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After the outbreak of COVID-19, there are many articles concerning whether COVID-19 shall be deemed as a force majeure circumstance, how to defend the claim of the liability for breach of contract and so on. These articles have analyzed from the laws to the judicial decisions. However, for the majority enterprises, you may only want to know whether you can…

The COVID-19 pandemic has lasted nearly 2 months. In China, the State Council extended spring festive, local governments postponed the date of resumption of business. COVID-19 is under control in China, however, it spreads fast in Japan and Korean. Recently, some cases were founded in Europe and America. COVID-19 has started to behave a lot those days. March, the significant…

When a company becomes famous, it attracts not only business opportunities, but also imitators. Taiwan “南 X” Plastic Industry Co., Ltd. has successively established several subsidiaries under the name "南X" in mainland China. One of those subsidiaries, “南X” Electronics (Kunshan) Co., Ltd. (hereinafter referred to as "Kunshan南X") was established in August 2000. However, Shanghai ”南X” Copper Clad Foil Co., Ltd…

A Singapore company and Singaporean Bai signed a contract, in which the company hired Bai as the manager of Shanghai business development department. Soon, Bai signed a labor contract with the Shanghai branch of a Xiamen company invested by the company. The Shanghai branch applied the employment permit (hereinafter referred to as the “EP”) for Bai. Later, Bai and the…

Cao sued Company X on the ground of a dispute over a contract of house transaction, and required Company X to assist him to handle the property registration procedures. The court of the first instance carried out mediation, and Company X agreed to assist Cao to handle the property registration procedures within 3 days after the mediation document became effective.…

Lee, the former employee of Huawei, left Huawei at the expiry of his labor contract, and Huawei gave him “2N” compensation. 1 year later, Lee was arrested on suspicion of extortion, and after being detained for 251 days, he was released without charge. This is the “Huawei 251 Incident”. In Qingdao, after resigned from the company, Yang filed alabor arbitration…

Company S applied for trademark registration with the combination of the Chinese character “没事儿” and a circular pattern. The Trademark Review and Adjudication Board (“TRAB”) rejected the application. Company S applied for a review with the reason that the sign had certain originality; however, TRAB rejected Company S’s application for the review in accordance with item 3, paragraph 1 of…

During the employment, Shen obtained 2 professional qualification certificates (“PQCs”), which are the ISO9000 Quality System Chief Auditor and the Chief Auditor. Because the company undertook the relevant training expenses, PQCs were kept by the company. Shen resigned his position, and required the company to return PQCs, but the company refused. Shen brought the dispute to the labor arbitration committee,…

Are you confused with the title? If a party leases a warehouse for storage, the two contracts shall state the same thing, and there shall be no difference. However, from the perspective of the nature of a contract, the two contracts have huge differences on the rights and responsibilities, consequences of breach of contract, and the way to defense when…

Company A dissolved the labor contract with Ding, with the reason that Ding had severely violated the “Administrative Measures on Labor Discipline of Company A”, due to Ding’s habitual absenteeism. Ding filed a labor arbitration against Company A. Ding stated that Company A released the internal rules on its official website, the reader had to click the link and download…