Law News - Lee, Tsai & Partners

2021 年 7 月 16 日

Notes for Shareholders Meetings During the Pandemic 2 – Non-Public Companies (Taiwan)

Teresa Huang and Yuki Chiang Department of Commerce of the Ministry of Economic Affairs announcement: the Central Epidemic Command Center declared on May 19, 2021 that the nationwide Covid-19 Alert has been raised to Level 3, where indoor social gatherings […]

2021 年 7 月 16 日

Notes for Shareholders Meetings During the Pandemic 1 – Public Companies (Taiwan)

Teresa Huang and Jack Hsieh The Financial Supervision Commission (FSC) announced that public companies should suspend the convening of shareholders’ meetings from May 24 to June 30, 2021. The meetings shall be postposed to the period from July 1 to August […]

2021 年 7 月 2 日

Dedicated Sustainable Bond Segment Launched by the Taipei Exchange (Taiwan)

Grace Chou[1] According to the announcement made by the Taipei Exchange, in view of the actual and current needs in the financial market for sustainable bonds and in reference to the custom and practices in the international financial markets, the […]

2021 年 7 月 1 日

Measures for the Administration of Livestream Marketing (Trial Implementation) (Mainland China)

Joyce Wen Seven departments, including the Cyberspace Administration of China, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the […]

2021 年 7 月 1 日

Measures for the Supervision and Administration of Anti-Money Laundering and Anti-Terrorist Financing of Financial Institutions (Mainland China)

Di Wu In order to cause financial institutions to effectively fulfill their anti-money laundering and anti-terrorist financing obligations and regulate the supervision and administration of anti-money laundering and anti-terrorist financing, the People’s Bank of China formulated the Measures for the […]

2021 年 7 月 1 日

Measures of the People’s Republic of China for the Safety Administration of Imported and Exported Food (Mainland China)

Karl Zhang On April 12, 2021, the General Administration of Customs executive meeting deliberated and announced the Measures of the People’s Republic of China for the Safety Administration of Imported and Exported Food (the “Measures”), which will go into effect […]

2021 年 7 月 1 日

Decision of the Supreme People’s Court on Amending the Provisions on the Jurisdiction of the Shanghai Financial Court (Mainland China)

Joyce Wen The Supreme People’s Court released the Decision of the Supreme People’s Court on Amending the Provisions on the Jurisdiction of the Shanghai Financial Courts (the “Decision”) on April 21, 2021 to amend the Provisions of the Supreme People’s […]

2021 年 7 月 1 日

Draft EU AI Regulation (Taiwan)

Hannah Kuo and Jaime Cheng[1] On April 21, 2021, the European Commission released a draft proposal for the Artificial Intelligence Act[2] (hereinafter, the “Draft AIA”), which is a continuation of the strategies proposed in the EU’s White Paper on Artificial […]

2021 年 7 月 1 日

Scope of Enterprises Handling Virtual Currency Platforms and Transaction Business under Money Laundering Control Act (Taiwan)

Elva Chuang The Financial Supervisory Commission (“FSC”), as the authority in charge of money laundering prevention for enterprises handling virtual currency trading platforms and transaction business (hereinafter, the “Virtual Currency Enterprises”), prepared and released the draft Regulations on Money Laundering […]

2021 年 7 月 1 日

Means of proof that may defeat the originality of “interior design” (Taiwan)

Yuki Chiang The Supreme Court handed down the 109-Tai-Shang-2725 Decision of January 20, 2021, with the following facts underlying this decision. The Appellant plagiarized and reproduced the guest rooms and furniture and furnishings of Hotel A (hereinafter, “Hotel A’s Interior […]

2021 年 7 月 1 日

The scope of “property interest obtained from the commission of a crime” in the offense of illegal absorption of funds shall be the entire funds absorbed from external parties by the actor and the compensation or property interest obtained from the commission of a crime (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-3917 Decision (hereinafter, the “Decision”), holding that the “property interest obtained from the commission of a crime” within the meaning of Article 125, Paragraph 1 of the Banking Law should be interpreted to […]

2021 年 7 月 1 日

If an evidentiary method based on the stated intention of the parties is related to the matters to be proven, it shall not be predetermined that since results are difficult to obtain, no investigation is required for a lack of necessity, or the principle that predetermination of evidence shall be prohibited is violated (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2496 Decision of December 16, 2020 (hereinafter, the “Decision”), holding that if an evidentiary method based on the stated intention of the parties is related to the matters to be proven, it shall […]

2021 年 7 月 1 日

The provision that the number of detention days short of one year before a final decision is rendered shall not be counted as part of the sentence that has been carried out for a parole on a life sentence in Article 77, Paragraph 2 of the Criminal Code as amended and promulgated on November 26, 1997 violates the principle of equality under Article 7 of the Constitution (Taiwan)

Nora Shih The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 801 of February 5, 2021 (hereinafter, the “Interpretation”), holding that the provision that the number of detention days short of one year before a final decision is […]

2021 年 7 月 1 日

Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice on Further Increasing the Punishment for False Lawsuit Offenses (Mainland China)

Jolene Chen After the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Explanation on Issues Concerning the Application of Law in Criminal False Lawsuits, the Supreme People’s Court and the Supreme People’s Procuratorate, together with the Ministry […]

2021 年 6 月 29 日

Starting from July 1, 2021, the status of the FTC’s review of a merger notification application may be checked online (Taiwan)

Aaron Chen & Sally Yang The Fair Trade Commission (“FTC”) issued a press release on June 28, 2021 in which it announced that starting from July 1, 2021, the FTC will provide a way for applicants to inquire online the […]

