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2021 年 4 月 1 日

Regulations on the Administration of Pollution Discharge Permits (Mainland China)

Karl Zhang On January 24, 2021, the State Council promulgated the Regulations on the Administration of Pollution Discharge Permits (“the Regulations”), which came into force on March 1, 2021 with the following highlights. 1. General provisions An enterprise, business organization […]
2021 年 4 月 1 日

The so-called “identical” technical features refer to three major scenarios, namely the technical features of the patent claim being identical to the corresponding technical features of the accused infringing subject, the difference merely being in the written form or one being directly and unambiguously derivable from the other, and the technical features of the accused infringing subject being subordinate to the corresponding technical features of the patent claim (Taiwan)

Albert Yen The Intellectual Property Court rendered the 108-Min-Zhuan-Shang-45 Decision of October 15, 2020 (hereinafter, the “Decision”), holding that The so-called “identical” technical features refer to three major scenarios, namely the technical features of the patent claim being identical to […]
2021 年 4 月 1 日

Article 188 of the Civil Code does not apply if an employee who engages in a tortious act has lost the qualifications as an employee or if the act objectively does not appear to be engaged to perform job duties or if the act is simply a personal criminal offense not related to the performance of job duties (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-2064 Decision of October 19, 2020 (hereinafter, the “Decision”), holding that Article 188 of the Civil Code does not apply if an employee who engages in a tortious act has lost the qualifications […]
2021 年 4 月 1 日

Provisions of the Supreme People’s Court on Online Docketing Services for Parties to Cross-border Litigation (Mainland China)

Wu Di To enable Chinese and foreign parties to enjoy the same convenient and efficient docketing services, the Supreme People’s Court formulated the Provisions on Online Docketing Services for Parties to Cross-border Litigation (the “Provisions”) on February 3, 2021 in […]
2021 年 4 月 1 日

Photographs and design drawings on product catalogs should be copyrightable (Taiwan)

Yuki Chiang According to the facts underlying the 109-Min-Zhu-Shang-2 Decision of October 22, 2020 judged by the Intellectual Property Court, Appellant, Company A, sought to help its customers and vendors better understand various products by editing and creating product brochures […]
2021 年 4 月 1 日

Any person who obviously undermines the quality of procurement and the performance objectives of a contract by bidding or performing the contract with false documents is covered by Article 101, Paragraph 1, Subparagraph 4 of the Government Procurement Law (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-183 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that any person who obviously undermines the quality of procurement and the performance objectives of a contract by bidding or performing the […]
2021 年 4 月 1 日

A complaint filed by the creditor to cancel the registration of the debtor’s real estate ownership transfer only requires that a third party should be the defendant, and no claim may be asserted against the debtor concurrently (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2868 Decision of November 19, 2020 (hereinafter, the “Decision”), holding that a complaint filed by the creditor to cancel the registration of the debtor’s real estate ownership transfer requires that a third party […]
2021 年 4 月 1 日

Those whose seals are misappropriated are not liable to the holders as the drawers (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Jian-Shang-51 Decision of November 26, 2020 (hereinafter, the “Decision”), holding that since the persons whose seals are misappropriated do not sign negotiable instruments, they are not liable as drawers, and those whose seals […]
 

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