April 19, 2023
In-House Community Firms of the Year 2022 – Top Law Firms in China Winners in ⭐bold Honourable mentions in italics Alternative Investment Funds (Including Private Equity)   ⭐ Fangda ⭐ Han Kun Law Offices ⭐ Global Law Office King & Wood Mallesons De Heng Law Offices Jingtian & Gongcheng Capital Markets   ⭐ JunHe ⭐ Global Law Offices ⭐ Han Kun Law Offices ⭐ King & Wood Mallesons ⭐ Fangda ⭐ AllBright Law Offices Grandall Law Firm Zhong Lun Clifford Chance Employment   ⭐ Zhong Lun Law Firm ⭐ JunHe ⭐ Baohua Law Firm ⭐ AnJie Law Firm King & Wood Mallesons Antitrust/ Competition   ⭐ King & Wood Mallesons ⭐ JunHe ⭐ Tian Yuan Law Firm ⭐ AnJie Law Firm ⭐ Global Law Offices Linklaters Dentons China Zhong Lun Compliance And Regulatory   ⭐ AnJie Law Firm ⭐ Fangda ⭐ Zhong Lun Law Firm ⭐ King & Wood Mallesons Baker McKenzie FenXun White & Case Yuanda Winston Energy & Natural Resources   ⭐ Zhong Lun Law Firm ⭐ JunHe King & Wood Mallesons Clifford Chance Banking And Finance   ⭐ King & Wood Mallesons ⭐ JunHe ⭐ AnJie Law Firm ⭐ Global Law Offices ⭐ Fangda Han Kun Law Offices Linklaters Clifford Chance Corporate And M&A   ⭐ King & Wood Mallesons ⭐ Fangda ⭐ JunHe ⭐ Global Law Office ⭐ Jingtian & Gongcheng Commerce & Finance Law Offices Clifford Chance Paul, Weiss, Rifkind, Wharton & Garrison White & Case Intellectual Property   ⭐ CCPIT Patent and Trademark Law Office ⭐ AnJie Law Firm ⭐ Fangda ⭐ AllBright Law Offices Zhong Lun Han Kun Law Offices International Arbitration   ⭐ King & Wood Mallesons ⭐ Fangda ⭐ East & Concord Partners ⭐ Llinks Law Offices Zhong Lun Jingtian & Gongcheng Litigation And Dispute Resolution   ⭐ King & Wood Mallesons ⭐ JunHe ⭐ Baker McKenzie FenXun ⭐ Jingtian & Gongcheng ⭐ Llinks Law Offices Mayer...
March 22, 2023
Tax Cuts No Guarantee for Taiwan to Maintain Taiwan’s Chipmaking Lead Tax cuts passed by the Legislature in January, 2023, are just one step of many that need to be done to prepare Taiwan’s semiconductor manufacturers for future competition with other companies in the chipmaking field. Lawmakers passed amendments to the Statute for Industrial Innovation offering income tax cuts of up to 50% from Jan. 1, 2023 to Dec. 31, 2029 for companies that meet the requirements that are engaged in work that innovates technologies domestically and occupy a critical position in international supply chains. The intention is that semiconductor manufacturers will continue to invest in Taiwan and help cement its standing as the world’s second largest semiconductor supplier. Experts at the Taiwan Institute of Economic Research say that one area to expand on is wafer fabrication. Currently, Taiwan has a relatively low output of materials and equipment for wafer fabrication, which are mostly imported, and if it wants to have more control over supply chains, it must work to address that weakness. Another aspect to global competitiveness is that, as other economies such as South Korea, Japan, Europe and the U.S. pick up the pace to bolster their own positions in their respective semiconductor supply chains, it is highly likely that they will try to poach semiconductor engineers from Taiwan. Offers of competitive salaries, good social welfare terms and green cards could prove enticing for research and development personnel and executives at Taiwanese semiconductor companies. The College of Semiconductor Research sponsored by the public and private sectors is well placed to help Taiwan produce future skilled workers and...
