IP Protection on the Business Model —- From the perspective of trade secrets

From March to September 2015, within 6 months, the State Council has mentioned that the relevant departments shall analyze on how to apply the IP protection on the new forms of the creative innovations including the business model, in 3 files, the ‘Some Opinions concerning Deepening Structural and Mechanism Reform and Accelerating the Implementation of the Innovation Driving Development Strategy’,…

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The Deadline of the Suspension-of-Work-with-Pay Period

Lee was the employee of a Shanghai Company. One day, he was injured within the working hour, and was sent to the hospital immediately. 4 months later, Lee left the hospital. After another 3 months, Lee was assessed as the 10th Grade Disability. The company refused to pay the 3 months’ salary after Lee had left the hospital. Lee brought…

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How to Set the Service Invention Reward and Remuneration Rationally

The ‘Detailed Rules for the Implementation of the Patent Law’ has prescribed that the agreement on the reward and remuneration for service invention (hereinafter refers to ‘Service Invention Rewards’) shall prevail, which further prescribed that an employer could make an agreement with the employee, or prescribe in the internal rules and regulations on the payment methods and amount of ‘Service…

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The Potential Risks and Countermeasures in Using Software

Several engineers of Company A downloaded drawing software from the internet. A few months later, Company A received a Lawyer’s Letter from Company B, in which it stated that Company A had downloaded Company B’s software, Company B required Company A to pay the license fee amount up to RMB 1 million. The evidence of using was attached to the…

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Tips for Collecting Debts

In order to be the leader in the market, Company A took the ‘Sales is Everything’ as its first priority. All the salesmen had done their best to make the deal, but ignore the examination of the clients’ credit and the management of the payment terms. Later on, the sale volume increased a lot, but the company had to face…

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How to Deal With the Fraudulent Reimbursement?

As the salesman of a Shanghai company, Liao had to travel throughout the country frequently, and apply for reimbursement with a lot invoices every month. At the end of the year, the company hired an accounting firm to conduct audit. The auditor found that some of the invoices submitted by Liao did not match the time and cities of the…

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How to Manage the Marriage Leave?

In February 2014, Ms. Zhou asked for the marriage leave. Because Ms. Zhou got married at a late age as stipulated by the relevant law (Note: The late marriage leave would be abolished since the ‘Amendment of the Law of the People's Republic of China on Population and Family Planning’ will come into force on 1st Jan. 2016 ), the…

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The Trade Secrets Has not Been Used By the Tortfeasor, Can I Ask For the Loss?

Mr. Wong was the technical department manger at Company A. One day, he downloaded Company A’s food formula and the entire process drawings into his personal computer, which had violated the company’s confidentiality provisions. After that, he resigned with the reason that he would go back to his hometown. Later, Company A was informed that Wong was working at Company…

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Issuing An Invoice Shall Be Prior to Making A Payment?

Company A and Company B had signed a “Sales Contract”, in which it had prescribed that Company A would purchase a set of machine from Company B. Later, the machine was delivered to Company A, but Company A refused to make the payment. After more than one year delay, Company B filed the dispute to the court, and required Company…

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The Shareholder’s Right to Know V.S. The Company’s Trade Secrets Protection

In order to protect the shareholder’s right to know (‘SRK’), Article 33 of the ‘Company Law ‘has stipulated that a shareholder may request to examine the articles of association, the meeting minutes of the shareholders’ meeting, the resolution of the board of directors, the resolutions of the board of supervisors, the financial reports, and accounting books. However, such documents may…

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