Leetsai Lee, Tsai & Partners

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Employment in disguise? Gig economy and employment law (Taiwan)

May 2020

Interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the broadest reasonable interpretation at the time of application (Taiwan)

May 2020

When a court investigates evidence at its own initiative, the parties should be given a chance to state their opinions. If this procedure is not followed and the results of evidence investigation are directly relied on as the basis for its judgment, the judgment would be legally defective (Taiwan)

May 2020

If civil servants willfully or negligently violate the freedom or rights of the people in the performance of their duties and the exercise of government authority with actual damage to the parties, the state shall be liable for compensation (Taiwan)

May 2020

Business taxes basically are value-added business taxes, and the balance of the output tax less the input tax as filed for the current period should serve as the payable or overpaid business tax amount for the current period without giving rise to the issue of double taxation (Taiwan)

May 2020

If a borrowed name contract is permitted, this will affect an insurer's insurable risk and interest assessment; and, therefore, if an insurance contract is used as an object of such borrowed name contract, such contract should be deemed invalid for violation of public policy (Taiwan)

May 2020

Improper medical treatment shall not be deemed as medical malpractice unless a causal link may be established between such improper treatment and the result (Taiwan)

May 2020

Even though supervisors do not sign financial reports before leaving office, still it is not appropriate to directly conclude that they are not liable for any falsehood of the financial reports (Taiwan)

May 2020

If the names, trade names or company names of others are not generally known to relevant enterprises or consumers, the use of such identical or similar name can hardly be found to constitute unfair competition (Taiwan)

May 2020

A party's denial of access to a road by land owners within the community does not change the nature of the land being used as a community road under a development and construction project; and, therefore, the land use does not violate the control regulations (Taiwan)

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Employment in disguise? Gig economy and employment law (Taiwan)

Interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the broadest reasonable interpretation at the time of application (Taiwan)

When a court investigates evidence at its own initiative, the parties should be given a chance to state their opinions. If this procedure is not followed and the results of evidence investigation are directly relied on as the basis for its judgment, the judgment would be legally defective (Taiwan)

If civil servants willfully or negligently violate the freedom or rights of the people in the performance of their duties and the exercise of government authority with actual damage to the parties, the state shall be liable for compensation (Taiwan)

Business taxes basically are value-added business taxes, and the balance of the output tax less the input tax as filed for the current period should serve as the payable or overpaid business tax amount for the current period without giving rise to the issue of double taxation (Taiwan)

If a borrowed name contract is permitted, this will affect an insurer's insurable risk and interest assessment; and, therefore, if an insurance contract is used as an object of such borrowed name contract, such contract should be deemed invalid for violation of public policy (Taiwan)

Improper medical treatment shall not be deemed as medical malpractice unless a causal link may be established between such improper treatment and the result (Taiwan)

Even though supervisors do not sign financial reports before leaving office, still it is not appropriate to directly conclude that they are not liable for any falsehood of the financial reports (Taiwan)

If the names, trade names or company names of others are not generally known to relevant enterprises or consumers, the use of such identical or similar name can hardly be found to constitute unfair competition (Taiwan)

A party's denial of access to a road by land owners within the community does not change the nature of the land being used as a community road under a development and construction project; and, therefore, the land use does not violate the control regulations (Taiwan)

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Recent Articles

[Press Interview] Jaclyn Tsai was invited by TechOrange to participate in the "TechFin vs FinTech: The New Global Financial Battle Over Stablecoins, and Why Taiwan Cannot Be Absent" podcast on August 16, 2025.

September 2025

[Speech Engagement] Jaclyn Tsai was invited by Cathay Financial Holdings to deliver a keynote speech titled "How Exchanges Should Handle its Coopetitive Relationship with Financial Institutions" at its Digital Asset Trends Forum held on August 21, 2025.

September 2025

[Speech Engagement] Jaclyn Tsai was invited by the Ministry of Justice Investigation Bureau to deliver a speech titled "Virtual Asset Trading and Financial Crime Issues" at the "Financial and Banking Specialist Courses - Intermediate Certification Workshop" on September 16, 2025.

September 2025

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Employment in disguise? Gig economy and employment law (Taiwan)

Interpretation on the scope of application claims in reference to embodiments and drawings in a specification should be based on the broadest reasonable interpretation at the time of application (Taiwan)

When a court investigates evidence at its own initiative, the parties should be given a chance to state their opinions. If this procedure is not followed and the results of evidence investigation are directly relied on as the basis for its judgment, the judgment would be legally defective (Taiwan)

If civil servants willfully or negligently violate the freedom or rights of the people in the performance of their duties and the exercise of government authority with actual damage to the parties, the state shall be liable for compensation (Taiwan)

Business taxes basically are value-added business taxes, and the balance of the output tax less the input tax as filed for the current period should serve as the payable or overpaid business tax amount for the current period without giving rise to the issue of double taxation (Taiwan)

If a borrowed name contract is permitted, this will affect an insurer's insurable risk and interest assessment; and, therefore, if an insurance contract is used as an object of such borrowed name contract, such contract should be deemed invalid for violation of public policy (Taiwan)

Improper medical treatment shall not be deemed as medical malpractice unless a causal link may be established between such improper treatment and the result (Taiwan)

Even though supervisors do not sign financial reports before leaving office, still it is not appropriate to directly conclude that they are not liable for any falsehood of the financial reports (Taiwan)

If the names, trade names or company names of others are not generally known to relevant enterprises or consumers, the use of such identical or similar name can hardly be found to constitute unfair competition (Taiwan)

A party's denial of access to a road by land owners within the community does not change the nature of the land being used as a community road under a development and construction project; and, therefore, the land use does not violate the control regulations (Taiwan)

Categories

Recent Articles

[Press Interview] Jaclyn Tsai was invited by TechOrange to participate in the "TechFin vs FinTech: The New Global Financial Battle Over Stablecoins, and Why Taiwan Cannot Be Absent" podcast on August 16, 2025.

September 2025

[Speech Engagement] Jaclyn Tsai was invited by Cathay Financial Holdings to deliver a keynote speech titled "How Exchanges Should Handle its Coopetitive Relationship with Financial Institutions" at its Digital Asset Trends Forum held on August 21, 2025.

September 2025

[Speech Engagement] Jaclyn Tsai was invited by the Ministry of Justice Investigation Bureau to deliver a speech titled "Virtual Asset Trading and Financial Crime Issues" at the "Financial and Banking Specialist Courses - Intermediate Certification Workshop" on September 16, 2025.

September 2025

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