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LTP Special Column (234)
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August 2020
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)
August 2020
Arbitration / Litigation
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)
August 2020
The tax liability for inheritance tax is an inherent liability of the inheritor (Taiwan)
August 2020
Determination Criteria for Exceptional and Special Clauses (Taiwan)
August 2020
Other Areas
It is not appropriate to conclude that medical treatment violated the duty of care solely because it was not as effective as expected (Taiwan)
August 2020
Capital Market / Securities
Since the commissions and securities transaction taxes are necessary costs for an investor's trading of stocks, it is not appropriate to elect to conclude that there is a causal relationship between such costs and an illegal speculative act and to include such costs in the damages incurred by the investor (Taiwan)
August 2020
Infrastructure Projects / Construction Laws
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)
August 2020
LTP Special Column
Opt-in? Opt-out? Precautions for Enterprises Concerning the Design of Two Different Systems (Taiwan)
August 2020
Arbitration / Litigation
If the voluntary consent to a search is withdrawn, the search should stop immediately (Taiwan)
August 2020
Patent
The term "using" under Article 22 of the Patent Act shall include producing, offering for sale, selling, using, or importing that product for the aforementioned purposes. To determine that an invention has been publicly used, its technical contends must have been made public through the aforementioned acts and not necessitated by the actual making, offering for sale, selling, using, or importing that product for the aforementioned purposes by the public. (Taiwan)
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