Law News - Lee, Tsai & Partners

2020 年 9 月 1 日

If the employee has provided credible evidence for the facts asserted, and the employer has not argued against the evidence, then the employee’s request under the employment contract is justified (Taiwan)

Angela Wu The Taipei District Court rendered the 108-Lao-Jian-10 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that if the employee has provided credible evidence of the facts asserted, and the employer has not argued against the evidence, then […]

2020 年 9 月 1 日

Circular of the General Office of the Ministry of Commerce and the General Office of the General Administration on Market Regulations to Further Improve the Foreign Investment Information Reporting System and Ex Post Supervision (Mainland China)

Joyce Wen On June 30, 2020, the General Office of the Ministry of Commerce and the General Office of the State Administration for Market Regulation issued the Circular on Further Improvements to the Foreign Investment Reporting System and Ex Post […]

2020 年 9 月 1 日

The standards for changing the legal provisions applied by the prosecutor shall be the basic facts relied on for the prosecution and the commonality of the nature of the crimes (Taiwan)

Emily Chueh The Supreme Court rendered the 108-Tai-Shang-3327 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that the standards applied by the court to change the legal provisions applied by the prosecutor shall be the basic social facts relied […]

2020 年 9 月 1 日

The 19th Set of Guiding Cases From the Supreme People’s Procuratorate (Mainland China)

Di Wu The Supreme People’s Procuratorate held a press conference on “Strengthening the Supervision on the Implementation of Penalty Changes to Promote Win-Win Situations” on June 3, 2020. The 19th set of guiding cases was released to clarify the application […]

2020 年 9 月 1 日

Trademark Infringement Determination Standards (Mainland China)

Jolene Chen In order to further strengthen guidance in trademark enforcement, unify enforcement standards, improve the level of enforcement and strengthen the protection of trademark rights, the State Intellectual Property Office formulated the Trademark Infringement Determination Standards on June 15, […]

2020 年 9 月 1 日

If the trademark holder claims that the trademark is a well-known mark, it shall provide sufficiently objective evidence to proof that the trademark has been generally recognized by relevant businesses or consumers (Taiwan)

Yuki Chiang The Intellectual Property Court rendered the 108-Min-Shang-Su-61 Decision of April 28, 2020 (hereinafter, the “Decision”), holding that although a trademark holder asserting that the trademark is a well-known mark, still the trademark shall not be regarded as a […]

2020 年 9 月 1 日

Guiding Opinions III of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus (Mainland China)

Jolene Chen After the Guiding Opinions (I and II) of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus, the Supreme People’s Court issued the Guiding Opinions (III) (the “Guiding Opinions (III)”) on 8 […]

2020 年 9 月 1 日

The One Not Loved Is the Other Man/Woman?A Perspective on the Decriminalization of Adultery Based on Judicial Interpretation No. 791(Taiwan)

Tiffany Hsiao The Council of Grand Justices of the Judicial Yuan declared on May 29 via Judicial Interpretation No. 791 (Effect of the Offense of Adultery and Withdrawal of Charges)[1] that Article 239 of the Criminal Code, which does not […]

2020 年 9 月 1 日

If the company registration authority subsequently finds that the original approval is illegal for inconformity with the factual state, the relevant disposition may be canceled (Taiwan)

Nora Shih The Taichung High Administrative Court rendered the 108-Su-321 Decision of April 9, 2020 (hereinafter, the “Decision”), holding that if the authority that formally reviews documents attached to a company registration application before granting an approval subsequently finds that […]

2020 年 9 月 1 日

Determination criteria for the non-arm’s length transactions that “cause significantly harm to the company” under the Securities and Exchange Law (Taiwan)

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-789 Decision of March 26, 2020 (hereinafter, the “Decision”), holding that when the amount of damage sustained by a company is calculated for the commission of the offense of non-arm’s length transaction under […]

