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Zhao was a sales manager of a Shanghai company, and his monthly base salary was RMB17,000. In September, his actual income was RMB37,650, which included the monthly base salary and the sales commission. Due to the adjustment of the management structure, on 3rd October, the company made the decision to cancel Zhao’s position, and then informed Zhao to dissolve the…

China’s current “Trademark Law” stipulates 4methods on calculating the compensation for infringement: theplaintiff’s loss, the defendant’s benefits, the reasonablemultiples of the royalties of a registered trademark, and thestatutory compensation. However, the data [1] shows that thestatutory compensation has been applied in more than 90% of thetrademark infringement cases, in which the courts are in favor ofthe plaintiff, in practice. According…

Bai worked in a Jiangsu chemical industry company, and his position was related to the occupational disease hazards. The company informed Bai to take a pre-departure occupational health examination (hereinafter refers to the “Examination”) via EMS after his labor contract had been expired. But Bai did not take the Examination. Instead, he brought a labor arbitration on the illegal termination…

The trademark right owner A signed a trademark exclusive license contract with B. Later then, A signed another trademark exclusive license contract with C concerning the same trademark. Then who is the authorized licensee? Shall B require C to stop the infringement and compensate for damages? Or B could only require A to undertake the liability for breach of contract?…

Zhang had a car accident on the way to work. The driver Wong paid medical expenses(“MEs”), lost wages and other relevant losses. Later then, Zhang requested the company to apply for the work-related injury. The company refused, becauset Zhang had obtained compensation from Wong. Then a dispute arose. It is not rare that a work-related injury would be concurrence with…

Zhao was the dormant shareholder of Company A, he has made the capital contribution, and attended many shareholders’ meetings. Due to the dispute on the dividends pay-out, recently, he filed a lawsuit on the recognition of shareholder, in which he required the court to order Company A to recognize his identity as a shareholder, and go through the registration formalities.…

The 2015 ‘Amendments to the Criminal Law (the 9th edition)’, and ‘Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling of Criminal Cases of Embezzlement and Bribery’ are just like ‘a tossed stone raises a thousand ripples’. Is it a symbol that the administration on the commercial bribery…

With the hot competition of e-commerce, some companies use the registered trademarks of their competitors who are more famous, as the search keywords for their website. Once the user types such keywords, their website will be shown to the user via the search engine, then they can attract more clients and obtain more business opportunities. In the recent years, the…

What will be shown in your mind when ‘优盘’ was mentioned? Shenzhen Netac Company’s trademark, or a mobile storage tool? The answer is probably the latter. In fact, Shenzhen Netac Company has registered ‘优盘’as a trademark in 1999, and used it on the company’s mobile storage products. In Oct. 2002, a Beijing company applied for the revocation of this trademark…

Mr. Wong paid a membership fee amount to 250,000 for a life membership of a golf course in 2011. Unexpectedly, 5 years later, the course was ordered to suspend the business due to the illegal land occupation. So Mr. Wong required the course to refund the membership fee, and the appreciation part. Finally, the court only decided the course to…