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Prestiges and Press
   
 
  Recognition/Award   Press  
   
Recognition / Award
  Date Subject Nominee
  May 2005 Attorney Christopher M. Neumeyer attended the 127th Annual Meeting of the International Trademark Association (INTA), in San Diego, California (USA) Christopher M. Neumeyer
    The 127th Annual Meeting of the International Trademark Association
(INTA) was held in San Diego, California (USA) from 14 May to 18 May.

The International Trademark Association (INTA) Annual Meeting is the one must-attend event in the intellectual property industry, and the upcoming conference is set to offer even more value. With a special track on "Trademarks in Entertainment," a keynote speech by CMG Worldwide Chairman and CEO Mark Roesler, 12 skill-building workshops, 9 industry breakouts, 31 sessions, 148 table topics, 80+ expected exhibitors featuring new products and cutting-edge demonstrations, a schedule packed with networking opportunities and more, the INTA Annual Meeting is the only place where you can join 6,500 of your peers to find out everything that is going on in the industry, all in one place and in five days.

The International Trademark Association (INTA) information website: http://www.inta.org./annual/2005/index.html
  April 2005 Arthur Shay has named leading business lawyer in Intellectual Property, IT & Telecommunications , Mergers & Acquisitions and Labour & Employment by 2005 AsiaLaw Leading lawyers survey Arthur Shay
    The 2005 Leading Lawyers Survey has identified Arthur Shay as one of Asia's leading business lawyers. This prestigious endorsement is in recognition of Mr, Shay's work in the following practice areas: Intellectual Property, IT & Telecommunications , Mergers & Acquisitions and Labour & Employment

AsiaLaw Leading Lawyers has been published annually by Asia Law & Practice since 1995. The results reflect one of the most extensive legal surveys in Asia. Thousands of questionnaires were sent to the region's legal experts and law firm clients asking them to recommend individual lawyers in different practice areas.

Mr. Shay's practice focuses on high tech industry transactions with an emphasis on international intellectual property rights and regulatory issues arising under the various communications laws. His Intellectual Property practice includes cross border investments involving technology transfer and licensing, joint ventures, anti-counterfeiting programs (including criminal prosecutions, law reform, and regulation lobbying), litigation and enforcement matters, as well as E-commerce and on-line trading issues. He handles on an ongoing basis complex regulatory issues involving communications laws and regulations such as impact in-bound media and telecommunication infrastructure investments. He is also active in lobbying for amendments to the Cable Television Law and legal advisory work including strategic planning, contract negotiation and dispute resolution.


Mr. Shay has been listed in various Commissions at Taiwan's Government Information Office(GIO) and the Directorate General of Telecommunications (DGT, Ministry of Transportation and Communications). He is Chairman of the Broadcasting Development Fund and Director of GLOBALAW (A worldwide network of law firms -- www.globalaw.net).


Asia Law: http://www.asialaw.com
  April 2005 Christopher Neumeyer has named leading business lawyer in Restructuring & Insolvency, Mergers & Acquisitions, Intellectual Property and General Corporate Practice by 2005 AsiaLaw Leading lawyers survey Christopher M. Neumeyer
    The 2005 Leading Lawyers Survey has identified Christopher Neumeyer as one of Asia's leading business lawyers. This prestigious endorsement is in recognition of Mr. Neumeyer's work in the following practice Areas : Restructuring & Insolvency, Mergers & Acquisitions, Intellectual Property and General Corporate Practice.


AsiaLaw Leading Lawyers has been published annually by Asia Law & Practice since 1995. The results reflect one of the most extensive legal surveys in Asia. Thousands of questionnaires were sent to the region's legal experts and law firm clients asking them to recommend individual lawyers in different practice areas.


Mr. Neumeyer has been an active member of the California Bar since 1990 and has been employed in Taiwan since 2000. His practice focuses on international corporate and commercial transactions; intellectual property rights, transfers and enforcement; manufacturing, sales, distribution and licensing of technology and IPR.

He has assisted numerous local and multinational companies to set up and do business in Taiwan, obtaining governmental approvals, forming corporations, handling mergers, acquisitions, dissolutions and share transfers, advising, negotiating and drafting agreements concerning employment, sales, manufacturing, licensing and distribution of technology and IPR, risks and compliance with laws and regulations in Taiwan and the Asia-Pacific Region, assisting with disputes and litigation in the US and Taiwan and a wide range of other commercial and corporate issues.


Mr. Neumeyer is a member of the Globalaw worldwide network of lawyers and has published extensively in publications such as AsianIP, Patent World, Trademark World, World IP Report, International Technology Law Review and the ILO Newsletter.


Asia Law: http://www.asialaw.com
  April 2005 Managing Partner Arthur Shay
Member, the Sixth Review Committee of Satellite Radio and Television Business (2005-2006)		 Arthur Shay
    Managing Partner Arthur Shay has long been committed to the development of satellite and cable television industry and related issues. He was appointed the member of the Sixth Review Committee of Satellite Radio and Television Business from 2005/04/16 to 2006/04/15.
  March 2005 Managing Partner Arthur Shay
Supervisor, Satellite and Cable Television Technology Association, (2005-2006)		 Arthur Shay
    Managing Partner Arthur Shay has long been committed to the development of satellite and cable television industry and related issues. He was appointed a supervisor of the Satellite and Cable Television Technology Association for a two-year term.
  March 2005 Managing Partner Arthur Shay has appointed by the GIO as an examiner of the investment project application under the Regulations Governing the Investment Credit of Domestic Film Production for the Enterprise Investing in Film Manufactures (2005/03/08-2006/03/07) Arthur Shay
    The Government Information Office of Executive Yuan hopes to introduce local enterprises’ capital to enlarge the scale of Taiwan film production. In order to encourage the investment in film production industry, the private enterprise can be awarded tax credit for investing in Taiwan film production in accordance with the Regulations Governing the Investment Credit of Domestic Film Production for the Enterprise Investing in Film Manufactures.

Managing Partner Arthur Shay has focused on the field of telecommunications and media industries for a long time and recently endeavored on related topics of planning and integration of business management. He was appointed a examiner of the investment project application for one year under the above regulations to provide expertise in legal planning and suggestions.

The information of "Regulations Governing the Investment Credit of Domestic Film Production for the Enterprise Investing in Film Manufactures" can be reached under the following link: http://www.gio.gov.tw/info/movie/invest93.htm

  October 2004 Managing Partner Arthur Shay has appointed by the Government of Information as an examiner of the investment project of the "Regulations for Encouraging the Modern Target Industry Regarding the Post-production of Digitalization of Movie Industry" Arthur Shay
    Managing Partner Arthur Shay has appointed by the Government of Information as an examiner of the investment project of the "Regulations for Encouraging the Modern Target Industry Regarding the Post-production of Digitalization of Movie Industry" and the position period is from October 11, 2004 to October 10, 2005.
  June 2004 The Asia-Pacific Legal 500 Recommends Shay & Partners for Corporate and commercial, Intellectual property and Telecommunications areas. Shay & Partners
    The Asia Pacific Legal 500 is an independent guide to the leading firms in the jurisdictions listed. It is intended to be a guide for the commercial client - particularly for corporate counsel, in-house lawyers and for those responsible for investment and trade in the Asian market. In addition, it serves as an essential reference tool for legal practitioners looking for suitably qualified lawyers to assist them in their business.

The Asia-Pacific Legal 500: http://www.legal500.com
  June 2004 The Asia-Pacific Legal 500 Recommends Arthur Shay for Leading Individuals in IT and Telecommunications areas in Taiwan. Arthur Shay
    The Asia Pacific Legal 500 is the guide to the law firms in this rapidly-changing region to offer independent analysis of strength of practice and reputation. Their researchers speak to hundreds of lawyers and clients in addition to researching deals worked on when compiling their recommendations as to the premier practices. Readers will find information on both the international firms - primarily UK and US - and the domestic, local firms who have secured strong reputations in the region.

