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Articles 1 - 16 of 16
Full-Text Articles in Law
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology …
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …
Mediation In The Modern Millennium, Nadja Alexander
Mediation In The Modern Millennium, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia we call it "Mediation", the French say "la mediation", and the Germans "die Mediation". The term is global, stemming from the Latin, mediatio'; the process universal, its inherent flexibility transcending historical and national legal norms and systemic differences. Indeed, forms of mediation can be traced back to sources in ancient Greece, the Bible, traditional communities in Asia and Africa, and to the fourteenth Century English 'Mediators of Questions'. Mediation, however, does not exist in a vacuum. It operates against a backdrop of national dispute management culture and institutional rules and regulations. Accordingly, it is nothing less than misleading …
Beware Of The Dog: Assaults In Prison And Cultures Of Secrecy, Mark Findlay
Beware Of The Dog: Assaults In Prison And Cultures Of Secrecy, Mark Findlay
Research Collection Yong Pung How School Of Law
In recent months I have been involved in a series of personal injury claims made by prisoners, against the State of NSW, arising out of incidents of inmate violence. The standard scenario occurs on a Sunday where the victim is stabbed with a shiv in a prison yard, barber-shop or gymnasium, out of sight from prison officers. Most victims have suffered a history of violence and intimidation in gaol, and the injuries forming the basis of the claims, are generally shocking. There are many reasons for inmate violence. A disturbing feature of such violence in NSW prisons today is its …
Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli
Research Collection Yong Pung How School Of Law
On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explore this issue and …
Letters Of Comfort Revisited, Pey Woan Lee
Letters Of Comfort Revisited, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Since the English Court of Appeal’s decision in Kleinwort Benson Ltd v. Malaysia Mining Corp. Bhd, it would be understandable if the business community placed little or no reliance on letters of comfort save in the exceptional case where the terms evince an undeniably clear intention to create binding obligations. It might therefore seem somewhat surprising that an experienced and sophisticated institution should commence proceedings in the High Court of Singapore on the premise of a letter of awareness in Hongkong and Shanghai Banking Corporation Ltd v. Jurong Engineering Ltd. This could plausibly be explained as the bank’s last-ditch attempt …
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Contract Law, Andrew Phang
Contract Law, Andrew Phang
Research Collection Yong Pung How School Of Law
As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …
Mistake In Contract Law —Two Recent Cases, Andrew Phang
Mistake In Contract Law —Two Recent Cases, Andrew Phang
Research Collection Yong Pung How School Of Law
The doctrine of mistake in contract law has had a chequered history. Indeed, its very existence has been questioned (see, e.g., Slade, (1954) 70 L.Q.R. 385 and Atiyah and Bennion, (1961) 24 M.L.R. 421). But, like a bad penny that will not go away, the doctrine remains stubbornly embedded in the contractual landscape and has in fact witnessed a small revival of sorts in recent years (see, e.g., Clarion Ltd. v. National Provident Institution [2000] 2 All E.R. 265 (noted Phang, (2002) 1 J.O.R. 21)).
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Research Collection Yong Pung How School Of Law
This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …
The Executives Guide To Business & The Law, Kee Yang Low, Benny Tabalujan
The Executives Guide To Business & The Law, Kee Yang Low, Benny Tabalujan
Research Collection Yong Pung How School Of Law
No abstract provided.
Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli
Research Collection Yong Pung How School Of Law
This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …
The International And Comparative Criminal Trial Project, Mark Findlay
The International And Comparative Criminal Trial Project, Mark Findlay
Research Collection Yong Pung How School Of Law
The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …
Internationalised Criminal Trial And Access To Justice, Mark Findlay
Internationalised Criminal Trial And Access To Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm …
On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang
On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang
Research Collection Yong Pung How School Of Law
The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Research Collection Yong Pung How School Of Law
The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …