Categories

April 2020

Copyright

Although the Copyright Law protects the right of the commissioning party to exploit the works, nevertheless such exploitation right is not without restriction and still needs to meet legal or contractual requirements (Taiwan)

April 2020

Patent

The so-called "availability to the public" concerning prior art during the examination of inventive steps means that a prior art reference has been disclosed with its technical details in such a state that they become available to the public, and it is not required that the technical details have actually been known to the public (Taiwan)

April 2020

Arbitration / Litigation

Since a legal representative and a juristic person have a relationship concerning one subject of right, while an agent and a principal have a relationship concerning two subjects of right, both the legal characteristics and effects of the two scenarios are different (Taiwan)

April 2020

Arbitration / Litigation

Admission means that a party admits the fact asserted by the other party, and the fact asserted by a party is not required be substantiated if it is admitted by the other party (Taiwan)

April 2020

Arbitration / Litigation

If the court fails to explore the criteria for the establishment or lapse of the effect of the incidental provisions in an administrative disposition rendered by an administrative agency in detail, the court decision would violate laws and regulations (Taiwan)

April 2020

Other Areas

The applicant of a personal insurance should have the right to independently decide if the right to terminate the insurance contract is to be exercised, and the enforcement court shall not terminate the contract on behalf of the applicant and has no right to order the insurance company to terminate the contract, either (Taiwan)