The Asia-Pacific Legal 500: http://www.legal500.com
  April 2004 Arthur Shay has named leading business lawyer in Intellectual Property, IT & Telecommunications and Mergers & Acquisitions by 2004 AsiaLaw Leading lawyers survey Arthur Shay
    The 2004 Leading Lawyers Survey has identified Arthur Shay as one of Asia's leading business lawyers. This prestigious endorsement is in recognition of Mr. Shay's work in the following practice areas:Intellectual Property, IT & Telecommunications, Mergers & Acquisitions.

AsiaLaw Leading Lawyers has been published annually by Asia Law & Practice since 1995. The results reflect one of the most extensive legal surveys in Asia. Thousands of questionnaires were sent to the region’s legal experts and law firm clients asking them to recommend individual lawyers in different practice areas.


Asia Law: http://www.asialaw.com
  April 2004 Christopher Neumeyer has named leading business lawyer in Corporate Restructuring and Mergers & Acquisitions by 2004 AsiaLaw Leading lawyers survey. Christopher M. Neumeyer
    The 2004 Leading Lawyers Survey has identified Christopher Neumeyer as one of Asia’s leading business lawyers. This prestigious endorsement is in recognition of Mr. Neumeyer’s work in the following practice areas:Corporate Restructuring and Mergers & Acquisitions

AsiaLaw Leading Lawyers has been published annually by Asia Law & Practice since 1995. The results reflect one of the most extensive legal surveys in Asia. Thousands of questionnaires were sent to the region's legal experts and law firm clients asking them to recommend individual lawyers in different practice areas.

Asia Law: http://www.asialaw.com
  April 2004 Advisor, Research Institute of Music Heritage, National Center for Traditional Art, Council for Cultural Affairs (2004/04) Arthur Shay
    "Research Institute of Music Heritage, National Center for Traditional Art" is responsible for the works of investigation, collection, research, preservation, exhibition and promotion of folk music, and establishes the only "Folk Music Data Center" in Taiwan. The Data Center becomes the key site of folk music preservation and international culture exchange for its unique historic flavor combined with the characteristic of folk music. To move forward to the cyberspace era, the Data Center has planned to create a folk music database with Taiwanese traits towards a museum with digital function.

For better planning and counsel regarding the collection and research of folk music, the Research Institute invites scholars and specialists to assemble an advisory committee to provide professional opinions in creating the folk music database.

Managing Partner Arthur Shay, who is invited as an advisor with his professional background of digital music IPR, will provide his legal expertise on digital music for the Research Institute.

The website of the Research Institute of Music Heritage, National Center for Traditional Art can be reached: http://rimh.ncfta.gov.tw/nmusic1/index.html
  March 2004 Member, Digital Video Industry Development Program Office, Ministry of Economic Affairs (2004/03/01-2006/02/28) Arthur Shay
    The 21st Century is a new era of knowledge-based economy. Rapid and bulk transmission of information by digital is an essential factor to broaden the knowledge-based economy. Among other things, the digital video hardware and software industries driven by digital television and broadcasting can bring a great amount of economic benefits following the rapid development of knowledge-based economy. Therefore, many advanced countries all devote in developing high technology of digital video and integration of networks. To promote the digital video industry, the Taiwan Digital Television Industry Alliance (TDTVA) creates an industrial cooperative platform and multi-levels consultation combining the efforts of government, industries, academia and research institutes and the Digital Video Industry Development Program Office as core, and explores the development strategy of video industry, policy recommendation, common standard and specification.

Managing Partner Arthur Shay has concentrated on digital technology development and dedicated in planning and integration of digital broadcasting and television for long. This time Attorney Shay is invited as a member of the TDTVA for two years to provide professional legal advise to help achieve the goal.

The Digital Video Industry Development Program Office of MOEA can be reached as following website: http://www.dvo.org.tw
  February 9, 2004
 Attorney William Edwards (admitted in Virginia, USA) served as judge at the 2004 Philip C. Jessup International Law Moot Court Competition – Taiwan Regional Round William H. Edwards
    From 9th to 14th February, attorney William Edwards served for the third time as a judge at the 2004 Philip C. Jessup International Law Moot Court Competition – Taiwan Regional Round. Hosted by Soochow University School of Law, the theme this year is "The Kingdom of Arkam v. The State of Randolfia – on the differences between them concerning the International Criminal Court".

For further information on the competition please refer to Soochow University website at:
http://www.scu.edu.tw/lex/c3.htm

The 2004 Philip C. Jessup International Law Moot Court Competition was held at Washington USA on 29th March, 2004, relevant information could be found at:
http://www.ilsa.org.
  December, 2003 Arthur Shay has been appointed for a consecutive term as a member of the Third Telecommunication Reviewing Committee at DGT Arthur Shay
    Arthur Shay, managing partner, has been appointed for a consecutive term as a member of the Third Telecommunication Reviewing Committee at the Directorate General of Telecommunications (DGT) Ministry of Transportation and Communications.

The Telecommunication Reviewing Committee is established to handle the disputes and lawsuits on telecom administration. The committee is responsible for governing the disputes between telecom operators and telecom facilities business or clients and users; disputes on allocating and assigning of wireless frequencies; disputes between telecom operators and public telecommunications business on technical administration among other legal affairs in a fair and just manner. Established on the 1st of June 1998, the Committee is composed of political parties representatives, scholars, consumer groups representatives and other experts. Members serve the board for a term of two years.

As an expert in the field of telecommunications coupled with extensive practical experience, the DGT has a high regard for Arthur Shay, who as a result is appointed as the committee member.
  October 31, 2003 Arthur Shay awarded as e-commerce "Legal Foundation Group" expert Arthur Shay
    On 31st October 2003, Mr. Arthur Shay, the managing partner at Shay & Partners, was awarded the prestigious title as the expert of e-commerce “Legal Foundation Group” by the Executive Yuan NICI International Corporation Group.
In the attempt to propose further comments and to cultivate our e-commerce scholars and experts and their continuous participation in bi-lateral and multi-lateral international organizations or forums in global e-commerce development, the Executive Yuan NICI International Corporation Group has been promoting from this year the “E-Commerce Experts Training Program 2003” Plan. There are five categories in this plan, namely Legal Foundation Group, E-Commerce Application Group, Consumer Protection Group, Standard and Technical Group and Evaluation and Promotional Training Group.
Our Managing Partner, Mr. Arthur Shay, who has participated in various international e-commerce conferences as national representative, possesses rich experience and professional knowledge in e-commerce. He was consequently awarded the prestigious title as the expert of e-commerce “Legal Foundation Group”.

Through the research and contribution by the experts, NICI hopes to monitor the international e-commerce development trend, to actively promote international compatibility and e-commerce development, so as to establish an ideal environment for national business development as well as boosting our national overall competitiveness.
   
Press
  Date Subject Participant
  May 2005 Managing Partner Arthur Shay published "Do you know Internet Privacy" in Taiwan CNET Arthur Shay
    In terms of the information provided, the caller ID is not merely the designated subscriber's number but includes the daily activity records of the caller. According to the broadly explanation of the Computer-processed Personal Data Protection, the telephone number is the personal information enjoyed by the caller. But whether the said personal information is shared between the caller and recipient can be inferred by the caller ID nature of the caller's daily activity. Because the caller is not intended to disclose personal daily activities to the recipient, the caller has the privacy expectation to the information. Therefore, telecommunications carriers shall not disclose such information to the third party without any limitation based on protection of personal privacy. However, the caller ID doesn't regulated by law at present and which may result in harm to personal privacy due to ignorance of the caller ID display function by the authorities concerned and telecommunications carriers. Recently, the government is promoting one-sided compulsory caller ID display measure in consideration of crime prevention. But the author seems that the measure is clearly against people's reasonable expectation to communication privacy. If the measure must be carried out, it should be clearly stated in a law. The reasons are the following:


1. The Principle of Legal Reservation: If the government wants to limit any of people's fundamental right (privacy), it should be clearly stated in a law.


