Review Topics
Update
Implementing Regulations for ISP Safe Harbor Amendments Announced
17 November, 2009
The Taiwan Intellectual Property Office (TIPO) announced the Regulations Governing Implementation of Limitations on the Liability of Internet Service Providers on September 7, 2009. The regulations address amendments to the Copyright Act establishing safe harbor provisions for Internet Service Providers (ISPs) that came into force earlier in 2009. The regulations have been based on the outcome of discussions with interested parties during the drafting of the amendments to the Copyright Act and public hearings this past summer. Interested parties had until September 17 to submit comments on the regulations. Absent significant opposition, the TIPO anticipates that the regulations will come into force in November 2009.
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Tags: copyright , IP , Marcus Clinch , Mark Brown
Feature
Getting the Deal Through - Trademarks 2010 Published
09 November, 2009Getting the Deal Through recently published its most recent edition of Trademarks,* a volume in its series of annual reports designed to help general counsel, government agencies and businesses stay informed about increasingly complex trademark laws. Partner Peter J. Dernbach contributed to the Taiwan chapter, which includes information on Taiwan's year-old IP Court and the Taiwan Intellectual Property Office's proposed amendments to the Trademark Act.
For more information on trademark issues in Taiwan, please contact Peter Dernbach at +886.2.2311.2345 ext. 222.
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Tags: IP , Peter Dernbach , trademark
Update
CLA Tackles Abusive Penalty Clauses in Labor Contracts
30 October, 2009The Taiwanese media reported earlier this month that the Council of Labor Affairs (CLA) was drafting amendments to the Labor Standards Act to prevent abuse of penalty clauses in labor contracts. The CLA says it has received many complaints of attempts to enforce unfair, abusive penalty clauses to which employees have agreed in order to find employment during the current economic downturn.
It should be noted that penalty clauses for breach of contract can and are enforced under Taiwanese law. Labor contracts are no exception. The CLA distinguishes between penalty clauses and what it terms "punitive penalty clauses", which are essentially liquidated damages. Punitive penalty clauses are most common in the aviation industry and are widely used in employment contracts with pilots. An example of a punitive penalty would be if an employer and employee agreed to fixed damages for early resignation at 30 months salary.
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Tags: Christine Chen , employment , labor
Feature
Taiwan Chapter of The Mergers & Acquisitions Review Published
21 September, 2009
Partner Steven J. Hanley has contributed to the Taiwan chapter of the Mergers & Acquisitions Review, published annually by Law Business Research, Ltd. The chapter can be downloaded here.
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