2017 年 10 月 31 日

Overview of the “Inspector Appointed upon Application by Minority Shareholders System” under Article 245 of the Company Act (Taiwan)

2017.10.2 Grace Chiang Under the structure of corporate governance where the management right is separated from the ownership, most shareholders do not directly participate in the operation and management of the company, and the company’s operating information such as finance […]
2017 年 9 月 30 日

My Articles Are Drug Advertisements?! A Preliminary Treatise on Examination Standards for Drug Advertising Concerning Medical Devices -(Taiwan)

2017.9.24 Oli Wong In view of increasingly diverse marketing and advertising strategies and approaches in recent years, communications about products on TV, radio or print media can no longer attract public attention due to continued advancement of technologies. As the […]
2017 年 8 月 31 日

Dilemma Facing the Promotion of Organic Agriculture in Taiwan and Strategies for Coping with Recent Laws and Regulations(Taiwan)

2017.7.20 Yi-Shan Cheng The Council of Agricultural Affairs (hereinafter, the “COA”) announced the most recent subsidy program, which is the Guidelines on Subsidies for Organic and Environmentally Friendly Farming (hereinafter, the “Subsidy Guidelines”), for organic agriculture on May 2017. Under […]
2017 年 8 月 8 日

On Classified Registration and Administration of Medical Devices in Taiwan(Taiwan)

2016.10.20 Teresa Huang With the global trend of aging populations and the increase of all kinds of cancer and chronic disease patients, the demands for medical devices in human societies will definitely continue to grow. On top of distance medical […]
2017 年 8 月 8 日

Evolution and Meaning of the Stipulation “for the Purpose of Marketing” under Article 5 of the Current Trademark Law(Taiwan)

2016.09.23 Jane Tsai I. Evolution of the stipulation “for the purpose of marketing” under Article 5 of the current Trademark Law The definition of the use of a trademark under the Trademark Law in Taiwan has always been linked to […]
2017 年 8 月 8 日

Representation and Warranties of Sellers(Taiwan)

2016.08.20 Jaime Cheng For anyone familiar with the sale of a company, the lengthiest section, and perhaps most taxing part, of a purchase agreement is typically the section on representations and warranties. The density and the complexity of the representations […]
2017 年 8 月 8 日

Should Online Auction Platform Service Operators be Responsible for Buyers?(Taiwan) – Brief Commentaries on Patent Infringement Liabilities –

Oli Wong Currently with plenty of online auction channels, not only is it possible to set up a website to sell goods but goods may also be sold in an online store set up on an auction platform established by […]
2017 年 8 月 8 日

Legal Risks of Crowd Funding Platforms (Mainland China)

Li-kang Weng Crowd equity funding has been generally understood as primarily referring to an intermediary platform by which an entity, through the use of an electronic intermediary platform such as the Internet [1], engage in a small-scale public equity funding […]
2017 年 8 月 8 日

Brief Commentaries on the 2015 Amendments to the Personal Data Protection Law(Taiwan)

Emily Chueh After the Computer-processed Personal Data Protection Law was promulgated for the first time on August 1, 1995, the first major amendments were promulgated on May 26, 2010, when the law was also renamed as the Personal Data Protection […]
2017 年 8 月 8 日

U.S. Doctrine of Patent Exhaustion – A summary of Lexmark International v. Impression Products(Taiwan)

Melanie Lo & Leo Wang On February 12, 2016, in Lexmark International v. Impression Products, Case No. 14-1617, the Federal Circuit en banc reaffirmed two of its prior holdings: 1) that a patentee can restrict the reuse or resale of […]
2017 年 8 月 8 日

Does a foreign company which has no subsidiary or branch office in Taiwan violate Article 371, Paragraph 2 of the Company Act if it generates business revenues in Taiwan? (Taiwan)

Angela Wu Pursuant to the taxation principles under the Income Tax Act of the Republic of China (ROC), any income which “originated from the ROC” should be taxed.  In addition, Article 73, Paragraph 2 of the Income Tax Act provides […]
2017 年 8 月 8 日

Introduction of the Convening Right of Minority Shareholders under Article 173, Paragraph 4 of the Company Law(Taiwan)

Jenny Chen Under the current Company Law, basically both a general shareholders’ meeting and a special shareholders’ meeting are convened by the board of directors. However, if the board of directors fails to or cannot convene a shareholders’ meeting to […]
2017 年 8 月 8 日

Amendments to the Government Procurement Law Concerning Mediation of Construction and Technical Service Cases(Taiwan)

Luke Hung The amended Article 73-1, Article 85-1 and Article 86 of Government Procurement Law (hereinafter, the “Law”) were promulgated on January 6, 2016, and the provisions concerning “the schedule and examination procedure for payment by the procuring agency,” the […]
2017 年 8 月 8 日

ÒWanton or Malicious BehaviorÓ: How will the Supreme Court Revise the Willful Patent Infringement Rules?(Taiwan)

Ankwei Chen Last October, the Supreme Court granted certiorari to a pair of cases from the Federal Circuit, Halo Electronics v. Pulse Electronics and Stryker Corporation v. Zimmer Inc. regarding the standard for determining when enhanced damages for patent infringement […]
2017 年 8 月 8 日

Preliminary Introduction on the Initial Application of Limited Partnership Law Ð Focusing on Cultural and Innovative Sectors and Private Equity Funds(Taiwan)

Young Zheng The newly enacted Limited Partnership Law is different from traditional partnership provisions under the Civil Code in that a partnership is granted a juristic person status, and that partners consist of general partners and limited partners based on […]
2017 年 8 月 8 日

Law has a role to play in your health, and how fat you are(Taiwan)

2017.01.03 Tiffany Wu Introduction In the midst of the fast-paced, busy lives that society leads, it might be easy to overlook the place that law plays in our lives, especially with respect to our food and our weight. If you […]
2017 年 8 月 8 日

The Clothes Make the Person(Taiwan)

2016.11.25 Ankwei Chen The expression Òthe clothes make the (wo)manÓ may be taken as a commentary that human beings are first and foremost visual creatures, and how we perceive each other is, for better or worse, at least initially affected […]
2017 年 7 月 31 日

Introduction and analysis of the May 2017 draft partial amendments to the Company Law(Taiwan)

2017.7.18 Emily Chueh To accommodate the challenges and demands for prosperous development and economic transformation from innovative enterprises, the Ministry of Economic Affairs introduced the system of closed company limited by shares to provide room for corporate autonomy. However, since […]
2017 年 6 月 30 日

Handling principles followed by various agencies in Taiwan when they consider if foreign suppliers are to be allowed in a procurement tender(Taiwan)

2017.6.16 Angela Wu When confronted with a foreign supplier participating in a procurement tender, the procuring agency in Taiwan basically follows Article 17 of the Government Procurement Law and its ancillary laws. This article introduces step by step the handling […]
2017 年 5 月 31 日

Net Neutrality and the Draft Digital Communications Law(Taiwan)

2017.5.5 Sean Liu Principle of net neutrality The principle of net neutrality means that an internet service provider is required to treat all network packet data fairly and cannot discriminate or provide any priority based on agreements, contents, applications, sources, […]
2017 年 4 月 30 日

Development of Reclaimed Water Resources – the Reclaimed Water Resources Development Statute and its Ancillary Laws(Taiwan)

2017.3.31 Luke Hung As a result of climate change and water usage demands, Taiwan has suffered from frequent droughts and has even taken water-rationing measures during the transition between winter and spring in recent years. Since 2012, the Water Resources […]