2. The Principle of Proportionality: Will compulsory display of caller ID be an effective and necessary mean to achieve in prevention of telephone scam? For the purpose of crime prevention, to request all telecommunications carriers to provide caller ID but without giving the right to the caller not to reveal the telephone number is questionable and would be somehow partial.


Any who would like to know whether there is any legislation with regard to the caller ID, please refer to the website of CNET Taiwan as the following link:
http://taiwan.cnet.com/enterprise/column
  May 2005 Consultant, David C. L. Yeh published "Government Urged to Fight on Phone Scams" in Newsletter Updates, International Law Office David C. L. Yeh
   

Telephone scams are increasing at an alarming rate. Fraudsters usually avoid detection by using Voice over Internet Protocol (VoIP) or prepaid phone cards to conceal their real telephone number. In order to supervise telecommunications operators' compliance with the anti-fraud scheme launched by the police administration, on April 25 and 29 2005 the Directorate General of Telecommunications (DGT) announced two new policies on blocking unlawful communications and controlling the radio wave coverage of mobile base stations in Kimmen. The DGT urged operators to join forces to fight crime and appealed to the public to cooperate fully with the authorities in tackling phone scams.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  May 2005 Managing Partner Arthur Shay published "Should Caller ID Displayed on Handsets?" in Taiwan CNET Arthur Shay
    Caller ID function is a convenient service from advanced communication technology. It introduced by US Bell Company in 1984 to improve its market competitiveness and tried to allure subscribers by the newly function of caller ID display. It enables the recipient to recognize the caller’s phone number before picking up the phone and choose whether to accept the call or not. However, the service drew a great public controversy primarily on whether the provision of caller’s ID would infringe caller’s privacy on its phone number?
  May 2005 Consultant, David C. L. Yeh published "Taiwan to Grant Telephone Numbers to VoIP Services" in Newsletter Updates, International Law Office David C. L. Yeh
    After a lengthy consultation period and discussion regarding initiation of regulations relating to Voice over Internet Protocol (VoIP) services, the Directorate General of Telecommunications (DGT) has finally decided to grant E.164 telephone numbers to qualified operators, i.e., mobile or fixed-network telecommunications operators, or Type II telecommunications operators engaged in the provision of VoIP services with nominal capital of at least one billion NT dollars (USD$ 31.7 million) and issue related regulations. Dr. Kao Kai-Sheng, the Deputy General of the DGT, announced the latest VoIP policy in a public hearing on April 15, 2005.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  May 2005 Attorney, David Wei published "Do You Agree to Be Dispatched? -- Analysis of Legal Risk on Human Resource Dispatch" in PC Home Magazine May 2005 David Wei
   

"Human Resource Dispatch" (HRD) has become a louder phrase to private consultancy or human resource companies under the consideration of saving personnel costs and adjusting the competitiveness of manpower between the busy and low seasons. The HRD system is formed under a triangle relationship: the dispatching operator, the dispatched labor and the personnel department of enterprise. The dispatched labor is under a contractual arrangement between the dispatching operator and the personnel department of enterprise. The personnel unit does not have to bear the burden of the employer's responsibilities, such as retirement pension, health care, employee's welfare funds, compensation for occupational injury, etc. Once the term of dispatch is expired, the dispatched work is automatically terminated and the labor is laid off 'automatically' and no severance pay is needed, which substantially lowers personnel costs.

However, is there any difference between dispatched labors and general labors?
1. Is a dispatched entitled to the new labor retirement pension system, which the dispatching operator (employer de jure) is required to contribute a certain amount of employee's monthly salary into an individual pension account?


2. In the event the dispatching operator is not the type of labor cooperative association, which part should be noted in addition that the dispatching operator should load the employer's duties under the Labor Standard Law.

The reader who is considering engaging the work of human resource dispatch should think thrice before you act on such uncertain risk of dismissal.

Any who would like to know the human resource dispatch please refer to the content of PC OFFICE Magazine May 2005 issue.
  April 2005 Christopher M. Neumeyer published "Taiwan's Pension System make giant strides" in ASIAN COUNSEL April 2005 Christopher M. Neumeyer
   

On July 1, 2005, a new retirement pension law is scheduled to take effect in Taiwan that will dramatically change the existing pension system, increasing the rights of employees and obligations of employers.

The new Labor Pension Act (LPA), which becomes effective July 1 (but was enacted a year earlier), significantly increases the number of eligible employees, by making retirement accounts portable and eliminating vesting requirements. Under the LPA, every company doing business in Taiwan will be required to make monthly contributions on behalf of each eligible employee, in an amount equal to at least 6 percent of the employee's monthly salary, into a portable, individual account administered by the Bureau of Labor Insurance (BLI). The funds will be invested by the government, which will guarantee a rate of return at least equal to that paid by local banks on two-year certificates of deposit, and may be withdrawn by the account's owner upon reaching the age of 60.
  April 2005 Consultant, David C. L. Yeh published "Taiwan Pushes for Reform of Radio Spectrum" in Newsletter Updates, International Law Office David C. L. Yeh
    On August 8, 2004, the Government Information Office ("GIO") and the Ministry of Transportation and Communications ("MOTC") jointly issued an ambitious broadcast policy named "Re-map Frequency Modulation (FM) Radio Spectrum Bands," in order to restructure the current chaotic airwave environment, promote sustainable development of broadcasting industry and provide for a smooth transition of broadcast from analog to digital. The future of the re-mapping policy may be somewhat uncertain, because its chief proponent, Lin Chia-lung, the former Director of GIO, declared his resignation on March 1, 2005, to devote his time to the campaign for Taichung Mayor; however, Lin said that the policy will remain unchanged and will be implemented by his successor.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  April 2005 Consultant, David C. L. Yeh published "Does ISP Have the Right to Refuse Internet Access When Illegal Downloading?" in PC Home Magazine April 2005 David C. L. Yeh
    The special legal column is written by the interview of PC Home Magazine to inform Internet file-sharers to comply with the Copyright Act and other potential legal disputes.

The dispute of peer-to-peer (P2P) is arising from the latest Internet technology to enable the file sharers to pass data with each other without via a centralized mechanism. Some software, such as BitTorrent, can provide the multi-sharing function to make a movie be downloaded from different persons and finally to be combined a complete file of movie. Current legal system of copyright does not reach this area. No matter whether the P2P to provide swap of lists or files constitutes the infringement of copyright, actually the downloading of unofficially released or unauthorized music, films or data is illegal per se to be blamed. However, the burden of proof is the most difficult question in the end.

Any who would like to know the information with regard to whether P2P downloading is illegal or not please refer to the content of PC Home Magazine April 2005 issue.
  April 2005 Managing Partner Arthur Shay's column "Do you know Internet Privacy" in CNET Taiwan of April 25, 2005 Arthur Shay
    The scope of Internet privacy disputes under the latest technological development is rather broad, including caller ID, personal data protection, electronic transaction, and personal privacy issues arising from FRID application.

In the light of the development, Managing Partner Arthur Shay will provide articles relating to the topic of Internet privacy on the CNET Taiwan from April 25, 2005. The first article's title is "Is There Any Law to Regulate Spam?" to discuss the overflowed spam, which is the most accursed problems instead of computer viruses in the cyberspace. Therefore, many countries enact laws to cope with this matter. However, does the chaos of spam can be stopped through legal measures? That is a big question.

Any who would like to know whether there is any legislation with regard to spam, please refer to the website of CNET Taiwan as the following link:
http://taiwan.cnet.com/enterprise/column
  April 2005 Attorney, David Wei published "The Scope of Employee’s Fixed-term Agreement Will be Broadened Under the Outsourcing Trend" in PC OFFICE Magazine April 2005 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "The Scope of Employee's Fixed-term Agreement Will be Broadened Under the Outsourcing Trend", attorney David Wei focused on the issue of labor agreement.

