lawyers’ Right to Practice (the “Cases”), which contain supervision cases involving a lawyer’s right to know, a lawyer’s right […]

2021 年 5 月 1 日

An employer shall not be jointly liable if an employee who engages in a tortious act has lost the qualifications as an employee or if the act objectively does not appear to be engaged to perform job duties or if the act is simply a personal criminal offense not related to the performance of job duties (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-2064 Decision of October 19, 2020 (hereinafter, the “Decision”), holding that joint liability under Article 188 of the Civil Code does not apply if an employee who engages in a tortious act has […]

2021 年 5 月 1 日

Provisions on the Handling of Cybercrime Cases by People’s Procuratorates (Mainland China)

Joyce Wen On January 22, 2021, the Supreme People’s Procuratorate issued the Provisions on the Handling of Cybercrime Cases by People’s Procuratorates (the “Provisions”). Consisting of a total of 7 chapters and 65 articles, the Provisions set out a whole […]

2021 年 5 月 1 日

Any behavior regarding performing the contract with false documents, even if the actor was not convicted of forging or altering documents under criminal act, may still be published in the Government Procurement Gazette according to the Government Procurement Law (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-183 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that any person who obviously undermines the quality of procurement and the performance objectives of a contract by bidding or performing the […]

2021 年 5 月 1 日

Regulations on the Prevention and Handling of Illegal Fundraising (Mainland China)

Karl Zhang On January 26, 2021, the State Council promulgated the Regulations on the Prevention and Handling of Illegal Fundraising (the “Regulations”), which will go into force on May 1, 2021 and are highlighted below: 1. Definition and applicable scope […]

2021 年 5 月 1 日

Concerns on Discriminatory Treatment and Restriction on Competition in Channel Licensing Terms – A Brief Commentary on the Reversal of FTC Dispositions by the Supreme Administrative Court (Taiwan)

Sally Yang[1] Against the backdrop of digital convergence and the rise of over-the-top media services (OTT) industry in recent years, disputes over the licensing terms of traditional cable television channels continue to attract attention. The Fair Trade Commission (hereinafter, the […]

2021 年 3 月 5 日

A Brief Introduction to the Criteria and Guidelines for Construction Extension (Taiwan)

Luke Hung[1] I. Mechanisms for handling the delay and extension of a construction period From small private construction projects to large infrastructure projects, the completion schedule of a project is the main concern of the project owner. If the project […]

2021 年 3 月 1 日

Interpretation of the Supreme People’s Court on the Application of the Guarantee System under the Civil of the People’s Republic of China (Mainland China)

Di Wu The Supreme People’s Court formulated on December 25, 2020 the Interpretation on the Application of the Guarantee System Application of the Civil Code of the People’s Republic of China the “Interpretation”) for the correct application of the guarantee […]

2021 年 3 月 1 日

Interpretation (I) of the Supreme People’s Court on the Application of the in rem Rights Section of the Civil Code of the People’s Republic of China (Mainland China)

Di Wu To properly adjudicate disputes over in rem rights, the Supreme People’s Court formulated the Interpretation (I) on the Application of the in rem Rights Section of the Civil Code of the People’s Republic of China (the “Interpretation”) in […]

2021 年 3 月 1 日

Several Provisions of the Supreme People’s Court on the Application of Retroactivity in the Civil Code of the People’s Republic of China (Mainland China)

Jolene Chen On December 29, 2020, the Supreme People’s Court issued the Several Provisions on the Application of Retroactivity in the Civil Code of the People’s Republic of China (the “Provisions”), which came into effect on January 1, 2021. The […]

2021 年 3 月 1 日

Guidelines for the Enforcement of Intellectual Property Rights Decisions (Mainland China)

Karl Zhang On December 10, 2020, the Supreme People’s Court promulgated the Guidelines for the Enforcement of Intellectual Property Rights Decisions (the “Guidelines”), which mainly include the following contents. I. Specific scope of intellectual property rights (IPR) cases IPR cases […]

2021 年 3 月 1 日

Interpretation (I) of the Supreme People’s Court on the Application of Law in Labor Dispute Trials (Mainland China)

Joyce Wen On December 29, 2020, the Supreme People’s Court Decision on the Abolition of Some Judicial Interpretations and Related Normative Documents abolished the Interpretations (I through IV) of the Supreme People’s Court on the Application of Law in Labor […]

2021 年 3 月 1 日

Even if a person who obtains superficies through adverse possession produces a document to substantiate continued possession from the beginning to the registration application, this document can only prove the fact of possession but cannot be relied on as evidence to support possession with an intent to exercise the superficies (Taiwan)