2020 年 9 月 1 日

The waiting period clause in insurance practice does not violate the Insurance Law and in principle should be recognized as valid (Taiwan)

Debby Yu The Supreme Court rendered the 109-Tai-Shang-760 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that the waiting period clause in insurance practice aims to prevent the insurer from suffering the imbalance between the premium revenue and insurance […]

2020 年 9 月 1 日

Validity of acts conducted by an agency without jurisdiction (Taiwan)

Jhen-Yi Chen The Supreme Administrative Court rendered the 109-Pan-196 Decision of April 9, 2020 (hereinafter, the “Decision”), holding that the acts conducted by an agency without jurisdiction would be defective disposition acts unless authorization is obtained out of a relationship […]

2020 年 9 月 1 日

Evidence that proves a contract of borrowing other’s name for real estate registration is established is not limited to direct evidence (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-222 Decision of April 23, 2020 (hereinafter, the “Decision”), holding that if it is proven that after a fund is contributed to acquire property registered in the name of another person, the ownership […]

2020 年 9 月 1 日

Regulations on the Supervision and Administration of Cosmetics (Mainland China)

Karl Zhang On June 16, 2020, the State Council promulgated the Regulations on the Supervision and Administration of Cosmetics (the “Regulations”), which will go into effect on January 1, 2021, while the original Regulations on the Supervision of Cosmetics Hygiene […]

2020 年 9 月 1 日

Evidence cited to support the finding of criminal facts should be admissible and obtained through a lawful investigation procedure in order to be admitted as legally appropriate evidence (Taiwan)

Oli Wong The Supreme Court rendered the 109-Tai-Shang-117-Zi Decision of March 19, 2020 (hereinafter, the “Decision”), holding that evidence cited to support the finding of criminal facts should be admissible and obtained through a lawful investigation procedure in order to […]

2020 年 9 月 1 日

An invention cannot be patented if it can be easily accomplished by a person having ordinary skill in the art of the invention based on the prior art prior to the application (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-211 Decision of April 16, 2020 (hereinafter, this “Decision”), holding that an invention cannot be patented if it can be easily accomplished by a person having ordinary skill in the art of […]

2020 年 9 月 1 日

The “continuous work” under Article 9, Paragraph 1 of the Labor Standards Law and Article 6, Subparagraph 4 of the Enforcement Rules of the Labor Standards Law refers to work derived from achieving an economic activity that the employer does not intend to continue (Taiwan)

Angela Wu The Taichung Branch of the Taiwan High Court rendered the 108-Lao-Shang-21 Decision of April 28, 2020 (hereinafter, the “Decision”), holding that the “continuous work” under Article 9, Paragraph 1 of the Labor Standards Law and Article 6, Subparagraph […]

2020 年 8 月 31 日

Practical Determination Standards for the Requirement of Reasonable Confidentiality Measures for Trade Secrets (Taiwan)

Teresa Huang and Albert Yen[1] During the global spread of the Covid-19 pandemic in 2020, Taiwan has been able to maintain almost normal life since it has managed the epidemic more appropriately than other countries. In addition, alternative opportunities for […]

2020 年 8 月 21 日

Introduction to the Current Situation of A-share Listing of Taiwan-funded Enterprises in Mainland China (Mainland China)

Karl Zhang[i] Since the listing of Zhejiang King Refrigeration Industry Co., Ltd. (hereinafter, “Guoxiang”) on the Shanghai Stock Exchange (hereinafter, the “SSE”) in 2003, nearly 30 Taiwan-funded enterprises have been listed and raised capital in the mainland capital market. In […]

2020 年 8 月 1 日

The tax liability for inheritance tax is an inherent liability of the inheritor (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 108-Tai-Shang 2528 Decision of February 27, 2020 (hereinafter, the “Decision”), holding that an inheritor does not assume the tax liability for inheritance tax until the death of the inheritee, and that the […]

