How to Deal with Gifts Related to Business activities?

Courtesy social among companies is very common. At the end of each year, companies would organize annual party, customer appreciation party and other similar business activities. The organizer used to prepare different gifts for different participations, and even arrange lucky draws. Where an employee participates in a business event on behalf of a company, and receives a gift, then who…

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Deal with the Employment Conflict of Interest

Wang is the customer service manager of Company A. Her husband registered Company B, and Wang was one of the shareholder. Company B sold wallpaper to Company A. Later, Company A dissolved the labor contract with Wang with the reason of conflict of interest, which says that Wang failed to declare that Company B had business with the company, and…

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Debt Undertaking or Debt Accession?

Company A owes 2 million to Company B. Company C expressed its willingness to repay for Company A, and signed a repayment agreement with Company B. After repaid 500,000, Company C did not want to repay anymore. Company B asked Company A to repay the remaining debt. Company A defended that the 2 million debt had been transferred to Company…

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Online Private Chat, Commercial Disparagement?

Mr. Zheng, the legal representative of Company A sent some negative information related to its competitor, Company B, in a industry QQ group. After the mediation organized by the public security authority, Zheng sent an apology statement in that QQ group. Several months later, Zheng used Wechat to chat with Chen, the client of Company B. Zheng told Chen that…

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Pay Attention to the Change of a Registered Trademark Registrant’s Information

There is a misunderstanding on the management of registered trademarks that once the trademark has been registered, the registrant only has to pay attention to the renewal procedure. However, if the registrant changes its name or address and etc., it shall file the relevant changes to the Trademark Office in time, otherwise, someday, it might encounter unexpected risks. Risk No.1:…

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The Application of the Penalty Rule for Deposit

Both parties agreed in the purchase contract that if the seller delays the delivery for more than 15 days, the deposit amount to RMB100,000 shall be refunded, and the seller shall also undertake the default fine amount to 20% of the total price. Later then, the seller failed to deliver on time, the buyer filed a lawsuit to the court,…

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Risks Related to the Jurisdiction Objection

Company A and Company B entered into a sales and purchase contract, in which it prescribed that the disputes should be under the jurisdiction of the court where Company B is located. Later, Company B filed a lawsuit to the court for the dispute on the payment under this contract. Company A immediately filed a jurisdiction objection, with the reason…

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Is it Legal to Pay Social Insurance in the Name of a Third Party?

Company A is headquartered in Shanghai. The employees who are working in the Hangzhou office of Company A, and they require Company A to pay social insurance in Hangzhou. Since Company A has not establish a branch in Hangzhou, it could not obtain an independent social insurance account, it has to entrust a third party to sign labor contracts with…

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The Determination on Changing Registered Trademark without Approval

In commercial activities, in order to cater to the promotion design style or for other reasons, many trademark owners might change registered trademarks. For example, if a registered trademark containing characters and pictures, the owner might use the 2 elements separately. However, these changes may be accompanied with legal risks. Article 49 of “Trademark Law” prescribes that where, in using…

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