Luke Hung The Taichung High Administrative Court rendered the 109-Su-175 Decision of October 7, 2020 (hereinafter, the “Decision”), holding that even if a person who obtains superficies through adverse possession produces a document to substantiate continued possession from the beginning […]

2021 年 3 月 1 日

It is legal for an agency to test water quality from samples taken from a discharge point or before the wastewater enters the receiving water body (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-522 Decision on October 29, 2020 (the “Decision”), in which it held that a chemicals company that discharges wastewater to a surface receiving water body is required to meet the effluent discharge […]

2021 年 3 月 1 日

It is sufficient for the court to make a determination if the existence or non-existence of the outstanding debt of an inheritee can be proven with preponderance of probability (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 109-Pan-463 Decision of September 7, 2020 (hereinafter, the “Decision”), holding that when the existence of any outstanding debt of an inheritee before his/her death is unknown, although the taxpayer is objectively required […]

2021 年 3 月 1 日

The requirement that service by deposit shall be effective after the service is completed pursuant to law in accordance with Article 74 of the Administrative Procedure Law is justified and does not violate the principle of due process under the Constitution (Taiwan)

Nora Shih The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 797 of the Judicial Yuan (hereinafter, the “Interpretation”) on November 20, 2020, holding that the requirement that service by deposit shall be effective after the service is […]

2021 年 3 月 1 日

The Supreme Court affirms that a false act without substantive transaction also falls within the scope of non-arm’s length transaction (Taiwan)

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-2261 Decision of October 30, 2020 (hereinafter, the “Decision”), holding that the offense of non-arm’s length transaction under Article 171, Paragraph 1, Subparagraph which does not involve a false act without substantive transaction […]

2021 年 3 月 1 日

An enterprise that changes the terms of labor for its employees without negotiating with the labor union can be deemed to engage in an unfair labor practice (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 109-Pan-421 Decision of August 6, 2020 (hereinafter, the “Decision”), holding an enterprise that has changed the terms of labor for its employees without negotiating with the labor union has in fact unilaterally […]

2021 年 3 月 1 日

Although a general court is bound by an administrative court’s final adjudication in determining the illegality of an administrative disposition, still it is necessary to examine if other elements of national compensation are present (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2437 Decision of October 22, 2020 (hereinafter, the “Decision”), holding that although a general court is bound by an administrative court’s final adjudication in determining the illegality of an administrative disposition, still it […]

2021 年 3 月 1 日

If a legal relationship confirmed through a court decision still cannot eliminate its unstable state, it is difficult to conclude that the legal benefit of a declaratory judgment is enjoyed (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-1952 Decision of September 3, 2020 (hereinafter, the “Decision”), holding that if a legal relationship confirmed through a court decision still cannot eliminate its unstable state, it is difficult to conclude that the […]

2021 年 3 月 1 日

When an actor engages in one act that constitutes the criteria for the offense of non-arm’s length transaction and the offense of special breach of trust under Article 171 of the Securities and Exchange Law, the actor shall be penalized based on imaginative joinder of offenses for one of the offenses which entails a heavier penalty (Taiwan)

Oli Wong The Grand Criminal Chamber of the Supreme Court rendered the 108-Tai-Shang-Da-Four-Zi-2261 Adjudication of October 29, 2020 (hereinafter, the “Adjudication”), holding that when an actor engages in one act that constitutes the criteria for the offense of non-arm’s length […]

2021 年 3 月 1 日

The Supreme Court issued its opinions on the interpretation of the so-called “bona fide third party” in Article 5, Paragraph 1 of the Personal Property Secured Transactions Law in a conditional sale (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2099 Decision of October 14, 2020 (hereinafter, the “Decision”), holding that the requirement is that a bona fide third party in a conditional sale trades with the possessor of an object due to […]

2021 年 2 月 1 日

Opinions of the Supreme People’s Court on Strengthening Copyright Protection and Copyright-Related Rights (Mainland China)

Di Wu In order to effectively strengthen copyright protection in literature, arts and science, and to give full effect to the role of copyright cases in the regulation, guidance, promotion and protection of cultural development, the Supreme People’s Court issued […]

2021 年 2 月 1 日

Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in Food Safety Civil Disputes (I) (Mainland China)

Joyce Wen On December 8, 2020, the Supreme People’s Court issued its Interpretation on Issues Concerning the Application of Law in Food Safety Civil Disputes (I) (the “Interpretation”). The Interpretation contains 14 articles and addresses the determination of the entities […]