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Company A and Mr. Yu had made a non-disclosure agreement, in which stipulated a non-competition clause. After resigned, Yu joined Company B, a competitor of A. A deemed that Yu had violated the non-competition clause, and disclosed its trade secret to B, which helped B to enhance its competitive advantage. Thus, A brought a lawsuit against Yu on unfair competition,…

Recently, the writer has dealt with an ownership dispute related to a patent. A resigned from the original employer, established a new company dealing with the similar business as the original employer, and took the role as the legal representative of this new company. Although he had never participated in R&D, when the new company applied for patent, he named…

Mr Lee sent items with a value of 20,000 Yuan by ZTO Express Company (hereinafter referred to as "ZTO"). He wrote the goods name, specifications, quantity on the express waybill, but he did not pay for the insurance. Unfortunately, the items were lost. Lee asked ZTO for compensation with express waybill and invoice of the items, however, ZTO only agreed…

A and B signed a contract, which stipulated that B should deliver the goods on a certain day before 12:00p.m, and if B failed to perform as agreed, it should pay 5% of the total amount of the contract to A for breaching the contract. However, B delivered the goods on 2:00p.m., A required B to pay 5% of the…

Lee invited neighbor Wang and Zhang to help him make a move. When moving the mirror, Lee reminded Wang to pack the mirror before move. Wang hated troublesome matters, so he moved the mirror without package. Unfortunately, the mirror hurt Zhang’s arm accidentally. Zhang sued Lee, finally, the court ordered that Lee should compensate Zhang. In this case, whether Lee…

Recently, Zhejiang Tea Group Co., Ltd., (“ZJ Tea”), the owner of the registered trademark "Shifeng ", files a lawsuit against Hangzhou Shifeng Tea Co., Ltd. (“HZ Tea”). ZJ Tea claims that HZ Tea has used “Shifeng Tea”, “Taste Shifeng” on its online store, printed “Shifeng Longjing” on packaging boxes and bags, and highlighted "Shifeng", which has infringed ZJ Tea’s registered…

Company A notified Ms. Chen on dissolution of labor contract for her absenteeism. Ms. Chen filed to Labor Arbitration Committee, and claimed that she had asked for leave for those said absenteeism, so Company A should pay economic compensation for its illegally dissolution of labor contract. For Chen’s claim, Company A provided the notarized screen shots of Chen’s weibo and…

Prior Art (“PA”) defense is one of defenses in patent infringement disputes. It’s claimed by the defendant with regard to plaintiff’s claim of cessation of the infringement, compensation for damages, which aims at affirming the legality of defendant’s act, rather than denying the novelty of the patent or its scope of protection. In short, it functions as a veto of…

Ms. Zhang, who has a working age of 11 years, got pregnant in the fifth year in Company A. In order to prevent miscarriage, Ms. Zhang had asked for sick leave total of 6 months out of 7 months. In accordance with the rules and regulations of the company, Company A offered her with a sick pay of 100% of…

As intellectual property plays a more and more important role in competition, disputes over ownership of patent increase. Among which, the disputes triggered by application of patent by former technologists are usually too complicated to be settled. Service Invention (‘SI’) refers to a job-related invention-creation made by any person in execution of the tasks of the entity to which he…