In order to lead the strategy on personnel matters, the employer adopts a tactic of fixed-term agreement to cause a situation that the employment relationship will end up when the term of agreement has been expired. In the event, the employer won’t give the severance pay or pension to employees in accordance with the Labor Standard Law and every labor condition shall be renegotiated. As soon as the employer takes the leading position of "continuance of employment", labors will lose their negotiating power to renew the employment agreement under such a situation. Moreover, even both parties consent to renew the agreement under the fixed-term situation, the original conditions (ex. salary) will not exist and everything will start over. There is less protection for the employee's side.

Any who would like to know the application and possibility of the fixed-term employment agreement please refer to the content of PC OFFICE Magazine April 2005 issue
  March 2005 Consultant, David C. L. Yeh published "DGT to Collect Number Usage Fees" in Newsletter Updates, International Law Office David C. L. Yeh
    The Directorate General of Telecommunications (DGT) has decided to explore the possibility of collecting number usage fees from fixed-network and mobile operators, in order to encourage the effective utilization of this finite resource, reduce the abuse of telecommunications numbers and address potential security concerns. The DGT's authority to take such action derives from a resolution passed by Taiwan's legislature when Article 20-1 of the Telecommunications Act was amended in 2002, empowering the DGT to establish criteria for charging number usage fees within the following three to five years. In order to solicit public opinions and develop sound policy on the issue, the DGT released a public consultation paper entitled "The Mechanism for Collecting Telecommunications Numbers Usage Fees" on February 5 2005. Responses were due by February 25 2005.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  March 2005 Attorney, David Wei published"Boundless Temptation in the Online World: the Latest Practice Development of Cyber Crime and Entrapment" in PC OFFICE Magazine March 2005 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Boundless Temptation in the Online World: the Latest Practice Development of Cyber Crime and Entrapment", attorney David Wei focused on the issue of cyber crime.

The most known cyber crimes, in addition to the theft of virtual treasure in online games, there is a great deal of the sort of crime on violation of the Child and Youth Sexual Transaction Prevention Act by spreading information of sexual transaction, online pornography or seducement. However, cyber entrapment made by the policy has brought about many disputes in litigation practice. In that event, the policeman disguises as a prostitute on the Internet and asks for sexual deals. Once the defendant agrees with the deal, the disguised policeman arrests the defendant when he shows up.

In an opinion of a decision by the criminal division of the Supreme Court that stated: …in case that the policeman arrests the criminals by entrapment based on his original intention of sexual transaction, it is legal and not violating the due process that the policeman’s act is necessary for collecting evidences and meets the end of criminal investigation. It is different from the case that the entrapment is made to lure the person to commit crimes. Nevertheless, the entrapment will continue to be adopted because the police bears heavy burden to solve criminal cases.

Any who would like to know the latest practice development of cyber crime and entrapment please refer to the content of PC OFFICE Magazine March 2005 issue.
  March 2005 Attorney, David Wei published "Boundless Temptation in the Online World: the Latest Practice Development of Cyber Crime and Entrapment" in PC OFFICE Magazine March 2005 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Boundless Temptation in the Online World: the Latest Practice Development of Cyber Crime and Entrapment", attorney David Wei focused on the issue of cyber crime.

The most known cyber crimes, in addition to the theft of virtual treasure in online games, there is a great deal of the sort of crime on violation of the Child and Youth Sexual Transaction Prevention Act by spreading information of sexual transaction, online pornography or seducement. However, cyber entrapment made by the policy has brought about many disputes in litigation practice. In that event, the policeman disguises as a prostitute on the Internet and asks for sexual deals. Once the defendant agrees with the deal, the disguised policeman arrests the defendant when he shows up.

In an opinion of a decision by the criminal division of the Supreme Court that stated: …in case that the policeman arrests the criminals by entrapment based on his original intention of sexual transaction, it is legal and not violating the due process that the policeman’s act is necessary for collecting evidences and meets the end of criminal investigation. It is different from the case that the entrapment is made to lure the person to commit crimes. Nevertheless, the entrapment will continue to be adopted because the police bears heavy burden to solve criminal cases.

Any who would like to know the latest practice development of cyber crime and entrapment please refer to the content of PC OFFICE Magazine March 2005 issue.
  February 2005 Attorney, David Wei published "Fame or Wealth? – The Legal Perspective of the Promotion from Employee to Manager" in PC OFFICE Magazine February 2005 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Fame or Wealth? – The Legal Perspective of the Promotion from Employee to Manager", attorney David Wei focused on the issue of labor's pension.
According to the press, part of local enterprises intentionally promote many managers in order to lower the personnel cost by dodging the new labor pension system, which requires every enterprise contributing 6% of employee’s salary to his/her personal account. Even the factory foremen change their position to "operation manager" or "factory manager". 20 to 30 "managers" would be crowded in a company.

To face this problem, the Council of Labor Affairs clarified that to appoint a manager by a company should be consent by the board. To change the position of a labor by the employer is not allowed. Once the above events are reported to or investigated by the Bureau of Labor Insurance, the employer should pay the pension and cannot shirk responsibility. The Bureau will ask for the contributed pension to the said enterprises.

Any who would like to know new system of labor pension please refer to the content of PC OFFICE Magazine February 2005 issue.
  January 2005 Consultant, David C. L. Yeh published "DGT Urged to Consult Further on VoIP Management" in Newsletter Updates, International Law Office David C. L. Yeh
    On June 14, 2004, the Directorate General of Telecommunications (DGT) issued a request for comments entitled "Internet Phone Service Management," soliciting opinions from various groups and enterprises on eleven topics, to provide guidance in determining regulatory policy concerning Voice over Internet Protocol (VoIP). On November 26, the DGT issued a second request for comments concerning allocation of telecommunication numbers and other key issues relating to VoIP, in order to further assist the DGT in adjusting Taiwan's administrative regulations to promote global development of VoIP, encourage innovative technologies and services, and protect the options of consumers regarding telecom services. In the latter request for comment, the DGT concluded three models of recommendation that enable the VoIP policy towards bright and clear.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  January 2005 Consultant, David C. L. Yeh published "Implementation of Mobile Number Portability Postponed" in Newsletter Updates, International Law Office David C. L. Yeh
    Number portability refers to the ability for a telecom subscriber to retain an existing telephone number while switching from one mobile telecom operator to another. While number portability is already required of all fixed telecom operators, the issue is more complex for mobile operators, requiring the development of a concentrated database, which will manage data of all mobile subscribers and permit operators to access, store and exchange such subscriber data. Development of such a database and the framework of the entire system is taking longer than initially anticipated, meetings are being conducted to coordinate efforts and select an administrator of the database, but it is uncertain when the system will be ready.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  January 2005 Attorney, David Wei published "Is the Disguised Transfer An Omen of Lay Off?" in PC OFFICE Magazine January 2005 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Is Disguised Transfer An Omen of lay off?", attorney David Wei focused on the labor pension issue. Taiwan’s new labor pension system will be launched from July 2005. The employer should contribute 6% of employees’ salary to individual retirement accounts, and appropriate employees' retirement fund by year according to the Labor Standards Act. Furthermore, in face of more and more companies adopting "lower monthly salary, higher bonus", which makes the structure of labor salary twisted, the Labor Council intends to amend the Enforcement Rules of Labor Standards Act to switch the bonus under the item of non-recurrent salary "night-shift snacks" and "food allowances" to recurrent salary, so as to prevent the employers circumventing the cost of the pension appropriation.

It can be presumed that the employers will, in the following months, to adopt counter-measures to control the operational cost. The human resource plan of enterprises will take the popular outsourcing and human resource dispatch into account.

