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Peter Dernbach in Asia IP on Taiwan’s Intellectual Property Court

Asia IP‘s July issue features an in-depth, comparative look at intellectual property courts around the region entitled “Battle Cry for IP Courts.”  The article quotes Peter Dernbach on the Taiwan IP Court’s broad jurisdiction, its heavy workload, and the role of the IP police in enforcement. Peter leads the Winkler Partners IP practice.

Other leading Taiwanese practitioners noted the high rate of patent invalidation by the IP Court and commented on the selection and training of judges.

Taiwan’s IP court was established in 2008. Its 15 judges hear over 1,600 cases annually.

Asia IP’s helpful survey of the region shows that Taiwan is in the region’s mainstream. Like many of its neighbors, it has a specialized IP Court that is well-regarded by practitioners despite some room for improvement in patent protection.

Taipei mayor candidate visits WP rooftop garden

Taipei mayoral candidate Dr. Ko Wen-je visited our rooftop garden last week to learn about what businesses are doing to reduce their carbon footprint. Winkler Partners managing partner Robin Winkler urged Dr. Ko to support rooftop gardens to create a greener Taipei.

Dr. Ko with managing partner Robin Winkler

Dr. Ko tries fruit grown in our rooftop garden.

Our rooftop garden is open to the public. To arrange a visit, please contact City Shen at +886 (0)2 2311-2345 ext. 346 or cshen@winklerpartners.com

Translation of Taiwan’s Habeas Corpus Act

Taiwan’s Habeas Corpus Act came into effect on 8 July 2014. The Act has important implications for foreign nationals in Taiwan because it requires judicial review of administrative detention by agencies such as the National Immigration Agency .

The Chinese-language United Daily News, for example, reported on 17 July that the Taoyuan District Court ordered the release of a Vietnamese migrant worker who had overstayed and had been held by the NIA in a detention facility since April. After a habeas corpus petition was filed on her behalf, the District Court ruled that her detention was unconstitutional and ordered her release. The Winkler Partners Translation Department has translated the Act as part of an ongoing project to release important but untranslated laws and regulations.

The translation is available for download here.

Creative Commons License
“Habeas Corpus Act” by Winkler Partners is licensed under a Creative Commons Attribution 3.0 Unported License.

Based on a work at law.moj.gov.tw.

Points test for foreign graduates of Taiwanese universities makes work permits easier

In early July, Taiwan’s Ministry of Labor amended its regulations governing work permits for foreign professionals to allow foreign graduates of Taiwanese universities to obtain work permits more easily. Previously, only an employer who was willing to pay the foreign graduate an average monthly salary of NT$37,619 could sponsor a foreign graduate for a work permit.

Under the new rules, the rigid minimum salary requirement has been replaced with a more flexible points system that awards points based on factors including compensation, language ability, and experience living abroad. If the foreign graduate scores 70 points, the employer can sponsor the student for a work permit for professional employment (‘specialized and technical work).

There is a quota of 2,000 work permits in the first year.

Although the new point system is not expected to increase the number of foreign professionals in Taiwan immediately, it is a very significant first step away from the minimum salary requirements that have discouraged Taiwanese employers from hiring foreign professionals.

The application period is 3 July 2014 to 2 July 2015. Application information in Chinese for employers is here.

As a public service, Winkler Partners has translated the eight-factor point system into English. It can be downloaded here.

Chen Hui-ling becomes member of Asian Privacy Scholars Network

Chen Hui-ling recently joined the Asian Privacy Scholars Network. The Asian Privacy Scholars Network aims to further the study of personal data protection, privacy, and surveillance in countries of the Asia-Pacific region, through conferences, publications and networking. It is predominantly comprised of academic scholars, but also includes  government, NGOs and business and practitioners.

Hui-ling publishes regularly on Taiwanese privacy law and recently attended the Asia Cyber Liability Insurance Conference in Singapore.

Winkler Partners seeks communications coordinator (job opening)

We are looking for a communications coordinator. The successful candidate will likely have considerable experience in, and/or enthusiasm for, a bilingual, multicultural environment, flat management organisation that is constantly balancing the interests of our clients, colleagues and community. Other attributes will likely include social and other media fluency, good eye for connections (i.e., people and organisations, as well as how things connect), some fluency with numbers, interest in people and long term commitment to Taiwan (Taiwan and foreign nationals welcome to apply).

The successful candidate will have very strong English writing skills with near native fluency. Chinese skills are not required but highly desirable.

Please send a resume and anything else that you think will be helpful to evaluate compatibility to: mwang@winklerpartners.com and info@winklerpartners.com.

INTA Daily covers Mark McVicar’s talk at INTA

WP’s Mark McVicar spoke at a TMA Brunch on Cross-Cultural Communication during the INTA’s annual meeting in Hong Kong last month. His six tips for successful cross-cultural communication were featured in a recent edition of the INTA Daily.

The INTA’s annual meeting in Hong Kong was the first in Asia and drew more than 8,500 attendees from over 140 countries.

Peter Dernbach on copyright protection for adult films in Taiwan

Asia IP recently analyzed a landmark Taiwan Intellectual Property Court case in which the IP Court extended copyright protection in Taiwan to adult films.  In the article, WP partner Peter Dernbach comments on the IP Court’s public statements about the case and the prospects for civil damages for copyright infringement involving adult films in the future.

Winkler Partners welcomes Greg Buxton and Shannon Yen

Greg Buxton has joined Winkler Partners as Of Counsel.

Greg brings 20 years of experience to the firm’s corporate transactional practice.  His practice spans capital markets, mergers and acquisitions, private equity and venture capital investments, corporate restructurings, and a variety of other general corporate transactions.

Greg began his legal career in New York with Brown & Wood assisting global investment banks execute public and private offerings of debt and equity securities in the United States and abroad.  While in New York, he also participated in the structuring and offering of retail derivative products for Merrill Lynch.  Greg continued his capital practice markets practice in Hong Kong with Sidley Austin. More recently, Greg has focused his practice on mergers and acquisitions and private equity investments in Taiwan and China.

We also welcome our summer intern Shannon Yen. Shannon will be a 2L at the University of Virginia School of Law this fall.

Translations of Taiwan securities laws and regulations updated

Taiwan’s official portal for securities-related laws and regulations was recently updated with thirteen new or revised  English translations by Winkler Partners.

The Winkler Partners Translation Department has produced the English translations of securities laws and regulations for the portal since 2002. The portal is updated twice a month with new and revised content.

Currently, the site contains 1,489 securities laws and regulations, 665 of which have been translated into English. The site also contains 6,824 administrative letters of interpretation and 2,199 court judgments.

  1. GreTai Securities Market Rules Governing the Use of the Gofunding Zone
  2. Regulations Governing the Go Incubation Board for Startup and Acceleration Firms
  3. Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals
  4. Procedures and Fees for Inquiry, Examination, and Issuance of Copies of Computer-
  5. Processed Personal Data in the Securities and Futures Industries
  6. Standards Governing the Security of Personal Data Files in the Securities and Futures Industries
  7. Taiwan Stock Exchange Corporation Rules Governing Information Filing by
  8. Companies with TWSE Listed Securities and Offshore Fund Institutions with TWSE Listed Offshore Exchange-Traded Funds
  9. GreTai Securities Market Procedures for Press Conferences Concerning Material
  10. Information of Companies with GTSM Listed Securities
  11. GreTai Securities Market Rules Governing Information Reporting by Companies with GTSM Listed Securities
  12. Establishment of an Information and Communications Security Inspection System for Futures Commission Merchants
  13. Directions for Futures Trading by Overseas Chinese and Foreign Nationals
 

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