2020 年 8 月 1 日

The Supreme Administrative Court issued criteria for determining if the basic facts relied on for an agency’s decision or relevant documents merely collected or consulted for reference by an internal unit for its drafting or preparatory operation should be publicly disclosed (Taiwan)

Jenny Chen The Supreme Administrative Court rendered the 109-Pan-158 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if the basic facts relied on for an agency’s decision or relevant documents merely collected or consulted for reference by an […]

2020 年 8 月 1 日

The reasons for a court judgment should include the opinions on the offensive or defensive methods and legal opinions; and if the opinions on the offensive or defensive methods are not included in the reasons for the judgment, the judgment would have insufficient grounds (Taiwan)

Frank Sun The Supreme Court rendered the 108-Tai-Shang-2557 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that the reasons for a court judgment should include the opinions on the offensive or defensive methods and legal opinions; and if the […]

2020 年 8 月 1 日

If the retirement application has not been filed when a final decision on divorce is rendered, the pension and the old-age benefit yet to be obtained shall not be included in the post-marital property (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-1516-Zi Decision of February 19, 2020 (hereinafter, the “Decision”), specifically holding that if one of the spouses has not applied for retirement when a final decision on divorce is rendered, the pension and […]

2020 年 8 月 1 日

When a shareholder of a company limited by shares transfers his/her capital contribution out of a relationship involving no compensation, another shareholder that exercises a pre-emptive right shall not assert that the transfer should be received without compensation (Taiwan)

Sean Tsou The Supreme Court rendered the 109-Tai-Shang-193 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if a shareholder transfers his/her capital contribution to another person out of a relationship involving no compensation (e.g., borrowing another person’s name […]

2020 年 8 月 1 日

If the voluntary consent to a search is withdrawn, the search should stop immediately (Taiwan)

Emily Chueh The Supreme Court rendered the 109-Tai-Shang-259 Decision of February 13, 2020 (hereinafter, the “Decision”), holding that if the voluntary consent which is given to a search by the person subject to the search is withdrawn, the search shall […]

2020 年 8 月 1 日

Typical Environmental Resources Cases from the People’s Courts in 2019 (Mainland China)

Karl Zhang On May 8, 2020, the Supreme People’s Court released the Typical Environmental Resources Cases from the People’s Courts, which consist of 40 cases involving criminal, civil, administrative actions, as well as environmental public interest and ecological damages cases. […]

2020 年 8 月 1 日

Provisions on the Administration of the Domestic Securities and Futures Investment Funds of Foreign Institutional Investors (Mainland China)

Karl Zhang On May 7, 2020, the People’s Bank of China and the State Administration of Foreign Exchange promulgated the Provisions on the Administration of the Domestic Securities and Futures Investment Funds of Foreign Institutional Investors (the “Provisions”), which came […]

2020 年 8 月 1 日

Guiding Opinions on the Transfer of Companies Listed on the National Equities and Exchange Quotations for Listing on Other Boards (Mainland China)

Joyce Wen On June 3, 2020, the China Securities Regulatory Commission (the “CSRC”) promulgated its Guiding Opinions on the Transfer of Companies Listed on the National Equities and Exchange Quotations for Listing on Other Boards (the “Guiding Opinions”). The Guiding […]

2020 年 8 月 1 日

Opt-in? Opt-out? Precautions for Enterprises Concerning the Design of Two Different Systems (Taiwan)

Jhen-Yi Chen, Yuki Chiang and Jaime Cheng (California Attorney)[1] I. Introduction The California Consumer Privacy Act (hereinafter, “CCPA”) grants consumers the right[2] to access their personal information (consumers may request businesses to disclose, free of charge, the types of their […]

2020 年 8 月 1 日

After the registration of the land, if an interested party discovers any registration error, although he/she may apply in writing to verify the error and approve the correction, still the correction of such registration error is permitted only in the absence of any dispute over private rights and without undermining the identity of the original registration (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-148 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if an interested party discovers any registration error after the registration of the land, although he/she may apply in writing to […]