How to confront the personnel transfer by your boss? please refer to the content of PC OFFICE Magazine January 2005 issue.
  December 2004 Attorney, David Wei published "Is Parallel Import legal For the Copyrighted Goods After the New Copyright Act 2004?" in PC OFFICE Magazine December 2004 David Wei
   

The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Is Parallel Import legal For the Copyrighted Goods After the New Copyright Act 2004?", attorney David Wei focused on the issue of musical works. If you roam around some chained record stores in Taipei downtown, you’ll find that many Japanese tourists are searching western music CDs, even they are looking for Japanese new albums. As many know that it is very costly to buy CD in Japan. Taking the latest album "Sentimental Lovers" of Japanese famous singer, Ken Hirai, as an example, the said album of the retailed price is ¥3,059, that is about NT$1,000, listed in Japanese Amazon (http://www.amazon.co.jp/). No wonder Japanese tourists are scrambling the cheaper copyrighted CDs by one-third price for the same one in Japan. However, new amendments to the Copyright Act of Japan have been introduced during this mid-year, and the above things could be changed in the future. In new regulations, except for the CD carried into Japanese territory just for personal use or as a gift, it will be prohibited importing commercial recording products from outside countries. Especially those are produced within seven or even shorter years (four years in provisional planning), so as to protect domestic music and recording industries.

Any who would like to know new development and impact of the Copyright Act of Japan please refer to the content of PC OFFICE Magazine December 2004 issue.
  December 2004 Attorney, Roger Tsai published "The Mobile Device in the Pocket – The Issue of the Privacy of RFID" in HOPENET Magazine December 2004 Issue Roger Tsai
   

RFID (Radio Frequency Identification) is a kind of non-touchable automatic identification technology. The RFID has been invented for a long time, and it can be traced back to the identification device of enemy aircrafts during World War II. In recent, the RFID has broken through the bottleneck technology and transformed into microminiaturization of radio frequency elements and lowered the cost to the commercial practice stage. By encouragement of the maturity of barcode technology, the application of RFID has caught attentions and it is predicted to stir up the industry revolution of logistics management. RFID has widespread applications and practical values, for example, the entrance guard, tracing management, medical care, traffic management, and etc; it has become the superstar industry. However, the problems, such as privacy invasion, should be noticed due to daily application of RFID and thorough life change of human beings.

To gain a clear understanding with regard to privacy protection of RFID, the December 2004 issue of HOPENET Magazine is definitely a must read..
  December 2004 Managing Partner Arthur Shay's column "Being Late is Professional's Arrogance" in the issue of the Thirty (30) Magazine Arthur Shay
   

The 30 Magazine is aimed at the elite readers of the age from 25 to 35, and this first issue on September 1, 2004 provides all aspects of information and analysis, including career, occupation, investment, learning, education, living, family, devotion, and health.

Managing Partner Arthur Shay has published an article entitled "Being Late is Professional's Arrogance" in the issue of the 30 Magazine. It implicates the bad habit that is connived when entering the society – being late, to illustrate the balance and connections between the expertise and sincerity.

Related content, please refer to 30 Magazine on December issue of 2004.
  November 2004 Attorney, Christopher M. Neumeyer published "Government Struggles to Continue Privatizations" in Newsletter Updates, International Law Office Christopher M. Neumeyer
    The Taiwanese government has vowed to continue privatizing state-owned enterprises in a bid to fill a budget deficit that is forecast to hit a record NT$304 billion by the end of 2004. Thirty-one state-owned companies have been privatized (meaning 50% of their shares have been sold to the public) since the government passed the Statute on the Privatization of State-Run Enterprises in 1991. Only 18 state-owned companies remain.

Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  November 2004 Attorney, David Wei published "Performer's right in the show-off time " in PC OFFICE Magazine November 2004 David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Performer’s right in the show-off time", attorney David Wei focused on the issue of musical works. In Jay Chou’s latest album, we can look into the script inside the CD where the author’s name of music and lyrics are put on. These creations of lyrics and music are under the definition of "musical works" in the Copyright Act. Furthermore, a song recorded in the studio and attached to the CD will be classified as a "recording works". Those works are independent and separate works, are protected by the Copyright Act respectively, and owned by different authors. Generally speaking, the right to use those works (e.g. the right to public broadcast on the TV or broadcasting system, the right to public transmission on the web) would be authorized to domestic copyright intermediary organizations or music companies to exercise their power to collect royalties. How about the performer, like Jay Chou?

Any who would like to know which right the musical performer would have granted by the Copyright Act, please refer to the content of PC OFFICE Magazine November 2004 issue.
  November 2004 Attorney, David Wei published "Establish the Burden of Proof on Trade Secret Cases: A Perspective From the Commercial Espionage Case of ALi Corporation" in HOPENET Magazine November 2004 Issue David Wei
    The news regarding the indictments and judgments of trade espionage cases are booming in recent years, including the famous case that VIA Technologies was been accused of stealing the IC chips of D-Line Corporation, and the chairperson was charged for four-year imprisonment. It was reported that the ex-employee of the Taiwan Branch of Dow Chemical Company, the famous cross-broader enterprise, stole the commercial intelligence in this August. And the earlier criminal judgment, the former R&D chief of ALi Corporation stole the files of IC design diagrams to the rival in the Mainland China, was delivered in this April by the Criminal Court of Taipei District. ALi claimed one million US dollars for the loss of R&D cost and legal royalty in the process of supplementary civil action.

These repeated scandals give the industry a lesson: "Commercial Espionage" is a crucial issue to be handled when the company faces the driving competition. Along with rapid staff turnover, easier copying digital records and prevailing network equipments, it is important for competitive IT industries to carry out the protection of trade secret and establishment of proof burden mechanism and measures to obtain evidence. To gain a clear understanding regarding how to establish the burden of proof on trade secret cases, the November 2004 issue of HOPENET Magazine is definitely a must read.
  November 2004 Managing Partner Arthur Shay's column in the issue of the Thirty (30) Magazine Arthur Shay
    The 30 Magazine is aimed at the elite readers of the age from 25 to 35, and this first issue on September 1, 2004 provides all aspects of information and analysis, including career, occupation, investment, learning, education, living, family, devotion, and health.

Managing Partner Arthur Shay has abundant experience in legal practice and firm management, and will create a column in this magazine to communicate with the new generations who are trying to soar in the future. He expects those youngsters can learn some good experience from others to create their new life.

Related content, please refer to 30 Magazine on November issue of 2004.
  October 2004 Attorney, Christopher M. Neumeyer published "Phishing Attacks a Growing Problem in Taiwan" in World Copyright Law Report Christopher M. Neumeyer
    The government has been working on developing a comprehensive plan in response to unsolicited commercial emails. Recently it vowed to accelerate those plans in response to the growing problem of phishing, including the arrest of a 16-year old student for a series of phishing attacks, using emails disguised as letters from major US corporations in order to obtain users’ sensitive personal data.

