SERVICES

Commercial Investment

  • M&A of local or transnational enterprises
  • Apply for investment approval for foreigners, foreign companies, Chinese citizens or Chinese companies.
  • Setup and plan off-shore companies
  • Conduct due diligence of target company

Legal affairs of enterprises

  • Setup or alteration registration of subsidiary/branch/ representative offices in Taiwan
  • Legal consultation for Shareholders’ meeting/directors’ meeting
  • Legal opinion for exchange listing, OTC listing and delisting applications
  • Reorganization, dissolution or liquidation of companies
  • File multi-level marketing enterprises report
  • Business arbitration
  • Unfair trade disputes
  • Labor employment
  • Legal affairs related to real estates

Civil Litigation

  • Business and trading arbitration
  • Transnational commercial disputes
  • Damage compensation of quoted securities investment
  • Litigation of financial instruments
  • Confirmation the position of director(s)/shareholder(s) and apply for provisional injunction
  • Damage compensation of consumer disputes
  • Litigation of real estate development
  • Conciliation and litigation of disputes between capital and labor
  • Damage compensation

Criminal Litigation

  • Violation of Securities and Exchange Act
  • Medical disputes
  • Violation of Government Procurement Act
  • Violation of Business Mergers And Acquisitions Act
  • Forgery of documents
  • Embezzlement and larceny
  • General criminal litigations

Administrative and IP Litigation

  • Worldwide trademark application and infringement litigation
  • Copyright certification and litigation
  • Protection of trade secrets
  • Administrative Appeal and litigation

Non-contentious Matters

  • Draft English contract and legal opinion
  • Application for provisional attachment, provisional injunction or compulsory execution
  • Service of legal documents

Other Legal Assistance

  • Long term legal consultant
  • Registration for foundation/ juridical association
  • Other legal assistances

Commercial Investment

  • Foreign investment planning for Taiwanese business people
  • Apply for investment approval for foreigners
  • Investments in Mainland China
  • Provide legal consultation for foreigners who work in Taiwan
  • Setup and plan off-shore companies
  • Draft or provide legal opinion for contracts/letters of intent/ memorandum

Civil Litigation

  • Transnational (transregional) damage compensation
  • Litigation of loan for consumption
  • Conciliation and litigation of heritage disputes
  • Partnership/Equity cooperation disputes
  • Real estate litigation
  • Trade/lease/request for distributorship
  • Mandate/employment disputes

Criminal Litigation

  • Violation of Securities and Exchange Act
  • Violation of Company Act
  • Violation of Trademark Act
  • Offenses of malfeasance in office
  • Violation of Government Procurement Act
  • Medical disputes
  • General criminal litigations

Non-contentious Matters

Oversea (transnational/Chinese) inheritance

Draft or provide legal opinion for contracts in English

Draft a dictated will

Trust of property/real estate/securities

Document notarization

Administrative Appeal and litigation

Trademark:Obtaining trademark protection is the first and the most important step of establishing a brand

Every person and enterprise shall make trademark protection as the top priority before building a brand of products or services. If trademark protection strategy is not well planned and gives someone a chance to misappropriate or squat the mark, great economic loss might be caused and the brand image might also be ruined. As a result, obtaining trademark protection is the first and the most important step of establishing a brand.

Trademark search

It is very important to make sure that the words or design of the mark is not similar with other’s trademark before filing trademark applications. This step not only avoids infringing other’s right and causes unnecessary dispute, but will also raise the success rate of approval.

Trademark application

The type of trademark includes trademark of goods or service, collective trademark, certification mark, and collective mark. Words, devices, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof may file application of trademark. A trademark may consist of words, devices, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof.

Formality and substantive examination

Examination period of a trademark application usually takes 8-12 months and some countries needs longer. So the sooner application is filed, the better.

Trademark approval and publication

After the application is approved, the mark will be published in Trademark Official Gazette. Publication period would be three months, and the purpose of the publication is to give all trademark owners a chance to confirm whether the newly approved application infringes someone’s right. If anyone thinks the application shall not be approved, he/she may file an opposition to request a re-examination.

Trademark registration

As soon as a trademark is registered, the proprietor of a registered trademark shall have the exclusive right of the trademark for a period of ten years from the date of publication for registration. The period of the trademark right may be renewed, and the duration of each renewal period shall be ten years.

