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In the “Employee Handbook”, Company A has stipulated while an employee asks for an emergency sick leave, the employee shall go through the formalities in 3 working days upon the completion of the sick leave, otherwise, the employee’s absence shall be deemed as absenteeism. Mr. Wang asked for an emergency sick leave, but he failed to go through the formalities.…

Company A planned to engage in the production and sale of a particular device, and filed an application to the authority for qualification. During the examination period, Company B which is the competitor of Company A, brought a lawsuit on the dispute over the utility model patent infringement against Company A. In addition, Company B reported to the authority. Company…

Mr. Wang is the dormant shareholder of a Jiangsu company. He has made the capital contribution to the company, and received dividends for several times. Because he had doubts on the calculation of the company’s profit, he filed an application in written to the company on reviewing the accounting books. However, the company refused his request. Then Mr. Wang filed…

The “Priority Purchase Right “(“PPR”) refers to while a shareholder plans to transfer its equity, provided all conditions are equal, the other shareholders shall have PPR to purchase the equity. This is an arrangement in consideration of the nature of a limited liability company as a personal company. Article 71 of “Company Law” has stipulated that while a shareholder plans…

Lee had resigned from the Shanghai Branch of a Zhejiang company. While calculating the amount of high-temperature allowance, Lee required the company to pay the high-temperature allowance according to the standard of Shanghai (which is higher than the standard of Zhejiang) where he had worked for years. However, the company insisted that it had paid the high-temperature allowance according to…

In practice, it is very common that a patentee or a trademark owner would send warning letters to competitors or distributors. However, after sending out such warning letters, if the patentee or the trademark owner fails to take further action, then the receiver would be affected by such warnings, but the receiver could not get a judicial relief by claim…

Ms. Lee was the customer service staff at a Nanjing Company, and she got pregnant again. The company confirmed that Ms. Lee had violated the family planning policy, so it dissolved the labor contract without paying economic compensation, according to Article 24 of “Employee’s Labor Contract Management System”, which says that an employee violates the family planning policy shall be…

During the procedures of the lawsuits related to the disputes over the ownership of the right to apply for a patent or the patent right (hereinafter referred to as “Patent Ownership Dispute”), the related patent may be invalid in the invalidation procedure, or the defendant may surrender, or transfer the relevant patent, which may bring significant disadvantages to the plaintiff.…

Mr. Lee graduated in July 2013, and joined a Beijing Company in September. He asked for sick leave on 20th January 2014 for the first time. Till 19th July, his sick leave was 79 days in whole. In August, he asked for another 31 days sick leave. On the 1st September, the company notified him to dissolve the labor contract…

The abuse of IPR to preclude or restrict competition is a hot topic in the recent years, such actions go against the legislative purpose on the protection of IPR, which could also bring the monopoly problems. Under such circumstance, “Provisions” has been issued on 7th Apr. 2015, which prohibits the business operator that has a dominant market position to abuse…