The whole content can be reached at the website of World Copyright Law Report:
http://www.worldcopyrightlawreport.com (pay site)
  October 2004 Consultant, David C. L. Yeh published "Implications on 'Copy Control Measures' Added in the New Copyright Act: Is it Illegal Per Se to Deactivate the Copy Control Measures in the Music CD by Using Circumvention Technologies?" in PC OFFICE Magazine October 2004 David C. L. Yeh
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Implications on 'Copy Control Measures' Added in the New Copyright Act: Is it Illegal Per Se to Deactivate the Copy Control Measures in the Music CD by Using Circumvention Technologies?", attorney David Wei focused on the "Copy Control Measures" in the new amendments to the Copyright Act passed by the congress on August 24, 2004. In the legislation last year, the original term of "Copy Control Measures" in the draft bill proposed by the Intellectual Property Office (IPO) was called "Technological Protection Measures". According to the explanation by the IPO posted on its official website, the technological protection measures, which is created to reach the goal of protecting the interests of copyright owners, refers to the measures that the copyright owners adopt to prevent others from accessing the work by circumventing the measures without any consent. It seems to be close to the trend of international legislation; however, it arises more disputes in practice. Especially from the viewpoint of many users (readers and audiences) to such works, this kind of legislation excessively protects the copyrighter and does harm to the user to claim the "fair use" in the Copyright Act. Any who would like to know how the legislation of "Copy Control Measures" or "Technological Protection Measures" affect the consumers, please refer to the content of PC OFFICE Magazine October 2004 issue.
  October 2004 Consultant, David C. L. Yeh published "Do You Decrypt the Code? : Introduction to the Copy Control Measures" in the New Copyright Act Hopenet Magazine October 2004 Issue David C. L. Yeh
    In 1980, China began to draft the Telecommunications Act, and this bill had been put into the legislative progress for years. The Ministry of Information Industry (MII) established the Leaders Group, Working Group, and Specialists Consultation Committee in April of 2001 to draft the Telecom Act, and the Minister Wang Shu-dong personally leads these groups. In recent, the drafting work is coming to an end and the consensus has been made. If no other unforeseen event occurs, it is predicted that the draft bill would be submitted to the Legal Office of the State Council for review. This article is to discuss when will the draft become the effective law, does it affect the development of telecom operators in China, and other separate issues in the draft.

To gain a clear understanding of the impact and development of the draft bill of Telecommunications Act of Mainland China, the October 2004 issue of Hopenet Magazine is definitely a must read.
  October 2004 Consultant, David C. L. Yeh published an article entitled "Taiwan's new copyright provision reflects influence of DMCA" in World Copyright Law Report David C. L. Yeh
    Under pressure from the US, Taiwan's Legislative Yuan passed several amendments to the Copyright Act on August 24, 2004, removing an exemption for minor infringers who lack intent to profit and adding a provision modeled after the controversial US Digital Millennium Copyright Act (DMCA), which prohibits the sale of software intended to circumvent copy-protection technology. To become law, the amendments need only to be promulgated by the President, something that could happen as early as next month.

The whole content can be reached at the website of World Copyright Law Report:
http://www.worldcopyrightlawreport.com (pay site)
  September 29, 2004 Managing Partner Arthur Shay interviewed with "Accounting Research Monthly Magazine" on the topic of the operation and challenges of a Professional Firm (CPAs and Attorneys) Arthur Shay
    On the topic of a professional firm's operation and challenges, Attorney Arthur Shay discussed the strategic planning and globalization arrangement of a law firm and expressed his personal insight regarding the pre-service attorney education and the blueprints of the firm's development in the future. Any who is interested in this topic can refer to the issue 226 (2004.09) of "Accounting Research Monthly Magazine".
  September 29, 2004 Managing Partner Arthur Shay's new column in the first issue of the Thirty (30) Magazine Arthur Shay
   


The 30 Magazine is aimed at the elite readers of the age from 25 to 35, and this first issue on September 1, 2004 provides all aspects of information and analysis, including career, occupation, investment, learning, education, living, family, devotion, and health.

Managing Partner Arthur Shay has abundant experience in legal practice and firm management, and will create a column in this magazine to communicate with the new generations who are trying to soar in the future. He expects those youngsters can learn some good experience from others to create their new life.

Related content, please refer to 30 Magazine on September issue of 2004.
  September 2004 Consultant, David C. L. Yeh published an article entitled "New Broadband Plan to Advance FTTH Access" in
Newsletter Updates, International Law Office		 David C. L. Yeh
     
  September 2004 Attorney, Christopher M. Neumeyer published "Court Acquits Professor for Hyperlink to Porn Webs" in World eBusiness Law Report Christopher M. Neumeyer
   


On June 25, the Taipei District Court announced a not-guilty verdict in a criminal case brought against a university professor who posted on an academic Web page a hyperlink to a Web site purportedly featuring graphic images of bestiality.

English professor Josephine Ho served as director of the National Central University's Center for the Study of Sexuality when she posted on the center's Web page a link to a site labeled "Beast Love," which reportedly contained images of people having sex with animals.

The whole content can be reached at the website of World eBusiness Law Report:
http://www.worldebusinesslawreport.com (pay site)
  September 2004 Consultant, David C. L. Yeh published an article entitled "Waiting For Twenty-Four Years! An Overview on the Proposed Telecommunications Act of the Mainland China" in Communications Magazine August/September 2004 Issue David C. L. Yeh
    In 1980, China began to draft the Telecommunications Act, and this bill had been put into the legislative progress for years. The Ministry of Information Industry (MII) established the Leaders Group, Working Group, and Specialists Consultation Committee in April of 2001 to draft the Telecom Act, and the Minister Wang Shu-dong personally leads these groups. In recent, the drafting work is coming to an end and the consensus has been made. If no other unforeseen event occurs, it is predicted that the draft bill would be submitted to the Legal Office of the State Council for review. This article is to discuss when will the draft become the effective law, does it affect the development of telecom operators in China, and other separate issues in the draft.

To gain a clear understanding of the impact and development of the draft bill of Telecommunications Act of Mainland China, the August/September 2004 issue of Communications Magazine is definitely a must read.
  September 2004 Attorney, David Wei published "The Original to Be Adapted In the Sense of Sarcasm and Irony: Implication on the Reasonable Use Doctrine" in PC OFFICE Magazine September 2004 Issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "The Original to Be Adapted In the Sense of Sarcasm and Irony: Implication on the Reasonable Use Doctrine", attorney David Wei discussed some plots in the famous movies have been edited and dubbed by movie fans through the fashionable multimedia editing software, and put it on the Internet for sharing. It is heard that some companies wish to run a profitable business by downloading the said movies. However, the film producers made an announcement to demand the fans to stop adapting. What problems will the adaptation cause regarding the reasonable use doctrine in the Copyright Act? Any who would like to know the legal disputes, please refer to the content of PC OFFICE Magazine September 2004 issue.
  August 2004 Attorney, David Wei published "Judging Principle of the Duration of Copyright: An Implication from the Event of Deadline 711" in PC OFFICE Magazine August 2004 Issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "Judging Principle of the Duration of Copyright: An Implication from the Event of Deadline 711", attorney David Wei discussed from the official letter from Intellectual Property Office (IPO) to policy authorities that from July 11, 2004 any work and its copy retroactively protected under the Copyright Act shall not be publicly displayed, transacted, or consigned; otherwise those acts shall be suppressed by policy authorities or indicted by the prosecutor. Would the duration of the copyright have any influence to consumers? And how to judge the timing? Any who would like to realize those controversies and the judging principles, please refer to the content of PC OFFICE Magazine August issue.
  July 2004 Consultant, David C. Yeh published DGT to Release Additional Fixed-Network Telecommunications Licences
in Newsletter Updates, International Law Office		 David C. L. Yeh
    On June 30 2004 Taiwan's Ministry of Transportation and Communications announced that additional integrated fixed-network telecommunications licences (which enable the licensee to engage in local, long-distance and international phone services) and cable leased-circuit business (including domestic long-distance land cable and international submarine cable) licences will be released regularly every March and September, starting from this September. If anyone is interested in the new measures on the fixed-network telecom market, this article is a must-read. All text can be reached on International Law Office website: http://www.internationallawoffice.com
  July 2004 Attorney, Christopher M. Neumeyer published Police use tough hacking provisions to arrest Trojan horse creator in World eBusiness Law Report Christopher M. Neumeyer
    The Taiwanese police arrested Wang Ping-An, a computer engineer, for creating a Trojan horse software program known as Peep (peep.exe and peepbrowser.exe). Wang is alleged to have distributed the program online to hackers, who used it to break into hundreds of government and private computers in Taiwan and steal sensitive data. The whole content can be reached at the website of World eBusiness Law Report:
http://www.worldebusinesslawreport.com (pay site)
  July 2004 Managing Partner Arthur Shay published Putting a value on IP: how to conduct a rights audit in World Copyright Law Report Arthur Shay
    Prior to any merger or acquisition, or substantial investment in a new or existing venture, an audit of the target's assets should be performed. This is especially true with respect to East Asian companies, as transparency and corporate governance standards in this region are generally lower than they are in countries such as the United States and United Kingdom. Judging the value and integrity of a company's intellectual property can be especially challenging for a host of reasons, many of which relate to its intangible nature. A successful IP rights audit requires the services of a multidisciplinary team composed of experienced accountants and attorneys, management representatives and, where appropriate, experts in the particular technologies at issue. This article provides a basic overview of some of the legal aspects of such an audit.
  July 2004 Consultant, David C. Yeh published Public Consultation on VoIP Service Management in Newsletter Updates, International Law Office David C. L. Yeh
    To ensure effective management of VoIP services, the Directorate General of Telecommunications (DGT) announced a consultation paper on "Internet Phone Service Management" to solicit public opinions on the scope of VoIP, operation models, management principles, numbers allocation policy, number portability, network interconnection, contribution to the universal service fund, emergency calls provision, recognition of calling party address, and other matters. Is there any impact on VoIP Service providers with respect to this consultation paper? Please refer to the article on the website of International Law Office on http://www.internationallawoffice.com
  July 2004 Attorney, David Wei published "Public Transmission Right Added in the New Copyright Act: A Viewpoint From the Announcement of Royalty Rates for Internet Use Made by Musical Copyright Intermediary Organizations" in PC OFFICE Magazine July 2004 Issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "'Public Transmission Right' Added in the New Copyright Act: A Viewpoint From the Announcement of Royalty Rates for Internet Use Made by Musical Copyright Intermediary Organizations", attorney David Wei discussed the latest news on the bulletin board of the Intellectual Property Office (IPO) regarding the royalty rates made by three copyright intermediary organizations. Will these rates have any impacts on the consumers? At present, some websites provide consumers with online hard disk storage service for paid or for free, which allows them to uplink data or for others to download. This sort of service is a quite common facilitation of Internet innovative service. Once anyone is allowed to freely download by means of such service, it may be inconsistent with the scope of "reasonable use", and probably infringe the "public transmission right" of others. Net-pals should be noticed when enjoying this service.

