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Taiwan Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Taiwan

Time to Pay Attention to Anti-Dumping Petitions in Taiwan

Since December 2015, U.S. steel producers have filed cases charging foreign competitors with dumping products, U. S. government has twice penalized foreign steel producers as a result. Likewise, the Taiwan based steel manufacture, Chinese Steel Corporation (“CSC”), has filed a petition to the competent authority of Taiwan.

Model Rules for Post Employment Non-Compete Clause in Taiwan

Taiwanese Ministry of Labor published model rules for Labor Relationship on October 5th, 2015. When an employer would like to protect the business interests and an employee would like to know his/her rights after an employment contract is terminated, this article explains the new model rules which both the employers and the employees should pay attention to.

Dispute Resolution Forum Selection Uncertain with Arbitration Commission Secession - China

The Shanghai branch of the China International Economic and Trade Arbitration Commission (CIETAC) recently split from CIETAC after the launch of its 2012 arbitration rules. The Shanghai branch (Shanghai CIETAC) declared itself an independent adjudication body with its own arbitration rules and its own panel of arbitrators. However, CIETAC denies the validity of the secession.

PRC Data Privacy Laws in a Nutshell

Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.

Managing China Risk in a Changed Business Ecosystem

Cartoonist David Horsey earlier this year created an image of an anxious Uncle Sam asking a fortune teller, "Can you tell me about my future?" She responds: "Hmm ... I would, but I can't read Chinese."

Love, Hate or Litigate Apple’s Ms ‘Siri’?

Another day, another litigation over patenting laws. Introducing ‘Siri:’ Apple’s computer voice search-and-speak technology inside newer iPhones, iPads and iPod Touch devices. Those of us with IPhones will know the joys and blunders of this so called revolutionary talking app. Our personal ‘Siri’ experiences aside, the little voice of wisdom is already getting herself in trouble.

Letters Rogatory, Conducting Depositions outside the United States

Today’s business world has become very global. So it makes sense that more and more litigation involving business would be global as well. Lawyers try to find critical evidence, which can reside outside the boundaries of the U.S. The question often becomes….What do I do next?

10 Tips for Drafting Non-Disclosure Agreements - Taiwan

  By Asia Law
Like Rodney Dangerfield, Non-Disclosure Agreements (“NDAs”) often get no respect. Business persons may plunge into negotiations, revealing confidential information with no agreement in place, or Legal may issue the same form agreement in every case, as if one-size-fits-all. Well, like any contract, the NDA can provide vital protection, but should be drafted with care. Here are 10 tips to consider.

Best Practice for Joint Development Agreements - Taiwan

  By Asia Law
Companies that wish to produce new technologies often choose to jointly develop it with others. That option is popular, as it allows two companies to share their respective strengths, resources and expertise. It is also risky, because each party relies on the other and may be required to share sensitive trade-secrets and other intellectual property rights. However, handled properly, the risks can be minimized and a mutually beneficial relationship can flourish.

Best Practice for Technology Manufacturing Contracts - Taiwan

  By Asia Law
Here in Asia, it’s surprising how often tech companies will team up with a business partner and commence manufacturing, with no contract in place, placing trust in a few emails, oral conversations and purchase orders. I know, because they will then come to me, after problems have arisen, with questions about their legal rights. Much risk and uncertainty can be eliminated if the parties will first negotiate and sign a basic manufacturing agreement.

U.S. Patent Liability Based on Foreign Sales or Manufacturing - Taiwan

  By Asia Law
Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts signed in Asia, be held liable for infringement under the U.S. Patent Act? Yes, quite possibly, as explained in this article by an international technology attorney based in Taipei, Taiwan.

10 Tips for Drafting Indemnification Provisions - Taiwan

  By Asia Law
One encounters indemnification provisions so often in so many diverse agreements that it’s almost tempting to regard them as routine boilerplate. To do so would be a big mistake. This article provides valuable tips for negotiating and drafting appropriate contract language. The article was produced by the International Technology Law Blog, a publication of Asia Law, a firm of international attorneys based in Taipei, Taiwan that provides legal services for companies doing business in Asia.

Responding to Patent Licensing Demands - Taiwan

  By Asia Law
Patent licensing demands can be extremely costly to resolve, often running into millions of dollars. Fortunately, when handled skillfully, in-house counsel should be able to successfully dispose of most licensing demands at little or no cost, without the need for licensing or litigation.

Foreign Investments Entry Vehicles to China

Unlike in some western societies where one form of company can be used for a broad unlimited business scope, in China different corporate structures are used for different purposes. It is important to understand the structural options to avoid trying to cram a round peg through a square hole.

Purchase Contracts: Best Practices for Buyers and Sellers in China and Taiwan

Every company is at some time both a buyer and seller of goods and services. Negotiating and signing clear and balanced purchase contracts is the most effective way to protect your company’s reputation, revenues, markets and customer relationships. The market is the most effective teacher of “best practices”, and if you learn from the mistakes of others, you will be wiser and wealthier.

Domain Name Dispute Resolution in China and Taiwan

This article discusses how companies can take legal action against "cyber-squatters" in Taiwan and China.

Hiring in Taiwan FAQ

Frequently asked questions related to hiring local and foreign employees in Taiwan

Taiwan Estate Planning FAQ

This article answers frequently asked questions about estate planning in Taiwan and the US.

Pre-Merger Notifications for M&A in Taiwan FAQ

This article discusses the mandatory merger notification regime in Taiwan and covers threshold tests, filing procedures and answers to other frequently asked questions.

Taiwan Arbitration Law FAQ

The following are frequently asked questions on the arbitration process in Taiwan. Generally, parties must contractually agree to use arbitration as a dispute resolution mechanism, so arbitration procedures will be set out in the agreement at issue. If the agreement provides that arbitration is to take place in Taiwan, but does not specify a certain matter, then the Rules of the Arbitration of the Republic of China (the “Arbitration Law”) will apply.

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