March 22, 2023
2022 was a year full of changes for China’s antitrust regulations. First, in August, the PRC Anti-Monopoly Law (AML) welcomed its first revision 14 years after its initial implementation. Following that, the central antitrust agency and the top court successively published several draft implementing antitrust rules and draft judicial interpretations on antitrust civil litigation, all of which are expected to be finalised in 2023. With China’s reopening in late 2022, we expect that amid the increasing economic activities, these changes or updates on antitrust rules will broadly and deeply impact multinationals from day-to-day business operations to M&A activities in 2023. Therefore, we think it is important for multinationals to be timely aware of those key changes, properly adjust their compliance schemes, and be well prepared at the outset of 2023. How Should Companies with Distribution Networks Adapt to the New Rules on Vertical Restraints China’s revised AML brought significant changes to its regulatory framework for vertical restraints. In particular, it introduced the first-ever safe-harbour rule for vertical restraints and converged the long-lasting divergence on approaches against Resale Price Maintenance (RPM) between courts and agencies by setting out the rebuttable presumption of illegality rule. While it seems that these changes may ease China’s regulations on vertical restraints to some extent, it is important to bear in mind that RPM remains to be a high risk in China. Specifically, it is very challenging and burdensome for a company to rebut an illegality presumption during an investigation and relevant individuals including management teams may even bear personal liabilities if an RPM violation is found. Therefore, if a company intends to roll out RPM schemes...
February 27, 2023
Taiwan Makes Revisions to Patent Examination Guidelines The Taiwan Intellectual Property Office made some revisions regarding procedural examination and patent rights management that came into effect in December, 2022.  In Chapter 1 of the guidelines, the use of electronic signatures will be accepted provided both parties can agree to the validity thereof.  The signee only needs to provide a form of signature (whether it be a signature, stamp, or electronic signature) that matches the signature on the application documents.  In Chapter 3 of the guidelines, in accordance with adjustments made to procedural examination, revisions have been made to 3.1 Inventor Change, 4.1 Applicant Name or Title Change, and 4.5 Inventor Name Change.  Case studies have been included to help the public better understand the principles of examination.  The revisions also specify that applicants who are able to rectify inconsistencies on documents submitted with their applications do not fall under this category.  In accordance with a judicial ruling, TIPO also included a case study explanation regarding name changes for different applicants who belong to the same entity.  In Chapter 5 of the guidelines, procedures regarding three relevant scenarios concerning postponing the filing date, namely change in applying entity, addition of listed applicants and decrease in listed applicants have been clarified according to the relevant regulations. Taiwan Releases New Trademark Distinctiveness Examination Guidelines The Taiwan Intellectual Property Office released new examination guidelines for trademarks which came into effect on September 1, 2022.  Here are some of the most notable clauses: Concerning words, when a word or combination of words is using a descriptive style, if it is depicted in a special...
February 7, 2023
Taiwan IP Office Plans to Issue Electronic Certificates From the beginning of 2023, the Taiwan Intellectual Property Office (TIPO) will issue patent and trademark certificates in electronic form.  In order to cut down on paper usage and delivery costs as well as offer the IP right holder convenience in document management, the initiative is part of the overall government plan to modernize office procedures and encourage sustainable practices.  The applicant will have the option to choose either a paper or an electronic certificate upon paying issue fees.  By opting for the electronic format, the applicant may still request a paper copy if later needed (but not vice versa).   The process goes through the following several steps: After receiving a notice of issuance, the applicant is instructed to download the e-certificate within 6 months from a specific webpage or in 5 days via the E-SET platform (an electronic document delivery system). The e-certificate is issued as an encrypted PDF document with security measures, and there will be a code on each e-certificate. By uploading the e-certificate to TIPO or scanning the code, it will be possible to quickly verify the document’s authenticity or even see the latest legal status of the associated patent or trademark right. An e-certificate is also available upon re-issuance, recordation of patent assignment, inheritance, and trust. Taiwan Drafts Bill to Help High-Tech Companies Lawmakers in Taiwan introduced a draft bill to institute a new Article 10-2 of the Statute for Industrial Innovation.  This new law aims to create tax incentives for high-tech companies investing in Taiwan.  High-tech companies making Research and Development contributions to the semiconductor...