This article featured in the July 2004 issue of PC OFFICE Magazine is a must-read for those who are interested in online music downloading and the relationship with the public transmission added in the Copyright Act.
  July 2004 Consultant, David C. Yeh published An Unequal Sign Between Local Loop Unbundling and the Development of Broadband Network in HOPENET Magazine July 2004 Issue David C. L. Yeh
    This April some college students urged the President Chen to request the largest ISP provider, the state-owned Chunghwa Telecom, to lower their ADSL price, which is far higher than the average level of other countries. This piece of news was highly spread by local press and the main issue was focus on the local loop monopolized by the Chunghwa Telecom. "Local Loop" is such a popular term in this period. Since the purpose of local loop unbundling is not quite the same as the policy of broadband development, how could we regard the two as the same thing?

Should one would like to realize the relation between the above two things, July Issue of HOPENET magazine is definitely a must-read.
  June 2004 Attorney, David Wei published The Influence of Copyrighter's Distribution Right Amended in the New Copyright Act in PC OFFICE Magazine June 2004 issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The theme of this month "The Influence of Copyrighter's Distribution Right Amended in the New Copyright Act", attorney David Wei discussed the "temporary reproduction" and "public transmission" of the new amendment to the Copyright Act on July 9, 2003, which are widely discuss by the public. However, the influence of distribution right for copyrighter may be even more important than the above two. This article featured in the June 2004 issue of PC OFFICE Magazine is a must-read for those that are into the copyright legal matters.
  June 2004 Consultant, David C. Yeh published "How Does Cyberspace break down the Stubborn Relationship Between Human's Creation and Copyright Act: Book Review on Professor Lessig's Latest Work "Free Culture"" in HOPENET Magazine Junel Issue 2004 David C. L. Yeh
    FREE CULTURE: HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL, the latest work of Lawrence Lessig, Stanford Law School Professor, has been published in March, 2004. This new book deeply intensifies the cyberspace copyright issues in previous two works: CODE AND OTHER LAWS OF CYBERSPACE and THE FUTURE OF IDEAS: THE FATE OF THE COMMONS IN A CONNECTED WORLD, which have in-depth discuss regarding intellectual property rights and cultural progress. He challenged to U.S. Copyright Act, which extends the protection period of existing works for past 170 years, and found flaws in fundamental theory of copyright. He became the first one to question the constitutionality on the issue, especially in the U.S. Supreme Court case of Eldred v. Ashcroft, and attracted the jurisprudence academia, political tycoons and media’s attention.
  May 18, 2004 Attorney Christopher M. Neumeyer attended the 126th Annual Meeting of the International Trademark Association (INTA), in Atlanta, Georgia (USA) Christopher M.Neumeyer
    The 126th Annual Meeting of the International Trademark Association (INTA) was held in Atlanta, Georgia (USA) from 1st May to 5th May. The Annual Meeting is the largest and most prestigious gathering of trademark professionals in the world, and about 7,000 delegates attended this year. In addition to meeting with clients and co-counsel in various trademark matters, Attorney Christopher neumeyer will be attending educational programs on recent developments, issues and strategies involving trademark protection throughout the Asia-Pacific region and the rest of the world.

The International Trademark Association (INTA) information website:
http://www.inta.org/annual/2004/index.html
  May 18, 2004 William Edwards Attorney attended Globalaw The Asia-Pacific Regional meeting William H. Edwards
    Globalaw is a worldwide network of law firms. With more than 2600 lawyers located in more than 70 law firms, Globalaw can provide the clients with global solutions to legal problems. Shay & Partners is a member of Globalaw since 2000.

The Asia-Pacific Regional meeting was held in Honolulu, Hawaii , from 29th April to 1st May. Attorney William Edwards attended the Asia-Pacific Regional meeting to meet Globalaw’s members and exchange the law cases and the development of the law.

Globalaw information website:http://www.globalaw.net
  April 2004 Consultant, David C. Yeh published "Strategic Analysis of Chunghwa's MOD Entering into Television Provision" in HOPENET Magazine March/April Issue 2004 David C. Yeh
   

Chunghwa's innovative service, Multimedia on Demand (MOD), has jumped into the television provision, which impacts the environment of cable television and the cooperative relationship between channel program providers and cable operators. Accordingly, the author attempted to use SWOT analytic tool to examine the business model and possible development of MOD, and analyzed the strategy of pay channel service provided by some cable operators respectively. Whether Chunghwa’s MOD and cable operator are in the position of competition or complementation depending on the future business strategy.

To gain a better understanding of Taiwan's post cable industry after Chunghwa launched its MOD service, the February/March issue of HOPENET Magazine is a must-read.
  April 2004 Consultant, David C. Yeh published "Online Sales Taxes in Taiwan" in World eBusiness Law Report David C. Yeh
    The Ministry of Finance has announced that the government plans to increase its efforts to enforce the collection of value added tax (VAT) on online sales this spring. Does this measure impact the online trading both on demand and supply sides? Due to uncertain rules not yet established, we're looking forward to future planning and possible enforcement by the government.

The above report was published in the World eBusiness Law Report in March 2004. One who is interested in online trading may find a copy at Shay & Partners’ website at the following link:

http://www.elitelaw.com/09SearchNewsletter/
EN/Taxing online sales in Taiwan 022304
  April 2004 Attorney, William H. Edwards introduced his observation on "Taiwan Cable TV MSO's Worried by Chunghwa Telecom's Newly-Launched Multimedia-On-Demand Service" in International Law Office William H. Edwards
   

Chunghwa Telecom has announced the Multimedia on Demand (MOD) in March 2004 and ballyhoos the service on TV and papers. How big will MOD influence the cable television industry? Attorney William H Edwards introduces incisive observation on the converging development of communication and broadcasting sectors.

