Since 1952, foreign investments in Taiwan have exceeded NT$ 1,000 billion; thus, Taiwan becomes one of the most vibrant economy in Asia. After 2008, as Taiwan gradually loosens its regulation over mainland investment, Chinese investments increase year after year. However, differences of legal regulations, cultures and languages form an obstacle of the investment. Therefore, it is important to have experienced legal experts to assist foreign investment in Taiwan.
Ming-Bang Chen, our senior special counsel, is a decorated former civil servant of Ministry of Economic Affairs who served as executive secretary of the Investment Commission. He is experienced in foreign investments. In addition, our founding partner Dr. Ching-Yuan Yeh, has assisted foreign and mainland Chinese corporations to invest in Taiwan in M&A projects, work permit issues and investment disputes. We are confident that Titan will be your best partner for your investment in Taiwan.
A trademark is a corporate symbol that contributes to the image which company is trying to build. Trademarks are words, symbols, images and logos that distinguish goods and services in the marketplace. In Taiwan, similar to other countries, it is required to register the trademarks with the authorities; owner of the registered trademark has the exclusive right to use that mark. A registered trademark confers rights upon the registered owner, who has the obligation to use it during the term of the registration; to avoid abuse of trademarks and ensure the distinctiveness of such marks; changing the registered mark is not allowed.
Ming-Bang Chen, our senior special counsel, is the founder of TIPO and the founding Chairman of IP Asset Management Association; he is highly respected in the field of intellectual property. Lead by Mr.Chen, our IP team vows to assist our clients to maximize the benefit of our clients’ trademarks in trademark review, trademark registration, litigation and consultation.
Labor relations is a key point in business management. Inappropriate management have negative effects on employees' morale, corporate image and competitive of the company. Sometimes such mismanagement even result in penalties from government or labor dispute, strike, lawsuits, in consequent of additional financial losses.
Our team has assisted institutions with employees exceeding 10,000 people to draft service regulations, employment contracts; also, we are experienced on matters related to labor disputes, salaries shortage, procrastination of pension payments, sexual harassment, severance, wrongful l dismissal.
Taiwan’s Personal data Protection system has been gradually improved with the amendment of the Protection of Computer-Processed Personal Data Act was amended and promulgation of Personal Information Protection Act. The new Act has strict rules regarding the collection, processing and utilizing of personal data; liability of abuse has been increased as well.
Our founding partner, Dr. Ching-Yuan Yeh, while worked at Taipei City Government, launched several investigations on high-tech giants regarding alleged personal data leaking and abuse in the enactment of the Enforcement Rules of the Personal information Protection Act. Our team also helped medical institutions and the Health Authorities to draft regulations regarding personal information protection.
Taiwan is an island state, which heavily relies on international trade. To avoid disputes and lawsuits arising from international transaction, contract review and negotiation play an important role in cross-border investments. Hence, language proficiency is crucial for international negotiations and contract review.
Our team is consisted of legal professionals who graduated from top U.S. law schools and is highly experienced in international contract review and negotiation. Our experience include:
‧ Resource Agreement
‧ Employment Agreement
‧ M&A Agreement
‧ licensing Agreement
‧ Settlement Agreement
Taiwan’s securities regulations have been modernized in recent years, expecting to be in line with the international legal system. The government revised the Securities and Exchange Act, and other related regulations to regulate market operations and ensure compliance, which facilitating corporates to raise funds form public.
Cheng-Yuan Yu, our founding partner, specializes in Corporate Act, Securities and Exchange Act and Fair Trade Act. He represented China Rebar Co. Ltd, Chung-Shing Textile Co. Ltd and HongFu Co.Ltd. Ann Wu, our special council, and Shih-Yang Huang, our senior associate are experienced in securities litigations as well.
When disputes arise from cross-border investments, investors have to seek monetary and/or equitable relief through litigation, mediation or arbitration. Many investors undermined the risks of international investments and failed to designate the most suitable dispute resolution mechanism for the transaction. In practice, some foreign investors designated arbitration or litigation in cities outside Taiwan, but later suffered from service of any court or arbitral notice and execution of judgment or arbitral awards. Similarly, arbitration outside the P.R.C. have been barred from preliminary injunctions and attachment in the P.R.C.; consequently, the feasibility and benefits of international arbitration have been greatly undermined for foreign investors to the P.R.C..
Our team has rich experience in international arbitration, litigation and mediation. Our Senior Partner Ching-Yuan Yeh is a qualified arbitrator both in Taiwan (Chinese Arbitration Association, Taipei) and China (China International Economic and trade Arbitration Commission). We regularly assist investors in drafting their investment agreements, and designate the most suitable dispute resolution mechanism for the investment.
Taiwan’s economy boomed dramatically since the 1960s and resulted in rapid change of social structure. It was necessary to reform of the economy system and regulations so as to create an environment that allows business entities to compete freely under modern legal system. To cope with policies for liberalization, internationalization and institutionalization, the government promulgated a serious of fair and reasonable rules for competition.
In particular, the Legislative Yuan passed the Fair Trade Act in 1991 to set rules regarding antitrust and unfair competition. The Act aims to regulate activities of enterprises in the market, protect benefits of consumers, and market orders. In recent years, to cope with changes of service type in the market, authorities also implemented rules for multi-level marketing and made the Act more complete.
Our partner, Cheng-Yuan Yu, specialized in antitrust law, corporate law, securities regulations, and business regulations. His master thesis, “Civil Liabilities upon Violation of Fair Trade Act,” was one of the first few these focusing on the Fair Trade Act in Taiwan. Our counsel, Ann Wu, also have ample experience in antitrust litigations. Our experience include:
‧ Represented human resource agency against the Fair Trade Commission (“FTC”) regarding unfair competition practices
‧ Represented construction companies against the FTC regarding unfair competition practices
‧ Represented a 3C company in a misleading advertisement litigation
‧ Represented a storage company in a multi-level marketing dispute