2021 年 6 月 17 日

Highlights of the Draft Offshore Wind Energy Zonal Development Plan (Taiwan)

Grace Chou[１] Jiselle Ong On May 11, 2021, the Bureau of Energy (“BOE”) of the Ministry of Economic Affairs (“MOEA”) announced the draft Offshore Wind Energy Zonal Development Plan for the Phase III Offshore Wind Energy Zonal Developer Selection Mechanism[２] […]

2021 年 6 月 1 日

Imminent Implementation of the Commercial Case Adjudication Law (Taiwan)

Aaron Chen and Nora Shih [1] After the Commercial Case Adjudication Law (hereinafter, the “Law”) was released on January 15, 2020, it is decided that the Law will go into effect on July 1 this year (2021). This Law Firm […]

2021 年 6 月 1 日

If only the favorable or unfavorable part of a witness’ testimony is taken as the basis for factual determination, and it can hardly be concluded that the decision does not violate laws and regulations (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-909 Decision of December 17, 2020 (hereinafter, the “Decision”), holding that if only the favorable or unfavorable part of a witness’ testimony is taken as the basis for factual determination, it is against […]

2021 年 6 月 1 日

An analysis of an application for a temporary injunction by the satellite channel enterprise for license renewal (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 109-Cai-2220 Ruling of December 11, 2020 (hereinafter, the “Ruling”), holding that an application for a temporary injunction is preconditioned by the existence of claims in the case, and the applicant can file […]

2021 年 6 月 1 日

The standard for determining suggestive marks and pure descriptions of product functions (Taiwan)

Yuki Chiang On December 10, 2020, the Intellectual Property Court rendered the 109-Hang-Shang-Su-80 Decision of December 10, 2020. According to the underlying facts, the Plaintiff applied to register “有酵蜜” [literally meaning “Enzyme-containing Honey”] as a trademark (hereinafter, the “Application”) and […]

2021 年 6 月 1 日

A company shall not act as a guarantor except as otherwise provided by law or the company’s articles of incorporation (Taiwan)

Albert Yen The Supreme Administrative Court rendered the 109-Tai-Shang-2623 Decision of November 4, 2020 (hereinafter, the “Decision”), holding that a company shall not act as a guarantor except as otherwise provided by law or the company’s articles of incorporationa company. […]

2021 年 6 月 1 日

Introduction to SPACs (Taiwan)

Jaime Cheng, Jack Hsieh[1] Despite being around since the 1990s, in the last two years, we’ve seen a significant surge in the number of public offerings conducted via special purpose acquisition companies (“SPACs”) in the United States. The number of […]

2021 年 6 月 1 日

Regulations of the Supreme People’s Court on Issues in the Handling of Administrative Applications for Retrials (Mainland China)

Di Wu In order to effectively protect the right of a party to apply for retrial and thoroughly and effectively resolve administrative disputes, as well as leverage the administrative trial practice of the people’s courts, the Supreme People’s Court formulated […]

2021 年 6 月 1 日

Constraining competitors from participating in competition through an exclusive distribution agreement will constitute a concerted action under the Fair Trade Law (Taiwan)

Aaron Chen & Sally Yang[1] With respect to the case involving the concerted action of three pharmaceutical companies, namely, TTY Biopharm Co., Ltd. (hereinafter, “Company A”), Lotus Pharmaceutical Co., Ltd. (hereinafter, “Company B”), and Otsuka Pharmaceutical Co., Ltd. (hereinafter, “Company […]

2021 年 6 月 1 日

Measures for the Supervision and Administration of Online Transactions (Mainland China)

Joyce Wen The State Administration for Market Regulation promulgated the Measures for the Supervision and Administration of Online Transactions (the “Measures”) on March 15, 2021 to refine certain provisions of the Electronic Commerce Law of the People’s Republic of China […]

2021 年 6 月 1 日

Regulations on the Supervision and Administration of Medical Devices (Mainland China)

Karl Zhang On February 9, 2021, the State Council promulgated the amended Regulations on the Supervision and Administration of Medical Devices (the “Regulations”), which will go into effect on June 1, 2021. The Regulations are highlighted as follows: 1. Categorized […]

2021 年 6 月 1 日

10 Technology-based Intellectual Property Rights Model Cases Before the Intellectual Property Court of the Supreme People’s Court in 2020 (Mainland China)

Jolene Chen On February 26, 2021, the Intellectual Property Court of the Supreme People’s Court published the 10 Technology-based Intellectual Property Rights Model Cases in 2020 (the “Cases”). The Cases play an important role in providing guidance in technology-based intellectual […]

2021 年 6 月 1 日

Interpretation of the Supreme People’s Court on the Application of Punitive Damages in Civil Intellectual Property Rights Infringement Cases (Mainland China)

Jolene Chen The Supreme People’s Court released its Interpretation on the Application of Punitive Damages in Civil Intellectual Property Rights Infringement Cases (the “Interpretation”) on March 2, 2021. Looking at the newly amended intellectual property right law series in the […]

2021 年 5 月 28 日

Application issues and matters to note after the launch of the new scheme for the determination of mainland area investors (Taiwan)

Teresa Huang and Angela Wu[1] The new version of the criteria for the determination and examination of mainland area investors, i.e., the Regulations for the Permission of Investment in Taiwan by the People from the Mainland Area as amended (hereinafter, […]

2021 年 5 月 24 日

Impact of COVID-19 on Convening Shareholder Meetings – Update

Emily Chueh/Elva Chuang As a follow up of Lee, Tsai & Partner’s previous article on the impact of COVID-19 on convening shareholder meetings, the Department of Commerce of the Ministry of Economic Affairs has issued a press release at 20:46 […]