Separate Consent by the Card Issuer in Case of Use Outside the Contract
The Taiwan Financial Supervisory Commission (“FSC”) noticed that credit card issuers intend to change the terms of the credit card contracts to obtain global authorization of cardholders to provide their personal information to a third party. If a cardholder refuses to grant global authorization, the contract will be terminated. The FSC stated that card issuers will be required not to request cardholders' global consent in advance, nor to terminate contracts simply because cardholders do not consent to providing their personal information. The FSC further pointed out that a third party, which is entrusted by a card issuer to process application filing, card issuance, bill printing, and debt collection, is considered as entrusted institution of the card issuers and is deemed “card issuers.” Thus, such third party shall bear the same responsibility as card issuers in accordance with Article 4 of the Personal Data Protection Act. In addition, in a case of the third party is engaged by card issuers for the purpose of fulfilling card issuers’ obligations under the credit card contracts (such as airport transfers for credit card holders, credit card event gifts, redemption of bonus points, etc.), card issuers do not need to separately obtain the consent of cardholders.
Source : Lawbank Website
Executive Yuan has passed the Amendment of Trademark Act in March 2023
Taiwan Executive Yuan has passed the Amendment of Trademark Act ithis month. The major points are listed below:
1. The competent authority (Taiwan Intellectual Property Office, TIPO) will establish an independent commission in the office to handle the administrative appeal of the decisions of TIPO regarding trademark disputes.
2. In the current Trademark Act, there are two different appeal procedures, “Opposition” and “Invalidation” in TIPO. Since most of the legal reasons of the two procedures are the same, the Amendment has removed the “Opposition” procedure. Therefore, in the Amendment, any one can file for “Invalidation”.
3. In the Amendment, people does not need to file Administrative Appeal if he/she does not agree with the decision of Invalidation. Instead, he/she may file litigation directly.
4. Due to complex issues of trademark cases, the Amendment regulates that all applicants shall appoint lawyer(s) to file trademark litigations.
Executive Yuan has passed the Amendment of Patent Act on March 9th, 2023.
Executive Yuan has passed the Amendment of Patent Act on March 9th, 2023. The major points are listed below: 1. The competent authority (Taiwan Intellectual Property Office, TIPO) will establish an independent commission in the office to handle the administrative appeal of the decisions of TIPO regarding patent disputes. 2. In the examination procedure of the independent commission, there will be 3 to 5 officers with legal profession to handle the examination. In addition, the “oral debate” procedure will also be added in the examination procedure. Furthermore people do not need to file administrative appeal if he/she does not agree with the decision of examination. Instead, he/she may file litigation directly. 3. The Amendment regulates that all the applicants shall appoint lawyer(s) or patent agent(s) to file patent litigations.