Insurance and Trusts as Tools for Private Wealth Planning

April 15, 2024
Insurance and Trusts as Tools for Private Wealth Planning John F. Kennedy once said: “The time to repair the roof is when the sun is shining,” and this rings particularly true with regard to private wealth/estate planning. Estate planning is one of the legal instruments for preventing undue concentration of wealth through a tax-efficient asset distribution prior to death.1 It depends largely on determining the right time as well as the right mode for the transfer of assets. There are a number of tools in estate planning, which includes, among others: (i) executing a will; (ii) entering into life insurance policies; and (iii) establishing a trust. As jurisprudentially established, a taxpayer has the legal right to decrease the amount of what otherwise could be his taxes or altogether avoid them, by means which the law permits.2 These tools provide an opportunity for a taxpayer to avoid the burden of substantial estate tax liabilities on the part of his heirs. Upon the death of the decedent, succession takes place and the right of the State to tax the privilege to transmit the estate vests instantly upon death.3 Estate tax is a tax on the right of the decedent to transmit his estate to his lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition.4 Under the National Internal Revenue Code, as amended (the “Tax Code”), the net estate of every decedent, whether resident or non-resident of the Philippines, shall be subject to an estate tax at the rate of six percent (6%) based on the value of such net estate.5 One...

The Greater China IP Updates – March 2024

April 10, 2024
TIPO Announces Updates to the Trademark Classification for Goods and Services The Taiwan Intellectual Property Office has made adjustments to the designated goods and services names in trademark applications in response to the latest (12th) edition of the Nice Classification list.  A total of 422 items have been added and 56 items have been deleted.  An additional 15 modifications have been made to class/subclass names or annotations, as well as 25 corrections.  The aforementioned changes took effect on January 1, 2024.  The list of designated goods/services categories and names will be updated on the online trademark filing system as well.  The official timeline of website updates will be published on the website of the TIPO Information Management Office.   Applicants wishing to use the fast-track mechanism on the online trademark filing system after January 1, 2024, will be able to download the latest updates.  This will ensure consistency between the designated goods/services names stated in the application and the content in the electronic filing system, avoiding discrepancies that could jeopardize eligibility for the fast-track mechanism, as well as associated fee reductions. Taiwan’s TSMC Top Applicant for Patents for Eighth Year Taiwan Semiconductor Manufacturing Co., the world’s largest contract chipmaker, applied for the most patents out of any Taiwanese entity last year for the 8th consecutive year, the Ministry of Economic Affairs announced in February.  TSMC filed 1,956 invention patent applications in 2023, which is the company’s most ever and 28% more than in 2022.  By being the largest patent applicant in Taiwan, it also drives the growth of upstream IC design and also downstream IC packaging and testing services.  The...

The Greater China IP Updates

February 26, 2024
Taiwan and US Signs MOU on the Secure Exchange of Patent Data On November 22, 2023, Taiwan and the US signed the MOU on the Secure Exchange of Patent Data, streamlining and reducing the cost of patent priority claims for Taiwanese applicants who annually file over 20,000 patent applications in the United States.  The annual number of patent applications filed by Taiwanese has consistently been around 20,000 in recent years, but rose 6% from 2021 to 2022.  The MOU aims to alleviate this burden by facilitating the secure exchange of priority documents between the Taiwan Intellectual Property Office (TIPO) and the United States Patent and Trademark Office (USPTO).  The collaboration between Taiwan and the US on the electronic exchange of priority documents began in 2016 through TIPO and USPTO’s bilateral discussions.  Given the importance of information security, both confirmed details related to information equipment and transmission meticulously.  After continuous efforts from both sides, the MOU was finally signed in November 2023.  This milestone in the deepening of Taiwan’s relations with the US follows the implementation of the Patent Prosecution Highway (PPH) project in 2011, and the signing of the MOU on Intellectual Property Rights Enforcement Cooperation in 2017.  To create an environment conducive to international patent applicants, TIPO has launched the electronic priority document exchange (PDX) program with Japan and South Korea in 2019 and 2021 respectively.  The recent expansion in PDX collaboration with the US shall greatly increase the convenience of Taiwanese applicants filing patent applications in the US, as well as for US applicants filing in Taiwan – a mutually beneficial arrangement.  Following the signing, TIPO and...