Measures you may take when trademark right is infringed

After obtaining the protection of trademark right, if you found someone’s brand logo is very similar with your trademark and both of you do the same kind of business (for example, you both sell clothes or operate restaurants), you should actively protect your trademark. And here are the measures you can take

File trademark opposition

Any person may file an opposition to registration of a trademark with the Registrar Office within three months from the day following the date of publication of registration. We pay much attention to guard the trademark right of our clients. As a result, we monitor every Trademark Official Gazettes for our clients and we will voluntarily contact our clients if we found similar marks.

Revocation of registration on grounds of non-use:

If someone registers trademarks as a means of earning money instead of using them (we called the person “trademark squatter”) and causes rejection of your trademark application, you shall apply for revocations with Registrar Office. If the trademark squatters are not able to provide the proof of use, the squatted trademark registrations will be revoked.

Invalidation

An interested party may file an invalidation with the Registrar Office, or a trademark examiner may submit a proposal to the Registrar Office for an invalidation, against a trademark registration on the grounds that such registration has infringed the interested party’s right and falls under the regulations which indicated that the mark shall not be registered in Trademark Act. Where an invalidation against a registered trademark is sustained, such registration shall be cancelled.  On the other hand, according to Trademark Law of China, if a registered trademark violates the prohibitive provisions in Trademark Law, or the owner of the trademark registered it by improper means, any person may apply to the Trademark Office for the cancellation of such registered trademark.

We can assist you file applications in the following countries

(Please do not hesitate to contact us if you need to file application in the countries we did not mentioned)

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Asia

Taiwan, China, Hong Kong, Singapore, Macau, Vietnam, Thailand, Philippines, Japan, South Korea, India, Indonesia, Cambodia, Laos, Brunei, Malaysia, Myanmar, Lebanon, United Arab Emirates, Saudi Arabia, Israel, Pakistan, Kuwait, Bahrain, Qatar, Kazakhstan, Nepal, Iraq, Sri Lanka.

18

Europe

EU, UK, Germany, Italy, Belgium, Spain, Switzerland, Norway, Benelux, Czech Republic, Austria, Denmark, Bosnia and Herzegovina, Russia, Ukraine, Belarus

13

Americas

United States, Canada, Mexico, Brazil, Peru, Chile, Ecuador, Costa Rica, Panama, Paraguay, Argentina, Colombia, El Salvador

2

Oceania

Australia, New Zealand

5

Africa

South Africa, Egypt, Nigeria, Morocco, Algeria

Copyright

Economic rights are terminable. After a period of time, economic rights shall be extinguished and the work will become public goods, which means everyone may use it at will. However, in the term of protection, any person who intends to use the work shall ask the consent from the copyright owner. As for the term of protection, it varies from country to country. Usually economic rights endure for the life of the author and fifty years after the author’s death.

What copyright purposes to protect is the expression of work instead of the work’s underlying ideas. It is called idea-expression dichotomy.

The author of a work shall enjoy copyright upon completion of the work and does not need to register the copyright with Authority in principle. However, “completion of the work” is an abstract concept of time, the key point in the court when dispute occurs is how to adduce enough evidence. As a result, the author shall keep the work and obtain objective evidence, such as filing a record application with the Authority or preserving the public prints.

Works shall include the following

Oral and literary works (ex. Harry Potter), Musical works (ex. symphony of destiny of Beethoven), Dramatic and choreographic works (ex. the ballet “Swan Lake”), Artistic works (ex. the “Mona Lisa”), Photographic works (ex. the ”Afghan Girl”), Pictorial and graphical works (ex. hello kitty), Audiovisual works (ex. DVDs of “The Avengers”), Architectural works (ex. the Leaning Tower of Pisa), Sound recordings (ex. the albums of Lady Gaga), Computer programs (ex. Microsoft Office series).

Categories of Copyright

Moral rights

The right of disclosure; the right of paternity; the right of integrity

Economic rights

The right of reproduction; the right of public recitation; the right of public broadcast; the right of public presentation; the right of public performance; the right of public transmission; the right of public display; the right of adaption; the right of distribution; the right to rent

Patent

Invention patent

“Invention” means the creation of technical ideas, utilizing the laws of nature. The key point of an invention patent is “technicality”. Simple discovery, skill, disclosure of information or artistic works does not meet the requirements of invention. After receiving application documents and determining through examination that the application conforms to stipulated formality requirement and contains no elements that may be deemed unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for invention 18 months since its filing. The term of an invention patent shall expire after a period of 20 years from the filing date of the application.

