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2020 年 9 月 1 日

If the employee has provided credible evidence for the facts asserted, and the employer has not argued against the evidence, then the employee’s request under the employment contract is justified (Taiwan)

Angela Wu The Taipei District Court rendered the 108-Lao-Jian-10 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that if the employee has provided credible evidence of the facts asserted, and the employer has not argued against the evidence, then […]
2020 年 9 月 1 日

Circular of the General Office of the Ministry of Commerce and the General Office of the General Administration on Market Regulations to Further Improve the Foreign Investment Information Reporting System and Ex Post Supervision (Mainland China)

Joyce Wen On June 30, 2020, the General Office of the Ministry of Commerce and the General Office of the State Administration for Market Regulation issued the Circular on Further Improvements to the Foreign Investment Reporting System and Ex Post […]
2020 年 9 月 1 日

The standards for changing the legal provisions applied by the prosecutor shall be the basic facts relied on for the prosecution and the commonality of the nature of the crimes (Taiwan)

Emily Chueh The Supreme Court rendered the 108-Tai-Shang-3327 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that the standards applied by the court to change the legal provisions applied by the prosecutor shall be the basic social facts relied […]
2020 年 9 月 1 日

The 19th Set of Guiding Cases From the Supreme People’s Procuratorate (Mainland China)

Di Wu The Supreme People’s Procuratorate held a press conference on “Strengthening the Supervision on the Implementation of Penalty Changes to Promote Win-Win Situations” on June 3, 2020.  The 19th set of guiding cases was released to clarify the application […]
2020 年 9 月 1 日

Trademark Infringement Determination Standards (Mainland China)

Jolene Chen In order to further strengthen guidance in trademark enforcement, unify enforcement standards, improve the level of enforcement and strengthen the protection of trademark rights, the State Intellectual Property Office formulated the Trademark Infringement Determination Standards on June 15, […]
2020 年 9 月 1 日

If the trademark holder claims that the trademark is a well-known mark, it shall provide sufficiently objective evidence to proof that the trademark has been generally recognized by relevant businesses or consumers (Taiwan)

Yuki Chiang The Intellectual Property Court rendered the 108-Min-Shang-Su-61 Decision of April 28, 2020 (hereinafter, the “Decision”), holding that although a trademark holder asserting that the trademark is a well-known mark, still the trademark shall not be regarded as a […]
2020 年 9 月 1 日

Guiding Opinions III of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus (Mainland China)

Jolene Chen After the Guiding Opinions (I and II) of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus, the Supreme People’s Court issued the Guiding Opinions (III) (the “Guiding Opinions (III)”) on 8 […]
2020 年 9 月 1 日

The One Not Loved Is the Other Man/Woman?A Perspective on the Decriminalization of Adultery Based on Judicial Interpretation No. 791(Taiwan)

Tiffany Hsiao The Council of Grand Justices of the Judicial Yuan declared on May 29 via Judicial Interpretation No. 791 (Effect of the Offense of Adultery and Withdrawal of Charges)[1] that Article 239 of the Criminal Code, which does not […]
 

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