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2019 年 10 月 31 日

Brief Analysis on the Application of “Patent Contribution Rate” to the Calculation of Damages in Patent Infringement Cases in Taiwan (Taiwan)

Sean Tsou 1. Concept of “patent contribution rate” The so-called “patent contribution rate” means, as it literally suggests, the degree of contribution of a certain patent to the value of a certain product.  This concept has emerged due to the […]
2019 年 10 月 31 日

The Standards for Correction, Rectification or Reporting within the Required Period are amended to specifically provide that the deadline for correcting air pollution violations should be determined on a case-by-case basis (Taiwan)

Fang-Wei Lin The Environmental Protection Administration (hereinafter, the “EPA”) amended the Standards for Correction, Rectification or Reporting within the Required Period Notified for Penalties Imposed Per Violation of the Air Pollution Control Law (hereinafter, the “Standards”) on August 19, 2019 […]
2019 年 10 月 31 日

If a trademark owner requests to eliminate or prevent trademark infringement by an infringer, it is only necessary to determine if the infringer objectively engages in any factual infringement or is likely to infringe with no need to explore the subjective criteria for the infringer (Taiwan)

Luke Hung The Intellectual Property Court rendered the 108-Min-Shang-Su-1 Decision of May 7, 2019 (hereinafter, the “Decision”), holding that if a trademark owner asserts an inaction claim to eliminate or prevent trademark infringement by an infringer, it is only necessary […]
2019 年 10 月 31 日

For a foreign insurance company whose head office is not located in the ROC, interest and property transaction gains earned by its affiliates from their investment in the ROC are business profits generated in the ROC and should be regarded as income generated from sources in the ROC (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 108-Pan-317 Decision of June 27, 2019 (hereinafter, the “Decision”), holding that for a foreign insurance company whose head office is not located in the Republic of China (ROC), interest and property transaction […]
2019 年 10 月 31 日

Whether an offense is established or a criminal penalty should be exempt should be determined based on civil-law relations; and in a civil case where a complaint has been filed, a criminal court has the discretionary right under the law to decide if the criminal trial will be stayed before the civil proceedings are concluded without been bound by any motion of a party, and it is not true that the criminal court that does not stay the trial would violate the law (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-Zi 1099 Criminal Decision of April 18, 2019 (hereinafter, the “Decision”).  According to this Decision, whether an offense is established or a criminal penalty should be exempt should be determined based on civil-law […]
2019 年 10 月 31 日

The “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act only requires the outer shape and appearance of the product to be consistent with the core concept of a tobacco product (Taiwan)

Ankwei Chen The Kaohsiung High Administrative Court rendered the 108-Jian-Shang-Zi-18 Decision on May 7, 2019 (the “Decision”) in which it held that the “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act (“THPA”) only requires […]
2019 年 10 月 31 日

In case an agency has failed to properly maintain a Jersey barrier after it is installed, if an accident occurs because the Jersey barrier is dangling in the air and not completely put on the surface of the road upon occurrence of an accident, a national compensation liability should be assumed (Taiwan)

Jhen-Yi Chen The Taiwan High Court rendered the 106-Chung-Shang-Kuo-11 Decision of August 6, 2019 (hereinafter, the “Decision”), holding that if a citizen’s life, body or property is injured due to inadequate installation or management of public infrastructure, the state should […]
2019 年 10 月 31 日

If a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the irregularities are not corrected before a disposition is rendered, this would meet the requirement for materiality under Article 101, Paragraph 1 of the Government Procurement Law (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-332 Decision of July 11, 2019 (hereinafter, the “Decision”), holding that if a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the […]
 

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