Utility model patent

“Utility model” means the creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature. Such creation shall have the value of usage and actually be useful. Simply abstract ideas or concepts, production methods, disposals, instructions, chemistry without form or structure do not meet the requirements of utility model. The term of a utility model patent shall expire after a period of 10 years starting from the filing date.

Design patent

“Design” means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, an application may also be filed pursuant to this Act for obtaining a design patent. The term of a design patent shall expire after a period of twelve (12) years from the filing date of the application.

Home-1-Recommended-Lawyers-Icon When a creation is conform to regulations and has been granted for an approval decision from Patent Registry Office, the creation will need to be laid open and it will be under the protection of patent for a certain period of time. The patentee of the creation has an exclusive right to prevent others from making, selling, using or importing the creation without the patentee’s consent.
Home-1-Choose-Advisor-Icon Filing a patent application is a very professional skill. Except for concretizing different concepts of creation into words, sometimes it is necessary to make drawings to let people understand the technical characteristics. The filing procedure needs plenty of experiences and professional knowledge to related industry. You definitely need assistance from patent engineers and patent agents.

Notarization and Legalization

In recent years, since the prosperous development of international trade and the frequent interaction among people of different countries, either corporations or individuals often need to use documents in foreign countries. To make sure the signature or governmental documents are genuine, it is necessary to apply for notarization with the notary public.

Our attorney was selected as a notary public by Taipei District Court in 2004 and we have plenty of experiences with such cases. The works may be divided according to the area of usage as below:

Taiwan

Public document notarization

Translation instrument notarization

Letter of consent notarization

Signature pattern notarization

Letter of authorization / Power of Attorney notarization

POA for investment of foreign citizen notarization

POA for custody notarization

Diploma / Transcript notarization

Bank balance proof notarization

Single Affidavit notarization

Declaration of non-blood relations notarization

Birth certificate notarization

Affidavit for divorce registration notarization

Marriage affidavit notarization

Affidavit of sole proprietorship of the pharmacy notarization

Tuition loans guarantee notarization

Agreement of rebuilding villages notarization

Certificate of service notarization

Company setup/change registration form notarization

China

Documents in relation to heritage, adoption, marriage, birth, death, appointment, educational background, residence, family dependent, proof of property right, taxation, medical records, working experiences. For example:

Affidavit of willing to settle in Mainland China notarization

Authentication of adopting Chinese children notarization

Declaration of non-blood relations notarization

Single Affidavit notarization

Birth certificate / death certificate notarization

Letter of authorization / Power of Attorney notarization

Certificate of educational background / diploma / transcript notarization

Household certificate notarization

Company setup/change registration form notarization

Abroad

Generally speaking, when taking documents issued in Taiwan to foreign countries, the documents will need to be notarized by a notary public in Taiwan, be authenticated by Ministry of Foreign Affairs, and be legalized by foreign Embassy or representative office. The commercial documents include:

Letter of authorization / Power of Attorney notarization and legalization

Company setup/change registration form notarization and legalization

Certificate of manufacturing, exporting and selling notarization and legalization

Certificate of free sale notarization and legalization

Sale agreement notarization and legalization

Distribution agreement notarization and legalization

SGS certificate notarization and legalization

If there’s document needs to be used in the following countries, we may assist with the legalization

(Please feel free to contact us if you need to use document in the country which is not on the list)

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Asia

Mainland China, Hong Kong, Macaw, Japan, Korea, Singapore, Philippine, Vietnam, Thailand, Malaysia, Myanmar, Indonesia, India, Saudi Arabia, Bahrain, Oman, Iran, Syria, Lebanon, Jordan, Iraq, Israel, Kazakhstan, Turkey, Ukraine, Armenia, Azerbaijan, Brunei Darussalam, Cyprus, Georgia, Kyrgyzstan, Mongolia, Uzbekistan

42

Europe

England, Germany, France, Russia, Netherland, Belgium, Austria, Denmark, Czech Republic, Finland, Greece, Italy, Iceland, Luxembourg, Spain, Portugal, Poland, Norway, Sweden, Switzerland, Albania, Andorra, Belorussia, Bosnia and Herzegovina, Bulgaria, Croatia, Estonia, Hungary, Ireland, Latvia, Liechtenstein, Lithuania, Macedonia, Malta, Moldova, Monaco, Montenegro, Rumania, Serbia, Slovakia, Slovenia, Ukraine

