‘Stealing an Order’, Embezzlement or Bribery?

In 2008, Company B purchased products from Company A. The price was decided in a special procedure, which said as Wong the employee of Company A provided the proposal to Jiang the employee of Company B, and Jiang submitted the proposal to the manager of Company B for the final determination. In 2010, Wong and Jiang colluded in malicious, and…

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Work Overtime, Overtime Pay?

Jiang was a business receptionist. He was assigned to be on duty for 6 days during the National Day and the New Year’s Day. 1 year later, Jiang dissolved the labor contract, and requested the employer to pay the economic compensation, because he insisted that the employer had failed to pay the full amount of overtime pay. Finally the court…

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The Exclusive Distributor Breaches of Contract by Distributing the Competitor’s Goods, Who Shall Bear the Liability? –From the perspective of the Third Party Encroaching upon Creditor’s Rights

Company A and Company B signed a contract, in which it has stipulated that B would be A’s exclusive distributor by selling A’s digital products, and B should not sell the other similar products. B promoted A’s products very well, and its sales amount was increasing step by step. Company C, the competitor of A, found B’s talent, and proposed…

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The Legal Risks and Tactic of Allograph

Lee and Wang jointly assigned an agency to handle the registration procedures for the establishment of their company. Because Wang was located in the other city, the agency signed Wang’s name on the documents without authorization. 3 years later, Wang planned to transfer his equity to a third party. While handling the registration procedures for the equity transition, the registration…

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Can a Director Resign Voluntarily?

Mr. Wang was the director of Company A, a limited liability company. Because Wang had a different view on the theory of the business with the other directors, he wanted to resign. Unexpectedly, the shareholders of Company A were afraid that Wang would compete with the company after his resignation, so the shareholders rejected his resignation application. Wang was in…

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Silence Gives Consent?

Mr. Pei is Company A’s employee. One day, Company A sent a ‘Notification on the Negotiation of the Termination of the Labor Contract’ to Pei, which stated, ‘……The company is going to negotiate with you on dissolving the labor contract, please respond in written to the company within 3 days after you have received this notification, otherwise, it shall be…

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Warning Letter V.S. Unfair Competition

Recently, a case attracted the widespread attention. Honda was ordered to compensate Shuanghuan RMB16 million by the Supreme People’s Court (‘SPC’), because SPC decided that Honda had violated the Unfair Competition Law by sending the warning letter improperly. Since in May 2015, the First Circuit Court of the Supreme People’s Court (‘FCC’) addressed the nature and validity of the warning…

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Whether the Mental Illness shall be deemed as the Work-related Injury?

The sales staff Zhang was suffering from depression. He asked the employer Company A to provide the work-related injury welfare, because he insisted that this disease was caused by the sales pressure, which should be ascertained as the work-related injury. Company A refused his request, it insisted that the mental illness did not belong to the scope of the work-related…

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IP Protection on the Business Model—- From the perspective of patent

Before the emergency of the computer and internet, the majority of business models are carried out entirely or partly by the individual’s behavior, which says the pure business methods. Such business models would be deemed as the ‘intellectual activity and method’ which is prescribed in Article 25 of the ‘Patent Law’, and it could not be patentable. With the development…

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Can You Dissolve a Labor Contract, Because of The False Personal Information

Mr. Kang was the vice general manager of Company A. One day, the company found that he had provided the false personal information about education background, so it dissolved the labor contract with him. Later on, Kang brought the dispute to the labor arbitration committee. The committee determined that the company failed to require Kang to provide any relevant documents…

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