Ask for Sick Leave for Cosmetic Surgery!

Tan left the post for a “double eyelid surgery”, and the company dissolved the labor contract because of her absenteeism. Several days later, Tan provided the sick leave certificate issued by hospital to the company. However, the company held that Tan asked for sick leave because of cosmetic surgery instead of illness, so Tan should ask for a personal leave…

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How to Distinguish a Distribution Contract with a Consignment Contract?

Some companies would entrust trading companies to sell products for various reasons, and both parties would sign contracts. In practice, those contracts have different titles, such as a distribution contract , or a consignment contract, and contents are various as well. Then, how to determine the right title and contents? The specific provisions in the “Contract Law” have listed many…

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Whether an Employer Could Withdraw the Offer?

Company A sent Lee an offer, in which the company had stated the position, salary, the date of employment and so on. Lee replied to accept the offer, and applied for resignation to the current employer. Unexpectedly, a few days later, Company A informed Lee that the offer was withdrawn. Both parties have disputes on the withdrawal. Then whether an…

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Implementing the Transaction before Signing a Contract, How to Deal with the Relevant Disputes?

In commercial activities, it is not rare that the parties would implement a transaction before signing a contract, due to the time requirements, or a party is too eager to obtain a transaction opportunity and so on. However, once there is any dispute, such as a disagreement over the terms of the transaction; or the seller has implemented its responsibilities,…

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Supervisor = Part-time Job?

Company A found that HR manager Chen was the supervisor of Company B, and dissolved the labor contract for violating the “Employee Handbook”, in which it stipulates that an employee shall not take another part-time job. Chen insisted that Company B had not signed a labor contract with him, or given any salary to him, in addition, the supervisor role…

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Changes in the Judicial Opinions on Trademark Coexistence Agreements

If a trademark for registration is identical with or similar to another party's trademark which has been registered or preliminarily approved for use on identical or similar goods, the Trademark Office shall reject the application, as stipulated in Article 30 of the “Trademark Law”. In practice, it is very common that a trademark for registration might be rejected for such…

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Failed to Sign the Labor Contract Timely

The labor contract signed by Shao and Company A expired in Nov. 2014. Company A failed to renew the contract timely. In Feb. 2015, Company A asked Shao to renew the contract, and required Shao to sign the date as Nov. 2014 in the contract. Later, Shao took the vocal record of the talk with the HR manager as the…

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Be Aware of the Potential Risks Related to the Commercial Usage of Chinese Fonts

Many companies tend to use distinctive fonts to attract consumers’ attention in promotion. However, if any company has made a wrong choice, such distinctive fonts might attract the attention of the font or font bank owner/developer, which might trigger a copyright infringement dispute. The reason for such dispute is that the font or font bank might be considered as the…

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Can the Employer Repent After Issuing the Notice of Termination?

Company A issued a Notice of Termination (“1st Notice”) to Sheng 30 days in advance, in accordance with item 2 of Article 40 of the “Labor Contract Law”. 15 days later, Company found that Sheng would retire after 30 days, so it sent another written notice to Sheng. The written notice stated that the company would withdraw the 1st Notice,…

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Copyright Registration for Graphic Works

Many companies would like to design graphic works which are related to their industries or products and etc., in promotion or marketing. In order to prohibit others to imitate, many companies tend to apply for the registered trademark for those graphic works. However, for those graphic works which meet the requirements of the “Copyright Law”, it is recommended to file…

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