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  Quarterly Issue Dec 2010
Quarterly Issue Dec 2010 NO.04


LATEST LEGAL NEWS



THE MINISTRY OF ECONOMIC AFFAIRS (MOEA) PROMULGATED SUBSIDY REGULATIONS FOR PROMOTING RESEARCH INSTITUTES TO CONDUCT INDUSTRIAL INNOVATION AND RESEARCH AND DEVELOPMENT AND ASSISTING IN INDUSTRIAL INNOVATION ACTIVITIES, REPEALED THE FORMER REGULATIONS



Since the abolition of “Statute for Upgrading Industries” this year and “Statute for Industrial Innovation” being enacted and official announced on May 12, it provides more policy tools to the central competent authorities and the industry competent authorities in the use of subsidies or assistance to encourage companies, academies and research institutes to invest or involve in industrial innovation and R&D activities, and the most important effect is that it cause a switch of the legal mandate providing for competent authorities to make relevant regulations to support the Technology Development Programs (TDP), awarding grants and incubating companies....[more]



  TO PROMOTE DOMESTIC ENTERPRISES TO PARTICIPATE THE EUROPEAN RESEARCH PROJECT, GOVERNMENT BRINGS UP A NEW MULTILATERAL EUROPEAN INNOVATIVE R&D PROGRAMME
   

For encouraging the domestic “Biomedical”, “Information-Communication” and “Green-Energy” field´s enterprise to participate the “EU Framework Programme” and “Competitiveness and Innovation Framework Programme”, the Industrial Technology Development Program office, Department of Industrial Technology, Ministry of Economic Affairs has officially announced a new “European Multilateral Innovative R&D Member Subsidize Program” on September, 2010, which plans to give finial assistance to the companies that participate in EU Framework Programme....[more]

 
  THE GOVERNMENT AUTHORITY OF PEOPLE´S REPUBLIC OF CHINA AND TAIWAN BEGIN TO ACCEPT THE PRIORITY CLAIM SINCE NOVEMBER 22, 2010
   

The Agreement on Protection of Intellectual Property Rights (IPR Agreement) comes into force on September 12 with Economic Cooperation Framework Agreement (ECFA). The Intellectual Property Office said that the government authority of Taiwan and the People´s Republic of China (PRC) will accept the priority claim of patent, trademark, and right in plant varieties since November 22 and the priority day could trace back to the date from September 12....[more]

 
  TAIWAN´S EXECUTIVE YUAN PROMOTED THE “EMERGING INTELLIGENT INDUSTRIES”, AND COMPLETED "PROGRAM TO PROMOTE THE INDUSTRIALIZATION OF PATENT (DRAFT)"
   

The Executive Yuan in September 2010 to discuss "Program to Promote the Industrialization of Patent (Draft)", the promotion including the commercialization of invention patents, and speed up the review of patent cases. Annual investment of 1,2 billion ,and in the year 101 cases of patent processing time shortened from the current 36 months to 22 months....[more]

 
  AMENDMENT OF “STANDARDS FORM CONTRACT – SPECIFICATION OF CLAUSES THAT MUST/MUSTN´T BE WRITTEN IN ON-LINE GAME CONSUMPTION CONTRACT”
 

 

On the 1st day of December 2010, Ministry of Economic Affairs (MOEA) announced the amendment of “Standards Form Contract – Specification of Clauses that Must/Mustn´t be Written in On-line Game Consumption Contract”, which took into force on the same day. The two-year-old original regulation, which was passed specifically for the game companies to follow, established a standard framework of contract for online games, protecting an online gamer from forcibly accepting any unfair contract clause....[more]

 
  THE IMPLEMENTATION OF E-INVOICE SYSTEM IN TAIWAN IS EXPANDED TOWARD PHYSICAL RETAIL CHANNEL
 

 

On November 18, 2010, Taiwan Ministry of Finance (MOF) announced “Trial Operation Guideline for the Issuing of E-invoice in Physical Retail Channel.” This declares that the implementation of e-invoice system in physical retail channel will be put into practice. Although Taiwan has had rules related to e-invoice since the late 1990s, those mainly have applied to the sphere of e-commerce....[more]

 

LATEST LEGAL NEWS

 
  A DISCUSSION ON THE RECENT CHANGE OF JAPANESE RESEARCH ASSOCIATION
 

 

The Industrial Research Association Act (hereafter "the old act") has been implemented in 1961, in order to facilitate the collaborative R&D activities in Japan. In 2009, the old act has been changed its title to the Research Association Act (hereafter "the old act")....[more]

 
  THE WAY TO PROMOTE MEDICINES ACCESSIBILITY THROUGH MEDICINES PATENT POOL INITIATIVE- GLOBAL TREND AS OUR REFERENCE
   

Patent law has its purpose to promote economic development, while pharmaceutical law´s purpose is to enhance the public health. There will be conflicts while the patent law grants the inventors the monopoly power for lucrative purpose while the soaring prices of drugs make most of the consumers out of the reach of health care system....[more]

 
  IMPORTANT AMENDED PROVISIONS OF THE NEW CHINESE PATENT LAW INFLUENCING TO THE BIOPHARMACEUTICAL INDUSTRY
   

With the execution of the "Cross-Strait Bridging Plan" beginning in late 2008 and the taking into effect of ECFA this year, Taiwan´s high technical industries are more and more interested in investing in or cooperated with China. In particular, the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation seems to promise a more secure legal environment for R & D and innovation activities in mainland China....[more]

 
  A STUDY ON CROSS-STRAIT AGREEMENT ON INTELLECTUAL PROPERTY RIGHT PROTECTION AND COOPERATION
   

Taiwan and China signed an agreement for the protection of intellectual property rights (IPR) in June 2010. Under this agreement, it implies that each side recognizes the priorities of the other and that both agree to process applications for IPR protection....[more]

 
  THE REGULATION OF GENETICALLY MODIFIED MICROORGANISM AND BIOFERTILIZER IN THE US
   

Fertilizer has played an essential role in improving crop production and quality; however, as microorganism in the soil provides abundant nutrients to the crops, sustains its quality and production, and protects the environment from chemical pollution, biofertilizer has gradually become a new option for crop cultivation and sustainable agriculture....[more]

 
 
 

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