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Law News (2028) Firm News (247)

September 2017

Even though an enterprise winning transaction opportunities through false advertising provides supplemental or corrective explanation to its trading counterparts, the liability for false advertising still cannot be released(Taiwan)

September 2017

A purchase negotiation service agreement consists of a transaction contract and an intermediary contract; as the transaction contract only exists between the buyer and seller and not between the business entity and the consumer, the review period under the Consumer Protection Law does not apply(Taiwan)

September 2017

Although the disclaimed portion of a trademark device is included for overall trademark comparison, still since non-distinctive portions are not identifiers that identify the sources of goods or services, the non-distinctive portions will be given less attention at the time of comparison(Taiwan)

September 2017

If a land improvement owner objects to the amount of compensation or refuses the demolition while medication is conducted by the competent authority after mediation by a land reconsolidation association fails, this does not change the nature of this matter as a private right dispute(Taiwan)

September 2017

The Ministry of Labor requires that when a worker is requested to work on a rest day under Article 36 of the Labor Standards Act, if the work is discontinued due to a natural disaster, the wage for that day shall still be paid pursuant to the provision concerning overtime pay for rest days(Taiwan)

September 2017

Since wages converted from untaken special leave upon termination of the contract are income after the termination of the contract, it is permissible not to include them in the calculation of the average wage(Taiwan)

September 2017

Beginning with next year, unregistered cram schools or those in a company format are required to pay business taxes, but registered cram schools under personal applications are still exempt from such taxes(Taiwan)

September 2017

Relevant requirements concerning the application of tax incentives under Article 39, Paragraph 1 of the Enterprise Mergers and Acquisitions Law as well as controlled matters under Paragraph 2 of the same article to the division of a company pursuant to the same law(Taiwan)

September 2017

After a husband and wife have divorced, if it is agreed that one of them will hold the parental right over their minor children, the party who holds the parental right may independently entrust another person in writing to perform the function of a guardian (Taiwan)

September 2017

When a party denies that an unfavorable statement outside of the trial was given arbitrarily, if the entire process was not audio recorded without interruption or if the audio recording was muted or covered or if the recording process was interrupted, such testimony is hardly admissible evidence (Taiwan)
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