September 15, 2022
Taiwan Updates Distance Learning IP Rules In response to current technological developments, educational policies, and pandemic measures, the Legislative Yuan passed partial draft amendments to the Copyright Act in a third reading on May 27, 2022.  The amendments target aspects of distance learning such as the rules for fair use of copyrighted works, allowing teachers to provide classroom instruction without unnecessary worry.  In accordance with digital education policies, the amendments also allow textbook preparers to transmit digital copies to teachers and students to promote the use of e-schoolbags as a replacement for the heavy backpacks that previous generations had to endure.  The main amendments are as follows: Within the necessary scope of classroom instruction, teachers may offer reference materials or information to students online. This is in response to the pandemic situation as well as international technological development trends. Not-for-profit remote education may use copyrighted works but must still pay for copyright authorization. For-profit distance learning activities must acquire paid authorization also. Textbook preparers may transmit digital copies of copyrighted works to teachers and students for e-schoolbags unlike previously when only paper copies of textbooks were allowed to be distributed. Remuneration must be paid for the authorized use of copyrighted works under the new regulations. The National Central Library (NCL) will be allowed to digitally reproduce its collection in advance as a precaution against damage or loss. The NCL and affiliated libraries will also allow readers access to the digital collection via computers within the libraries. Taiwan Amends Guidelines to Accept E-signed POAs The Taiwan Intellectual Property Office (TIPO) is planning to revise the Patent Examination Guidelines to allow...
August 30, 2022
Since the lifting of the strict lockdown in the first quarter of 2022 and the decrease in the number of COVID-19 cases, the Thai economy has shown signs of recovery. However, Thailand still faces a battle in bringing its economy back up to pre-pandemic levels in order to compete with its ASEAN neighbors, not to mention the world. Therefore, in June this year, the Royal Gazette formally announced of the introduction of an initiative between the Ministry of Interior (“MOI”), the Ministry of Labour (“MOL”), and the Board of Investment (“BOI”) in the form of a Long-Term Resident (LTR) visa that is designed to attract a new wave of foreign direct investment (“FDI”) and knowledge transfer experts. The Thai government anticipates that the scheme will attract over one million foreigners over the next five years, drawn by the low cost of living and vibrant lifestyle here. The LTR visa scheme is focused on making Thailand an even more attractive destination by simplifying the visa and work permit process and offering attractive incentives. It is hoped that this will bring extra investment into Thailand of more than THB 750 billion by 2026. The LTR visa will benefit certain foreigners and their dependents who meet the criteria set by the BOI which are divided into five categories. The concept of the LTR visa was introduced last year and has been updated on an ongoing basis. Based on the Cabinet’s resolution in the previous year, most of the core qualifications still remain the same. However, there are new additional criteria that the applicants need to meet as stipulated by the BOI as...
August 24, 2022
TIPO and TWPAA Co-host Awards Ceremony for the Patent Specification Drafting Competition The Taiwan Intellectual Property Office (TIPO) partnered with the  (TWPAA) on April 26 to host Embracing IP to Chase Dreams – the 2022 Entrepreneur’s Forum, which is part of the 2022 World IP Day series of events.  The Patent Specification Drafting Competition for Youth was held concurrently in 3 separate locations in North, Central and South Taiwan, and attracted a total of 29 teams of students from 19 Taiwan colleges to participate.  Contestant teams took classes and competed over a period of two days, and a panel of judges consisting of industry experts and government officials chose 3 teams as the winners.  As a yearly event, TIPO hosts various events to celebrate World IP Day.  This year, as part of the theme – IP and Youth: Innovating for a Better Future – the drafting competition was one of a package of activities intended to inspire creative thinking.  During the two days of the event, undergraduate students were introduced to basic concepts in IPR and patent specifications, and with the guidance of professional instructors, the teams could practice converting creative ideas into tangible IP assets.   Taiwan Tightens Requirements before Allowing Investment in China The provisions of the Regulations Governing the Approval of Investment or Technical Cooperation in Mainland China have been amended.  In order to protect the IP of Taiwanese firms, the April 2022 revisions have broadened the definition of technical cooperation.  This means that the transfer and licensing of computer program copyrights are subject to restriction.  Also, the transfer of investments to individuals or entities in China...
