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02-77093611

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@fdlaw

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17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City

商標權,著作權,商標律師,著作權律師

Ximending Donuts Splits Up! Original Team Claims They Take Everything Back from the Store, Refuting Lawyer Li Yusheng's Explanation of Trademark and Copyright Infringement Standards.

Ximending Donuts Split Up! Original Team Accuses Landlord of Taking Over the Business, Refuting Claims | CTS News Link: A famous donut shop in Ximending, known for its long queues, has recently been embroiled in a business dispute! Employees accuse the landlord, with whom they had a partnership, of kicking out the entire team to take over the business, even continuing to use the trademark, in an attempt to monopolize the brand. This forced the original team to change their name to "Liang Liang Cui" and open a new shop nearby. However, the accused "Yi Cui" donut shop refutes the accusation, stating that they were never the landlord, but rather partners from the beginning, and the termination of their partnership was due to accounting issues. Lawyer Li Yusheng of Fidelity Law Firm stated that Taiwan's trademark law generally adopts a "first-to-file" principle, giving the landlord a legal advantage if they register first. However, if the visual design of the trademark is that of the owner…

勾串共犯或證人,羈押

The "Ko Wen-je Clause" removes the requirement for collusion and detention; legal experts criticize it as increasing the difficulty of investigation. Lawyer Li Yu-sheng explains the requirements for detention and the impact of removing the requirement for collusion with accomplices or witnesses.

"Ko Wen-je Clause" Removes Detention for Collusion; Legal Experts Criticize: Increased Investigative Difficulty | TVBS News Reporter Tsai Ping-hung News Link: The Taiwan People's Party caucus will schedule a review of the draft amendment to the "Criminal Procedure Code" next week, but the relevant amendments have already sparked backlash from the legal community, who believe it will increase the difficulty of prosecutions and affect the safety of grassroots law enforcement personnel. However, Taiwan People's Party Chairman Huang Kuo-chang said that the amendment content is exactly the same as the article proposed by then-Legislator Lai Ching-te in 2008! Lawyer Li Yu-sheng of Fidelity Law Firm stated that this amendment mainly focuses on two major changes: first, removing the detention requirement of "collusion with accomplices or witnesses"; and second, significantly reducing the case-handling time of the courts and prosecutors. While removing the collusion requirement can implement human rights protection and prevent detainees from obtaining confessions, it also greatly increases the difficulty for prosecutors to investigate collective corruption cases, and the future legal system...

撿屍,性騷擾,強制猥褻

A drunk woman was dragged home by her neighbor and "disappeared for 20 minutes." Lawyer Li Yusheng explains the burden of proof for victims of crimes such as picking up a drunk woman, sexual harassment, and forced indecency, suggesting CCTV footage can be used as evidence.

A drunk woman was dragged home by her neighbor and "disappeared for 20 minutes." A lawyer says CCTV footage can be used as evidence. | FTV News reporter Huang Enlin. News Link: Continuing to follow this suspected case of "picking up a drunk woman"! The woman accused a male resident upstairs of forcibly taking her home while she was drunk. She claimed that she only sobered up and ran away after about 20 minutes. She decided to sue the man for sexual harassment, unlawful confinement, intimidation, and assault. However, how to prove the 20 minutes she disappeared? The lawyer said that CCTV footage could be used to indirectly infer whether the man committed any illegal acts. An elderly man in red was walking around the community hall. He was accused by a female resident of groping her while she was drunk and even forcibly taking her home. The woman decided to sue. FTV reporter Huang Enlin: "The woman who made the accusation was taken home by the male resident and asked to meet him..."

銀行法,商業會計法

Zhang Gangwei has been indicted again! He is accused of defrauding banks of 3.5 billion yuan in loans related to unfinished construction projects. Lawyer Xu Wanwei explains the potential criminal liabilities related to violations of the Commercial Accounting Law and the Banking Law.

Chang Kang-wei has been indicted again! Allegedly defrauding banks of NT$3.5 billion in unfinished construction projects | TTV News reporter Tsai Chang-yu News Link: Former Far Eastern Air Transport chairman Chang Kang-wei was sentenced to 14 years in prison for allegedly embezzling NT$3.5 billion from Far Eastern Air Transport. Some of his charges have been finalized and he is already serving his sentence. Now, he has been accused of defrauding banks. Prosecutors found that due to funding issues, Chang Kang-wei directed his company, "Hua Fu Construction," to sell 15 plots of land in Tamsui to He Feng Tai through a sham transaction to develop the Taipei Jun Tian Xia project, defrauding banks of NT$3.5 billion, of which NT$500 million was misappropriated. The Taipei District Prosecutors Office today (5th) concluded its investigation and indicted him for violating the Banking Act. Lawyer Hsu Wan-wei of Fidelity Law Firm stated that Chang Kang-wei and others successively used NT$50 million of short-term funds to create a false impression of capital increase and verification, which was then immediately withdrawn after being certified by an accountant…

特留分,遺囑,繼承

The Ministry of Justice will remove provisions regarding the "reserved portion" in the inheritance of siblings' estates, as explained by lawyer Li Yusheng, concerning the validity of wills and reserved portions in civil law inheritance.

Ministry of Justice to Remove "Special Reservation" Clause for Sibling Inheritance | Mirror News Reporter Gong Pinrou News Link: In response to changes in modern society and the majority of public opinion, the Ministry of Justice announced yesterday (June 2nd) the removal of the "special reservation" clause for inheritance by siblings from the Civil Code. A new draft amendment, including provisions for "special contributions," will be added. The Ministry of Justice stated that the revised law will be more in line with modern family life and emphasizes respect for testamentary freedom. Attorney Li Yusheng of Fidelity Law Firm stated that after removing the special reservation for siblings, the testator's authority to dispose of their estate in a will will expand, no longer bound by the regulations governing the special reservation for siblings. In practice, related inheritance disputes in court will decrease, and the demand for wills and property trust planning will increase. Pre-gift arrangements made in the past to circumvent the special reservation will also…

租賃契約,不當得利,返還租賃物

The former site of Shanghai Tianlu Hospital was ordered to pay 2.01 million yuan in damages for occupying Renji Hospital land after the lease expired. Lawyer Li Yusheng explains the calculation of return of leased property and unjust enrichment after the termination of the lease agreement.

The former site of Shanghai Lao Tian Lu, a famous braised food shop in Ximending, Taipei, was ordered to pay NT$2.01 million in damages for occupying land belonging to the private Taipei Renji Hospital. The lawsuit sought to have the building demolished and the land returned. Shanghai Lao Tian Lu lost the first instance trial and subsequently moved out, returning the land. However, the two parties still disputed compensation for the land rent. After an appeal, the High Court ruled on the 3rd that Shanghai Lao Tian Lu must pay over NT$2.01 million in damages. The case is appealable. Lawyer Li Yusheng of Fidelity Law Firm stated that this case involves unauthorized possession after the termination of a land lease agreement. Since the lessee failed to return the land after the lease expired, unjust enrichment was established, and the owner, Renji Hospital, could legally sue for demolition and return of the land, and request a refund of the occupancy period…