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The abuse of IPR to preclude or restrict competition is a hot topic in the recent years, such actions go against the legislative purpose on the protection of IPR, which could also bring the monopoly problems. Under such circumstance, “Provisions” has been issued on 7th Apr. 2015, which prohibits the business operator that has a dominant market position to abuse…

New Balance(“NB”), the famous U.S. sneaker brand was sentenced for 98 million RMB for the infringement of “新百伦” trademark, which demonstrated a giant’s tragedy due to “Reverse Confusion”. In fact, NB is not the only giant, Pepsi (“蓝色风暴” trademark infringement case) and Castel (“卡斯特” trademark right dispute) have also encountered such tragedy in China. The key reason for the giant’s…

In order to improve the employee’s welfare, Company A has stipulated an additional paid annual leave, which is 5 days, in its “Employee Handbook”. However, such employee’s welfare becomes Company A’s pressure. When an employee plans to resign, he would arrange the additional paid annual leave in whole, or require the company to pay remuneration for such additional paid annual…

With the improvement of the awareness of IPR protection, more and more enterprises have applied for the registered trademark (“RT”). However, if the RT has been used improperly, it could not add the reputation and value of the owner and the RT itself, but might stimulate the negative impact and even legal risks. Take a basic issue on how to…

Company A deemed that Zhang worked with a low efficiency, which should belong to the serious violation of the conduct rules as stipulated in the “Employee Handbook", so it dissolved the labor contract with Zhang. Zhang filed to the labor arbitration committee. Finally, the committee found that Company A lacked of evidence to prove that Zhang had seriously violated the…

Recently, Suzhou Intermediate People's Court has ruled on the jurisdiction dispute on a Tmall Online Shopping case, which raises a widespread concern. In this case, the court applies the article of the newly promulgated “Interpretation of the Supreme People’s Court concerning the Implementation of the Civil Procedure law” (“New Interpretation”), in which prescribes if both parties have signed the purchase…

After resigned from the company, Lee found that the company failed to fill in the reason for termination of the labor contract in the proof of termination of the labor contract, so he filled in the resaon with “layoff”. Then, he submitted a file to the labor arbitration committee, and required the company to pay the compensation amount to RMB10,…

While a company plans to build a website or design some promotion materials, either the company or the third party entrusted by it would use some images. Some of the images may be made by the company or the third party, however, most of them may be downloaded from the internet, such as the Baidu Images and so on. However,…

Mr. Zhao, an employee of a Yangzhou company, submitted the resignation at the end of the year. While calculating the rest salary, he found that the year-end bonus was missing, so he asked the company to pay this bonus. However, the company put forward the “Employee Handbook", which provided that the year-end bonus would be paid in each March, and…

In the fierce competition, it is not uncommon to find that some enterprises have gone bankrupt. However, when signing a patent licensing contract (“PLC”), the relevant parties would seldom be aware of the risk related to the bankruptcy of the counter party. In fact, if the licensor has gone bankrupt, whether the licensee can continue to use the related patent?…