August 24, 2022
TIPO and TWPAA Co-host Awards Ceremony for the Patent Specification Drafting Competition The Taiwan Intellectual Property Office (TIPO) partnered with the Taiwan Patent Attorneys Association (TWPAA) on April 26 to host Embracing IP to Chase Dreams – the 2022 Entrepreneur’s Forum, which is part of the 2022 World IP Day series of events.  The Patent Specification Drafting Competition for Youth was held concurrently in 3 separate locations in North, Central and South Taiwan, and attracted a total of 29 teams of students from 19 Taiwan colleges to participate.  Contestant teams took classes and competed over a period of two days, and a panel of judges consisting of industry experts and government officials chose 3 teams as the winners.  As a yearly event, TIPO hosts various events to celebrate World IP Day.  This year, as part of the theme – IP and Youth: Innovating for a Better Future – the drafting competition was one of a package of activities intended to inspire creative thinking.  During the two days of the event, undergraduate students were introduced to basic concepts in IPR and patent specifications, and with the guidance of professional instructors, the teams could practice converting creative ideas into tangible IP assets. Taiwan Tightens Requirements before Allowing Investment in China The provisions of the Regulations Governing the Approval of Investment or Technical Cooperation in Mainland China have been amended.  In order to protect the IP of Taiwanese firms, the April 2022 revisions have broadened the definition of technical cooperation.  This means that the transfer and licensing of computer program copyrights are subject to restriction.  Also, the transfer of investments to individuals...
August 22, 2022
According to Thai labour laws, an employer is empowered to terminate an employee’s employment at its will, except for members of the Employee Committee which requires a court order for dismissal. However, the consequences of dismissal with and without statutory causes under the Labour Protection Act B.E. 2541 (the “Labour Protection Act”) will be different in terms of the statutory payments for which the employer is legally required to pay the employee. In this regard, the question “how much statutory payment does the employer have to pay to the employee due to dismissal?” becomes one of the most concerned and critical issues for all employers. Here are key takeaways for employers and employees on statutory payments to consider when terminating or being terminated. Statutory Cause Section 583 of the Civil and Commercial Code stipulates that if the employee wilfully disobeys or habitually neglects the lawful commands of the employer, absents himself for services, is guilty of gross misconduct, or otherwise acts in a manner incompatible with the due and faithful discharge of the employee’s duty, such employee may be dismissed by the employer without notice or compensation. In addition, Section 119 of the Labour Protection Act also stipulates the statutory causes as follows: (1) Performing the duty dishonestly or intentionally committing a criminal offence against the employer; (2) Wilful acts done to cause damages to the employer; (3) Committing negligent acts causing serious damage to the employer; (4) Violating work regulations, regulation or order of the employer which is lawful and just for which the employer has already issued the employee a written warning, except in a serious instance...
August 16, 2022
The Royal Decree No. 750 (B.E. 2565) issued under the Revenue Code regarding income tax exemption on investment in Thai startups (the “Royal Decree”) was recently published in the Government Gazette, in cases where the funding for the startups is provided directly or indirectly through Venture Capital (VC), Corporate Venture Capital (CVC), or private equity trust (PE Trust). This Royal Decree aims to unlock capital gains tax on investment in startups under the Royal Decree No. 597 (B.E. 2559) and No. 636 (B.E. 2560). These tax benefits are effective for ten accounting periods until 30 June 2032. The cabinet anticipates that these tax privileges will facilitate Thai startups to raise more funds from both Thai and foreign investors, leading to faster growth in gross domestic product (GDP) in Thailand, and an increase in the number of workers employed in Thailand. In order for the target investors to obtain tax exemptions for their investments in Thai startups, the criteria for a startup, the target investors, tax benefits and conditions, and exception conditions can be summarized below. 1) Startup A startup must engage in the target activities supported by the relevant government agencies as prescribed by the Committee on Policy for National Competitive Enhancement for Targeted Industries, which must use technology as the basis for their production process and services pursuant to regulations stipulated by the Director-General of the Revenue Department (the “Targeted Industries”). The government authorities which will be responsible for the issuance of the certification of the target activities are the National Science and Technology Development Agency (NSTDA) and the National Innovation Agency (NIA). Currently, there are 12 Targeted Industries as prescribed under...