Archive

Trademark Parallel Imports (“TPI”) refers to the owner of the registered trademark, or the other licensee has produced and sold the goods with the registered trademark in the export country, a third party (importer) imports the goods with the registered trademark to a third country (import country), but the owner of the registered trademark or the other licensee has also…

Shortly after Mr. Q joined Company X, he suffered from melancholia. Company X was worried that Mr. Q’s illness might affect his work and other colleagues, so it terminated the labor contract with Mr. Q after he had been diagnosed. In addition, Company X paid the payment in lieu of notification and economic compensation. However, Mr. Q refused to accept…

In the patent infringement proceedings, the plaintiff applies for the declaration of the patent right invalid to the Patent Review Board (“PRB”) during the defense period, which is a common strategy. In the practice, when PRB has made a decision on declaring a patent right invalid, whether the court can dismiss the patentee’s claim on the decision date; or 3…

The operator of a WeChat official account forwarded an article of another WeChat official account without authorization, and be deemed as infringing the other operator’s copyright, including the right of authorship, the right to modify, network dissemination of information and remuneration. Finally, the defendant operator was ordered to issue public apology and compensate RMB 1 Yuan to the plaintiff operator.…

Company B filed a lawsuit against Company A on the infringement of trade secrets, and the court of the first instance ruled in the favor of B. Whereat, B released a piece of news on its website, said that A might bear a huge amount of compensation for the infringement of trade secrets, and uploaded the verdict of the first…

Zhang took an “Unlicensed Taxi” from his home to the company, the “Unlicensed Taxi” was crushed by another car, and Zhang was injured in the accident. Then, Zhang applied for the determination of the work-related injury, however, the company said that the “Unlicensed Taxi” did not have the qualification to run business, so it should not be determined as the…

In order to solve the difficulties in the determination of work-related injuries, the newly issued "Provisions” has highly summarized and further refined the problems exposed in practice after the implementation of the "Work Injury Insurance Regulations". The highlights of the "Provisions" include: Refine the requirements of " due to work, working hours and workplace” The burden of proof inversion has…

Drawing is a form of visual art that makes use of points, lines, planes and all kinds of geometrical figures, which is aimed to demonstrate the specific technical solutions. Therefore, in view of the form and essence of the drawing, the designer or other right holder shall have different menthods to protect the drawing. Firstly, from the view of the…

In 2008, Company A purchased a set of equipment from Company B, but it failed to pay the rest 50% payment on time. After Company B’s requests for several times, Company A agreed to make the payment by a bank acceptance. However, when Company A applied the bank acceptance, the bank said that the bank acceptance would be issued upon…

Embedded software refers to the computer software, written to control machines or devices on site or remotely by embedding software, which shall be an invisible component of machines or devices, and shall be delivered with them. In practice, where the price of a machine is pretty high, both parties would adopt an installment payment. It is not abnormal for the…