25

America

United States of America, Canada, Bahamas, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Honduras, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, St Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Argentina, Brazil, Chile, Peru, Paraguay, Venezuela, Colombia, Ecuador, Uruguay

5

Oceania

Australia, New Zealand, Samoa, Fiji, Marshall Islands

9

Africa

Egypt, South Africa, Nigeria, Burkina Faso, Liberia, Mauritius (Mauritius), Sao Tome and Principe, Seychelles, Swaziland

Documents which need to be notarized

Power of Attorney/Letter of Authorization

Such as the POA to appoint an investment agent when foreigners investing in Taiwan, the LOA to appoint agents to deal with matters related to sale, or the POA to appoint a friend or relative to handle bank procedures and properties abroad.

Commercial documents

For example, both parties reached an agreement of trademark authorization via telephone, fax or email and also agreed with the contractual terms, but they were not able to execute the contract together. At this circumstance, both parties may sign the contract separately in front of a notary public, which shows that they know and agree with the terms of the contract. The notary public will confirm the signature is made by the party himself/herself, and this achieve the intended purpose of signing a written agreement. Some countries may ask companies to arrange notarizations for invoice, quotation, contract or agreement when the transactions are special (usually transactions with the government).

Personal documents

Such as birth certificate, death certificate, certificate of marriage, certificate of divorce, diploma, household certificate, documents relate to heritage, adoption or residence…etc.

Documents issued by government, school or hospital

household certificate

certificate of manufacturing,

exporting and selling

certificate of free sale

birth certificate

death certificate

certificate of marriage

certificate of divorce

diploma

transcript

passport

ID

police criminal record certificate

Yangtzejian Legal League

First Law & IP Offices have collaborated with law firms in China, Hong Kong, Singapore and other countries over the world since 1996. We are also the member of “Yangtzejian Legal League” in China.

 

“Yangtzejian Legal League” is the first voluntary and non-organized cooperative league of law firms since 1994. It was previously known as “Yangtzejian Legal Network” and formally changed its name in October 2016. Now it has more than fifty members.

 

The purpose of the League is to build close and tight cooperation between every member. By sharing and using the characteristic and effective management of each law firm, we can share the brand together. By unifying promotion, we can expand the market, develop business, and provide more harmonized and consistent legal services to the present and future clients of all members. By this way, we may share the resources and achievements together, and may enhance the local and global competitiveness of every member.

League Members

Taiwan
First Law & IP Offices

Hong Kong
Ng and Shum Solicitors

Jiangsu Province
Jiangsu Junyi Law Firm
Jiangsu Youlian Law Firm
Jiangsu Zhuhui Law Firm
Jiangsu Zhuhui (Zhangjiagang) Law Firm (branch)
Jiangsu Lianyuan Law Firm

Chongqing City
Chongqing Exceedon & Partners
Chongqing Yuwan Law Firm

Zhejiang Province
Zhejiang Dagong & Partners
Zhejiang Zeda Law Firm
Zhejiang Zhenzhou Law Firm

Jilin Province
Jilin Dahua Mingren Law Firm

Yunnan Province
Yunnan Datao Law Firm

Beijing City
Beijing Fangzheng Law Firm
Beijing Zhongzi Law Office
Beijing Shangquan Law Office

Nanjing City
Jiangsu Junyuan Law Firm

Guizhou Province
Guizhou Guida Law Firm

Guangdong Province
Guangdong Huiheng Law Firm
Guangdong SD & Partners
Tianyuan Law Firm
Guangdong Rongguan Law Firm
Guangdong Yangsan Law Firm
Guangdong Asian-Pacific Time Law Firm

Guangxi Zhuang Autonomous Region
Guangxi Liuxi Law Firm

Heilongjiang Province
Haitian Qingcheng Law Firm

Shaanxi Province
Shaanxi Jiaxuan Law Firm

Tianjin City
Tianjin Mingzhou Law Firm

Shandong Province
Shandong Sunsum Law Firm
Jointide Law Firm
Shandong Tianheren Law Firm
Shandong Zhongyuan Law Firm

Xinjiang Uyghur Autonomous Region
Yingke Law Firm (Ürümqi)

Hebei Province
Hebei ZKF Law Firm

Hubei Province
Hubei Tianming Law Firm

Fujian Province
Fujian Zhixinheng Law Firm

Ningxia Hui Autonomous Region
Ningxia Zongyi Law Firm