Joanne Lau Appointed as Secretary General of Hong Kong International Arbitration Centre (HKIAC)

January 26, 2024
In a press release issued today, the Hong Kong International Arbitration Centre (“HKIAC”) has officially announced the appointment of Joanne Lau as its new Secretary General with effect from 26 February 2024. Joanne Lau, an accomplished legal professional with over a decade of experience, will succeed Dr. Mariel Dimsey in this pivotal role. Having served as Co-Chair of the HK45 committee from 2020 to 2022 and as a member of the HKIAC Proceedings Committee, Joanne has a long-standing association with HKIAC. Expressing gratitude to the outgoing Secretary General, Dr. Mariel Dimsey, Rimsky Yuen, Co-Chair of HKIAC, stated: “We thank Mariel for her commitment, dedication and contribution during her tenure as the Secretary General. Whilst we know that Mariel will continue to support HKIAC, we wish her every success in her new chapter of life. We welcome Joanne Lau as the new Secretary General. With her experience and leadership, I am confident HKIAC will continue to set new benchmarks for excellence and innovation.” David W. Rivkin, Co-Chair of HKIAC, echoed these sentiments, commending Dr. Mariel Dimsey for her leadership and expressing optimism about Joanne Lau’s future contributions. “The combination of her extensive experience leading a major international arbitration practice, her close ties to the Hong Kong community, her intellectual ability, and her language skills make her uniquely qualified to lead HKIAC. I have no doubt that Joanne will further strengthen HKIAC as one of the preeminent arbitration institutions in the world” he remarked. In response to her appointment, Joanne Lau expressed her honour at taking on the role of Secretary General “As a practitioner, I have benefited from the excellent...

Significant Changes and Transitory Provisions under the Republic Act No. 11966 or the New “Public-Private Partnership Code of the Philippines”

January 18, 2024
  Brief background of PPPs in the Philippines As early as 1990, the Philippine has recognized the significant role and contribution of the private sector in delivering basic government services to be more accessible to the public. To maximize the untapped potential of public-private partnerships (“PPP”), the Philippine Congress enacted Republic Act No. 6957 or “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes.” Said law enumerated the possible contractual arrangements between the public and private sector for the implementation of government projects such as build-operate-and-transfer, build-and-transfer, build-own-and-operate, build-lease-and-transfer, contract-add-and-operate, develop-operate-and-transfer, rehabilitation-operate-and-transfer, rehabilitation-own-and-operate. Based on a report produced by the Asian Development Bank dated December 2020, from 1990 to 2019, around 116 PPP projects have achieved financial closure, covering a variety of sectors such as airports, electricity, information and communications technology, ports, railways, roads, and water and sewerage. Additionally, total amount of investments made during the same period is approximately $43.95 billion. During the effectivity of Republic Act No. 6957, several amendments were introduced, and rules and regulations were passed to ensure unified and proper implementation of the law. Under the Revised Implementing Rules and Regulations (“IRR”) of Republic Act No. 6957, local government units were given liberty to formulate additional guidelines or procedures for their own projects that are not in conflict with the law. Thus, in its efforts to centralize and consolidate the various rules governing PPP projects, the Philippine Congress passed Republic Act No. 11966 or the “Public-Private Partnership Code of the Philippines” (“PPP Code”). The PPP Code covers “… all contractual arrangement between an...

The Greater China IP Updates – January 2024

January 17, 2024
Taiwan Introduces Chip-driven Industrial Innovation Plan The Executive Yuan has approved a plan to spend NT 300 billion dollars in the next 10 years to fund innovations that would combine the use of generative artificial intelligence (AI) systems and chips.  The plan was briefed to Cabinet members by the National Science and Technology Council and it is expected that the plan will be enabled by cooperation between the Ministry of Economic Affairs, the Ministry of Education, the Ministry of Health and Welfare, the Ministry of Digital Affairs and the National Development Council.  It was noted that with the rise of generative AI systems, chips have driven the development of the global technology industry and have become a motivator for businesses seeking innovation.  The development of chips would be the key technology for the next industrial revolution.  The plan also lays out strategies to meet the rising challenges in developing next-generation chip technology.  The government is to allocate the abovementioned sum of money from 2024 to 2033 to develop chip technology in order to keep Taiwan at the forefront of technological developments by developing the highest level technology to design advanced chips and accelerate heterogeneous integration of chip designs and interfaces.  The funding would be used to speed up the production of non-silicon-based wafers, as well as the development of chips smaller than 1 nanometer, 3D chip stacking technology and heterogeneous integrated packaging.  The funding would also be used to develop energy-saving applications with high computing power.  Of the NT 12 billion budgeted for 2024, about NT 8 billion would be used to train and attract talent, while NT 4...