Archive

Yang was engaged in a labor dispute with Company A, and applied to the Labor Dispute Arbitration Committees (‘Committees’) for arbitration. Yang offered a ‘Proof of Income’ affixed with the official seal of Company A, and asked for corresponding salary and economic compensation. Company A, however, denied having issued such ‘Proof of Income’, and offered all pay sheets Yang signed…

In practice, the anonymous investment is quite common. However, under the existing laws and regulations, the legal risks faced by dormant shareholders are noteworthy, there are mainly as follows: I. The dormant (“D”) shareholders may not obtain the shareholder status. In practice, there is none unified criteria on dealing with such identification cases, generally speaking, the judges would be strict…

Company A works on the manufacture and sale of electronic products, which are sold in the domestic market, or to the overseas market by processing on order. It arranges production according to orders, and the raw materials supply will be in short when the clients’ demand is urgent. Because the brand and standard of raw materials for domestic-sale and overseas-sale…

The reversion of “Company Law of PRC” (“New Company Law”) has been released on Dec. 28, 2013, which cancels the requirement of the minimum amount of registered capital for those limited liabilities companies, changes the paid-in capital into the capital subscribed by the shareholders, except those industries regulated by specified regulations, and eliminates the requirements of capital verification. New Company…

Company A had made a contract named as “Research on Particular Conditions of Construction Contract 2009” (“2009 Contract”), and obtained “Copyright Registration Certificate” in 2010. 2011, Company B published its announcement of tender, together with Particular Conditions. Company A found that Particular Conditions is similar with 2009 Contract both in structure and content, and it sued Company B for copyright…

From Sep., many companies consult about investing in SFTZ, some foreign investors whom have invested companies in Shanghai, are also interested in the benefits of SFTZ. Actually, whether an investor shall invest in SFTZ, the special benefits of SFTZ and its own demand shall be both taken into consideration, which means the investor shall be acknowledged about whether its demand…

Miss. Zhang bought a TV set, the seller gave her a soymilk maker and a fan as premiums. On the same day, Miss. Zhang found there was something wrong with the soymilk maker, she asked the seller to replace. The seller explained that the premium was free, which was not the object of “Three Guarantees” (“TG”), so it could not…

In the OEM system, how to make the enterprise’s name on OEM products? Shall we make the name of consignor or consignee, or both? This is a confusing problem in practice, even different local industry and commerce departments and quality supervision departments may make totally different decisions on such circumstance. We believe that the marks of products shall have the…

Mr. Huang had to purchase sportswear for the company. Because the company’s logo is light yellow color, he ordered 50 sets of yellow sportswear. After received the sportswear, he found that the color was earth yellow, which was totally different from the color shown on the website, and it was definitely not the ideal color. He negotiated with the retailer…

The main function of trademark is to identify the manufacturer or seller of goods, symbolize the commercial value and quality of goods, and etc., which requires the manufacturer or seller to use it. So “Trademark Law” has regulated those “Cease to be Used” trademarks. "Trademark Law" Article 49 has stipulated that without a reasonable reason, if the user has not…