LATEST LEGAL NEWS
MOEA ESTABLISHED LOCAL DEVELOPMENTAL FOUNDATION TO STRENGTHEN THE INTEGRATION OF REGIONAL RESOURCES
The Executive Yuan made a resolution to develop regional industries in July 2008. It aimed to improve prosperity in economy and increase job opportunities in districts. Then the Executive Yuan published Regulations for Receipts, Expenditures, Custody and Utilization of regional developmental Foundation according to Article 21 of Budget Act on 26th December, 2008. The mentioned regulations were implemented on 1st January 2009...[more]
TMOEA CARRIED OUT PARTICULAR PROJECT TO IMPROVE COMMUNICATIONS BETWEEN THE HERBAL INDUSTRIES OF CROSS-STRAIT
Ministry of Economic Affairs started particular project named "Bridge-building" to establish cooperative relationship and strengthen communications between industries of Taiwan and China since November 2008. By way of "one year for interchange, two years for negotiation and three years for collaboration" between industries, government and academic institutions, the goals will be to establish cooperative system, promote international competency, improve development of industry and link with global society....[more]
A POSITIVE LEGISLATIVE REFERENCE FOR PROMOTING SECURITIZATION OF R&D ACHIEVEMENT , THE LEGISLATIVE YUAN THREE READ THROUGH THE REAL ESTATE SECURITIZATION ACT AMENDMENT
Technology research and development (R&D) is a crucial power for growth of national economy, and then utilization of R&D achievement is also important. In addition to authorizing or selling an existent R&D achievement, technology industries are also interested in the opportunity and approach to get stable and long-term funding during R&D process....[more] THE NEW TRADEMARK IDENTIFICATION EXAMINATION STANDARD ENFORCED, THE DIFFICULTY OF APPLYING TRADEMARK INCREASES
The Trademark Identification Examination Standard enacted by the Intellectual Property Office came into effect on January 1, 2009, and the old Trademark Identification Examination Principal won’t apply any more. The enterprises, who apply the trademark including the historical person, geographical name, slogan, surname and so on, have to prove its identification except descriptive words....[more]
EXECUTIVE YUAN PASSED THE DRAFT OF "ANTI-SPAM ACT"
Executive Yuan passed the draft of Anti-Spam Act proposed by National Communications Commission (NCC) on February 26th, declaring a war against the overloaded distribution of unsolicited commercial emails. Recipients of unsolicited commercial emails in the future may file an action against illegal distributors and claim for pecuniary damages from NT$500 to NT$2000 per email....[more]
PRESIDENT PROMULGATED ACT GOVERNING THE ISSUANCE OF ELECTRONIC STORED CARD
The new act governing the issuance and management of electronic monetary cards ("Act Governing the Issuance of Electronic Stored Card") was promulgated by the President of Taiwan on 23 January 2009. The Act was drafted with reference to the experience of foreign authorities in the regulation of multi-purpose stored-value cards, and appoints the Financial Supervisory Commission ("FSC") as the regulatory authority after several rounds of discussions in the Legislative Yuan (Article 2)....[more]
RECENT DEVELOPMENTS "PATENT LINKAGE" - IMPEDIMENT OR STIMULANT TO PHARMACEUTICAL R&D AND COMPETITION? AN OVERVIEW ON THE DEVELOPMENT OF THE INTERACTION BETWEEN PATENTS AND PHARMACEUTICAL REGULATORY APPROVAL
Basically, a national drug authority approves or registers a new drug only when it meets the standards of safety, efficacy and quality required by laws. Whether an applicant infringes others patent rights will not be considered during drug examination procedure. The rational behind this is that the patent rights belong to private right, hence, the applicant shall implement his/her right himself/herself through court actions. The drug authority does not have such a duty to ensure his/her patent rights been protected within the regulatory review process....[more]
U.S. MEDICAL DEVICE AMENDMENT AND THE DISPUTE THEREOF
The Medical device is different from the daily consumer product, not only the characteristic of the medical device is danger and the treatment result is unlikely to be expected, but also the medical device has to be approval before marketing. On February 20, 2008, the Supreme Court affirmed the Second Circuit decision in Riegel v....[more]
THE DIFFERENCE BETWEEN THE VOICE OVER INTERNET PROTOCOL AND PUBLIC SWITCHED TELEPHONE NETWORK
This paper uses emergency call service (ECS) for an example to discuss the difference between the voice over internet protocol (VoIP) and public switched telephone network (its difference). We review literature and develop models of law and economic to analyze the present law of VoIP´s ECS in each country. From literature review, we could get that its difference would influence social welfare positively and negatively....[more]
STUDY ON GERMAN CASES OF INTERNET FORUM LIABILITY
Should Internet forum Platform Provider (IPP) be responsible for users´ illegal behavior or irresponsible speech, even they have no idea about those infringements? If yes, to what extent the responsibility is? It is a quite debatable issue. With the expectation to protect users´ free speech, IPP in German normally take the approach of "notice and take down" to protect itself, which means, IPP can be exempt from liability if they "take down" material once upon receive "notice" that it may be unlawful....[more]
LEGAL ISSUE OF NETWORK ACCESS AND INTERCONNECTION IN EU
To accommodate the tendency towards convergence of technologies, European Union approved the current regulatory framework of electronic communications sector on 7 March 2002. The Access Directive harmonizes the way in which Member States regulate access to, and interconnection of, electronic communications networks and associated facilities, so as to achieve effective competition on relevant markets and to ensure interoperability of electronic communications services and consumer benefits....[more]
