Quarterly Issue June 2007 NO.02

LATEST LEGAL NEWS
	THE JUDICIAL YUAN IS DEVELOPING INTELLECTUAL PROPERTY CASE ADJUDICATION RELATED RULES
	Article 38 of the Intellectual Property Case Adjudication Act specifies "The enforcement rules and adjudication regulations shall be determined by the Judicial Yuan." To ensure that the Intellectual Property Court works very well after established, the Department of Administrative Litigation and Discipline of the Judicial Yuan...[more]
	NCC PASSES REGULATIONS GOVERNING FIXED NETWORK TELECOMMUNICATIONS BUSINESSES
	To adapt to changes in the digital age, the NCC (National Communications Commission) passed modified Regulations Governing Fixed Network Telecommunications Businesses on May 21, 2007 to ensure the sound development of communication with higher accessibility to users and enhance the global competitiveness...[more]
	ENQUIRY INTO THE DEGREE OF RELATIONSHIP TO AVOID INCEST
	There have been more than 20 thousand children produced through artificial technique in Taiwan Area since 1998 and, according to experts; about 10 to 20% of these infants were artificially produced by using donated sperms or ova. The Artificial Reproduction Act (ARA) was promulgated in March 2007...[more]
	NCC PASSES ARTICLE 18 OF THE REGULATIONS GOVERNING NETWORK INTERCONNECTION AMONG TELECOMMUNICATIONS ENTERPRISES AND REQUESTS TYPE I CARRIERS TO RENT OUT THEIR TWISTED PAIR COPPER LOCAL LOOPS BASED ON THE HISTORICAL COST PRINCIPLE
	Interconnection among telecommunications enterprises is crucial for the survival of emerging companies. Access to the broad networks of dominant players in the market is essential to consumers who otherwise may shun the services for lack of connectivity and the resulting limited functionality or "reach" to the broader market of client with whom they wish to communicate...[more]
	R&D AND PERSONNEL TRAINING EXPENSES THAT DO NOT APPLY FOR TAX CREDIT CAN BE REPORTED AS R&D EXPENSES
	Taiwan government offers preferential taxes as an incentive for domestic enterprises to enhance their R&D and personnel training activities and to improve their competitiveness in the global market. According to Article 6 Section 2 of the Statute for Upgrading Industries...[more]
	DOMESTIC COMPANIES MAY APPLY FOR TAX CREDIT EVEN THOUGH THE R&D RESULTS BELONG TO FOREIGN COMPANIES
	If the R&D results belong to an American company, can the domestic company that actually carried out the R&D report the R&D expenditures, such as salaries of the R&D personnel, overtime wages, pension, and severance pay, in their returns?...[more]
RECENT DEVELOPMENTS
	THE EFFECT OF IP LICENSE IN THE EVENT OF BANKRUPTCY -AN EXAMINATION UNDER TAIWAN INSOLVENCY LAW
	Intellectual property (IP) is an increasingly critical business asset of many high-tech companies. Nowadays, IP often drives key business strategies and determines the market value of organizations. It is rare for a bankruptcy of a commercial enterprise not to involve a license of technology in one form or another...[more]
	INTELLECTUAL PROPERTY SECURITIZATION IN TAIWAN –A STUDY RELATING TO NEW UTILIZATION PATTERN OF R&D OUTCOMES
	Bowie Bonds broke a new frontier in financing by using a form of intellectual property﹙IP﹚ securitization in 1997. This paper purposes to address the practical development of this pattern, to indicate the profits and risks, and to analyze the underlying legal structure by conducting a research in area of Asset Securitization Law...[more]
	WHO OWNS THE BIOLOGICAL AND GENETIC RESOURCES: ANALYSIS ON INTERNATIONAL AND NATIONAL REGULATIONS
	In the long history of human society, a lot of biological resources have been used and needed for people´s living in their daily life, and the resources are considered to contain uncountable benefits. In order to get the benefits, a lot of international biological corporations or pharmaceutical companies have begun to explore the biological and genetic resources in several countries which own plentiful organisms...[more]
	RESEARCH ON THE PATENTABILITY OF MEDICAL ACTIVITY RELEVANT TECHNOLOGICAL METHOD
	According to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) article 27-3(a), under World Trade Organization (WTO), states that "Members may also exclude from patentability: Diagnostic, therapeutic and surgical methods for the treatment of humans or animals."...[more]