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  Quarterly Issue Apr 2010
Quarterly Issue Apr 2010 NO.01


LATEST LEGAL NEWS



THE LEGISLATIVE YUAN HAS PASSED THE DRAFT STATUTE OF HUMAN BIOBANK MANAGEMENT THROUGH ENTIRE THREE-READING PROCEDURE



To investigate the relationship between disease and multiple factors and to proceed with possible prevention, The Legislative Yuan Social Welfare and Healthy Environment Committee has passed "the draft statute of human biobank management" through primary reviewing process on December 30, 2009 and subsequently passed through entire three-reading procedure on January 7, 2010...[more]




EXECUTIVE YUAN SUMMONED ENERGY SAVING & CARBON REDUCTION MEETING AND RELATED FACILITATING MECHANISM



Energy Saving and Carbon Reduction(ESCR) meeting summoned by Li-luan Chu, Vice-Premier of the Executive Yuan of the R.O.C. in January 18, 2010. In this meeting, Ministry of Economic Affairs(MOEA), Council for Economic planning and development(CEPD)and Environmental Protection Administration(EPA)reported jointly. Chu dictated during the meeting that CEPD will map out the framework, designate the timetable of ESCR Master Plan(the Plan). The Plan will be supervised by Ministers without Portfolio....[more]




DRAFT AMENDMENT OF THE PATENT ACT MAY PROMOTE BIOTECH AND MEDICAL INDUSTRIES



Executive Yuan submitted a draft amendment of the Patent Act to Legislative Yuan for approval on December 3, 2009. The draft amendment modifies many articles to provide more friendly circumstances for the development of a variety of industries. By following the modern trends and facts of industries and societies, the draft amendment should stimulate the development of the economy and enable industries to face international competition. The draft amendment includes three modifications as following that are especially important to the biotech and medical industries....[more]




DEPARTMENT OF HEALTH (DOH) HAS PROMULGATED "REGULATION OF HUMAN SUBJECT RESEARCH"



Advances in medicine is based on innovative and intensive clinical researches, as human subject research may face many risk and conflict of interest, the issue of protection of human rights and benefits of the testee has raised concerns in recent years; thus, DOH has promulgated "Regulation of Human Subject Research"(Hereinafter refer to as "Regulation") in December, 2009, with an effort to establish a legal framework that adequately provided ethical standards and legal norms for human subject research....[more]




THE MINISTRY OF ECONOMIC AFFAIRS AND THE MINISTRY OF JUSTICE HAVE DESIGNATED NON-STORE RETAILER IN APPLICATION OF THE COMPUTER-PROCESSED PERSONAL DATA PROTECTION LAW



The Ministry of Economic Affairs and The Ministry of Justice on February 9, 2010 have designated non-store retailers(electronic shopping and mail-order houses) in application of the Computer-Processed Personal Data Protection Law(CPPDPL) from July 1, 2010. And hence the non-store retailer would be regulated by two critical provisions of CPPDPL....[more]




NCC ANNOUNCED THE "DIGITAL CABLE TV BROADCASTING EXPERIMENTAL AREA PLAN"



The National Communications Commission (NCC) announced its "Digital Cable TV Broadcasting Experimental Area Plan" on February 3, 2010, in order to encourage the cable TV broadcasting system operators to draw up "digital service experimental area plans" to provide better and multiple services to consumers....[more]



RECENT DEVELOPMENTS


DISCUSSION ON INTELLECTUAL ASSETS DISCLOSURE FRAMEWORKS



In the knowledge economy era, technology; intellectual property; customer and community network; organizational structure and human resource, termed "intellectual assets", are said to be the main driving forces for a corporation to sustain growth and general profits. Effective exploitation of these assets is likely to boost productivity and improve prospects for economic growth. However, existing rules governing corporate financial disclosure do not adequately capture the value of these assets and only portray past business performance....[more]




THE STUDY OF PATENT COMPULSORY LICENSE HIERARCHY BASED ON THE DISPUTE OF GIGA-STORAGE V. PHILLIPS



The local patent law regulates that compulsory license may be permitted if the user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. The measure should be processed carefully due to it constrains the right of the holder....[more]




A GENERAL REVIEW OF GMO REGULATION IN TAIWAN



Genetically modified technology (GMO) has become more advanced and popular during the past tweenty years. In this context, it is necessary to build up a appropriate and definite infrastructure of regulations in the current stage....[more]




STUDY ON TAIWAN´S GMO INDUSTRIALIZING MODEL OF "R&D DOMESTIC AND PRODUCE OVERSEAS IN TAIWAN - AN EXAMINATION FROM THE LEGAL POINT OF VIEW



So far, Taiwan has invested billions of resources in mega research program of agricultural biotechnology between 1997-2009, and has gradually built large-scale infrastructure (such as important core laboratories, various types of institutions for field trials, testing platforms) for research and deployment of genetically modified organisms (GMO)....[more]




STUDY ON TAIWAN´S GMO INDUSTRIALIZING MODEL OF "R&D DOMESTIC AND PRODUCE OVERSEAS IN TAIWAN - AN EXAMINATION FROM THE LEGAL POINT OF VIEW



So far, Taiwan has invested billions of resources in mega research program of agricultural biotechnology between 1997-2009, and has gradually built large-scale infrastructure (such as important core laboratories, various types of institutions for field trials, testing platforms) for research and deployment of genetically modified organisms (GMO)....[more]




TECHNOLOGY GOVERNANCE AND POLITICAL TRANSFORMATION-A COMPARATIVE STUDY ON THE GMO RISK GOVERNANCE



Biotechnology is developed fast and makes great impacts on ethics and normal. These impacts including the themes of transgressing nature, courting the unknown, have been very important issues in the modern society. These are presented in genetically modified organs (GMO)....[more]



 
 

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