Should you interest in this topic, please refer to the website of International Law Office at the following link:http://www.internationallawoffice.com
  March 2004 TELECOMMUNICATIONS: a new publication by Managing Partner Arthur Shay Arthur Shay
    In recent years the telecom industry has seen tremendous growth globally and a liberalization and opening up of the market in Taiwan. In this book, editor and professor Yu-Li Liu brings together a lively discussion of telecom operators, officials, and scholars in a book that should satisfy the demands of students, industry insiders and anyone with an interest in the fields of telecoms or broadcasting. The book covers a wide array of issues involving various technologies, laws, economics, management, content, ads, marketing and convergence, while discussing not only the development of telecoms in Taiwan, but also an introduction and analysis of telecom regulations and markets in Mainland China, the U.S., Japan and Korea.

The book contains articles on everyday business patterns and practices, theoretical analysis and case studies. It should serve as a valuable tool for students embarking on an initial exploration of the field, experienced specialists in telecom-related industries seeking a better understanding of the state of industrial and business knowledge, or as a handy reference guide for all who seek industrial information and explanation of technical terms relating to the telecom industry.

Contributors to the book include:
Liu, Yu-li (Editor):Professor, Department of Radio & Television, National Chengchi University
Chou, Yun-Tsai : Associate Professor, Graduate School of Social Infomatics, Yuan Ze University
Sun, Lih-Chyun : Associate Professor, Department of Agricultural Economics, National Taiwan University
Kao, Kai-sheng: Deputy Director-General of the DGT and the member of Telecom Review Committee
Chen, Yi-Chun: General Manager, Elta Technology Co., Ltd.
Kuo, Ming-Chi: Vice GM, Marketing & Regulatory Affairs, New Century InfoComm Co., Ltd.
Tsai, Tse-Hong: Professor, Department of Electrical Engineering, National Taiwan University and Graduate School of Telecom Engineering
Liu, May-Chi: Associate Professor, Department of Advertisement, National Chengchi University
Arthur Shay: Managing Partner, Shay & Partners
Ethan Hsiao: Consultant, Shay & Partners

This must-read telecommunications book written by experts in the field will be published on March 15, 2004, priced at NT$480, and will be available in various book stores.
  March 2004 Consultant, David C. Yeh published an article titled Status Quo of "Taiwan's Telecom Industry and Regulatory Reform: An Overview on 2003" in Communications Magazine February/March 2004 Issue David C. Yeh
    2003 was a watershed year for Taiwan’s telecom market, seeing its development into a stable and growing market. Whether one considers fixed-network or mobile telephony, the state-owned Chunghwa Telecom or private telecom operators, all sectors of the telecom market experienced rising prosperity in Taiwan in 2003. In this article, the author discusses the development of Taiwan’s telecom industry last year, provides an analysis of the orientation of the market, new measures that will affect the telecom regime, and the outlook for 2004 and beyond. The article contains key information on both industrial development and regulatory reform.

To gain a clear understanding of the state of Taiwan's telecom market in 2003 and 2004, the February/March issue of Communications Magazine is a must read.
  March 2004 Attorney Christopher Neumeyer published "Taiwan Government Works on Solutions to Spam" in the World eBusiness Law Report Christopher M. Neumeyer
    The Spamhaus Project has recently named Taiwan the fifth worst source of spam in the world. Knowing the problem is serious, the government of Taiwan has retained Shay & Partners to provide legal counsel on international approaches to dealing with spam and appropriate strategies for Taiwan. What measures are currently being taken in Taiwan and what steps should the Taiwan government take? In this article, attorney Christopher Neumeyer provides an in-depth discussion of the various issues and summarizes the recommendations that were submitted to Taiwan’s government by Shay & Partners.

The above report was published in the World eBusiness Law Report in March 2004. A copy may be found at Shay & Partners’ website at the following link: http://www.elitelaw.com/09SearchNewsletter/
EN/WBLRspampaper%2020040217.pdf
  March 2004 Attorney, David Wei published The Copyright Protection on the Electronic Information after the New Copyright Act in PC OFFICE Magazine MARCH 2004 issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

On the theme of the month "The Copyright Protection on the Electronic Information after the New Copyright Act", attorney David Wei discussed in the field of the computer programs works with regard to the copyright protection on the shareware, freeware, and public ware downloading from the Internet. This article featured in the March 2004 issue of PC OFFICE Magazine is a must-read for those that are into online auction.
  February 2004 Attorney, David Wei published "Legal attributes of and employers" responsibilities on year-end bonus in PC office magazine February 2004 issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

In this month article, attorney David Wei's discussion on the legal attributes of and employers’ responsibilities on year-end bonus will be invaluable to those seeking new work opportunities after the Chinese New Year when negotiating the bonus structure.
  January 2004 Managing Partner Arthur Shay published "Legislations on Spam" in HOPENET Magazine January/February issue 2004 Arthur SHay
    Spam has surpassed our fear for computer virus and is now ranked number one in number of lawsuits filed in the internet/cyberspace field. Even EU and the US have taken legal measures in restricting Spam-initiated commercial activities. How should the government and the ISP industry deal with Spam which affects the lives of so many people? Please refer to HOPENET Magazine January/February issue 2004 where attorney Arthur Shay expresses clear viewpoint.
  January 2004 Managing Partner Arthur Shay interviewed on Spam with "Business Next" Magazine Arthur SHay
    On the subject of the responsibilities of our ISP industry on Spam, attorney Arthur Shay provided related overseas reference and discusses relevant policies in Taiwan in issue 73 (2004.01.01 – 01.14) of "Business Next" Magazine.
  January 2004 Attorney David Wei published "Online Auction and the tax burden of sellers" in PC office magazine December January 2004 issue David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

On the theme of the month "Online Auction and the tax burden of sellers", attorney David Wei discusses this easily neglected legal risk. This article featured in the January 2004 issue of PC OFFICE Magazine is a must-read for those that are into online auction.
  December 2003 David Wei published "Digital information and individual privacy protection" in PC office magazine December 2003 issue David Wei
    OThe special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowLedge and potential legal disputes.

Attorney David Wei discusses how users protect their individual privacy and personal data while working with information technology, please refer to the said article in the PC OFFICE Magazine December 2003 issue.
  November 2003 Attorney Christopher Neumeyer published "Establishing an IP protection programme in Taiwan" in Enspyre Magazine November 2003 issue Christopher M. Neumeyer
    The Intellectual Property is a vital asset to any organization. The attack on and the protection of this intangible asset are linked to many strategies and legal legislations. In order for foreign businesses to be more aware of IP laws in Taiwan, our Californian attorney Christopher Neumeyer writes the relevant legal guidelines.

Download the Enspyre Magazine from:
http://www.enspyre.com/EN/
downloads/Dec_27_enspyre_magazine_72dpi.pdf
  November 2003 The risk of technological facilities – starting from ATM card fraud David Wei
    The special legal column co-authored by Shay & Partners and PC Office Magazine aims to inform office workers the relevant legal knowledge and potential legal disputes.

The main theme in this month issue is "The risk of technological facilities – starting from ATM card fraud", which is a must-read for those that wish to avoid the unpleasant experience.
  October 2003 Mr. Christopher Neumeyer has published an article titled "Establishing an IP protection programme in Taiwan" on the Asia IP Magazine October 2003 issue Christopher M. Neumeyer
    The Intellectual Property is a vital asset to any organization. The attack on and the protection of this intangible asset is linked to many strategies and legal legislations. In order for foreign businesses to be more aware of IP laws in Taiwan, Christopher Neumeyer writes the relevant legal guidelines.
  October 2003 The disclosure of incoming call numbers – discussion on privacy privacy protection Tzu-Tien Huang
   
   
   
   
    
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