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  Quarterly Issue June 2008
Quarterly Issue June 2008 NO.02


LATEST LEGAL NEWS



THE ERA OF PROFESSIONALLY HANDLING INTELLECTUAL PROPERTY RIGHTS LITIGATIONS IS COMING



It is confirmed that the Intellectual Property Rights law and new legal proceedings which have been planned by the Judicial Yuan for several years will take effect on this July 1st. According to Article 7 of Intellectual Property Case Adjudication Act and sub-clause 1 and 4 of Article 3 of Intellectual Property Court Organization Act...[more]




DEALING WITH THE REPEAL OF THE STATUTE FOR UPGRADING INDUSTRIES, THE NEW GOVERNMENT EXPECTS TO COMPLETE THE LEGISLATION DURING NEXT YEAR



The Ministry of Finance has indicated that they have already communicated with Ministry of Economic Affairs regarding several subjects of related measures after the Statute for Upgrading Industries has been repealed and relevant matters...[more]




COMPULSORY LICENSING WAS APPROVED TO MATCH UP AMENDMENT OF WTO



The Legislative Yuan approved the third reading of the 31bis of the amendment to a WTO agreement on 23 May 2008. According to original Trade-related Aspects of Intellectual Property Rights (TRIPS) Article 31(f), any medicine produced under compulsory licensing shall be authorized predominantly for the supply of the domestic market ...[more]




GREENHOUSE GAS REDUCTION ACT IS PENDING WHILE INFRASTRUCTURE IS UNDEFINED



Health, Environment and Labor Committee of the Legislative Yuan deliberated the bill of Greenhouse Gas Reduction Act on April 15, 16 2008. Lacking of supplementary measures such as general goal of emission controls, concrete process, relevant policies on climate change, and allocation of carbon emission...[more]




NCC MODIFIED REGULATIONS GOVERNING FIXED NETWORK TELECOMMUNICATIONS BUSINESSES TO LOWER TRADE BARRIERS



National Communication Commission (NCC) modified the Regulations Governing Fixed Network Telecommunications Businesses on Jan, 2008 to fulfill Taiwan’s World Trade Organization (WTO) accession commitments and to encourage new participants into telecommunication market. The new regulations include: ...[more]




THE DATA PROTECTION LAW DRAFT AMENDMENT WAS PRELIMINARILY PASSED AT THE LEGISLATIVE YUAN OF TAIWAN



Although the current Computer-Processed Personal Data Protection Law was enacted on 11th August 1995, it has begun attracting much attention recently because of a great many personal data breach cases. As the rapid development of information and communication technology and the well-operated business model of electronic commerce bring our daily life more convenience, many businesses try to collect and utilize a lot of personal data for marketing purposes...[more]



RECENT DEVELOPMENTS


DISCUSSION OF THE PROBLEM OF 35 U.S.C. §271(F)



35 U.S.C. §271(f) was legislated by the U.S. Congress in order to close the loophole addressed in the Deepsouth case of the U.S. Supreme Court. However, in recent years, when the American courts try to apply 35 U.S.C. §271(f) to the cases related to process claims or software code, they face serious difficulties...[more]




THE POLICY OF INNOVATIVE R&D AND PROMOTION FOR INDUSTRIAL COMPETITIVENESS



Under the age of the innovation be valued by the global advanced countries, after Taiwan economy conversing to become the industrial innovation-driven along with the economical growth power, how to utilize the energy of R&D to drive promotion of the industrial competitiveness continually, the policy of innovative and industrial R&D is acting a pioneer role...[more]




OPPORTUNITIES AND POLICY TREND FOR TAIWAN BIOTECHNOLOGY AND PHARMACEUTICAL INDUSTRIES IN 2015



Rapid advances in biotechnology and medical science have made important progress in the areas of disease treatment, food production, environment and life quality...[more]




GOVERNMENT R&D GRANTS FOR DOMESTIC ENTERPRISES AND THE SCM AGREEMENT



Since the provisions of Article 8 and Article 9 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement), regarding with Non-actionable Subsidies, shall not apply after a period of five years, beginning with the date of entry into force of the WTO Agreement, and its application did not be extended by the SCM Committee in 2000...[more]



STUDY ON THE REGULATORY FRAMEWORK OF R&D RESULTS



Since the provisions of Article 8 and Article 9 of the Agreement on Subsidies and Faced with globalization competition, many countries have made their own overall and comprehensive arrangement for future industrial development...[more]



ACCOMMODATION FOR GEOGRAPHICAL INDICATION UNDER INTERNATIONAL TRADE ASPECT



There is difference between geographical indication (GI) and trademark, the subjects protected by the geographical indication include agricultural and food-stuffs. All goods and service falling within the Classes 1 to 45 of the Classification are protected by trademarks...[more]



 
 

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