Archive

From the beginning of 2013, several Vertical Monopoly (“VM”) cases have caught the attention of the public. After the National Development and Reform Commission (“NDRC”) investigated “Mao-tai" and "Wuliangye" on their fixed resale price at the beginning of this year, NDRC carried on another investigation on milk manufactures about the same issue in the middle of the year. Recently, Shanghai…

A well-known trademark is registered as the enterprise name by the other party, which brings the conflict between trademark right and enterprise name right, this circumstance is not rare. For the relevant legal issues, the trademark owner shall pay attention to 2 main aspects: (a) the standard on identifying whether the enterprise name has infringed trademark right; (b) the remedies.…

Recently, a criminal case has aroused widespread concern on the infringements of Trade Secret (“TS”), in which a former employee abused the former employer’s client list. 4 former employees obtained the client list of Company A(“A”) by improper means, established a new company, and sold the similar equipments amount to a huge gross income to the overseas clients by pretending…

According to “Circular of the State Administration of Foreign Exchange on Printing and Distributing Laws and Regulations for Foreign Exchange Management of Service Trade” (Hui Fa [2013] No. 30, “Circular”) released by State Administration of Foreign Exchange(SAFE), reform of foreign exchange management of service trade will be started on 1st Sep. 2013. The reform highlights 2 aspects: the procedures in…

Over the years, the Chinese enterprises used to be the licensee under a technology licensing contract (“TLC”), this is why the Chinese laws and regulations have stipulated provisions which are more restrictive to licenser under TLC, especially many prohibitive/restrictive provisions on the restrictive terms in TLC. For the licensers, on the one hand, they want to obtain economic benefits by…

Mr. Wang (“Wang”) and Company A (“A”) have signed “Confidentiality Agreement”, in which stipulated that Wang shall keep confidential A’s trade secrets, including the experimental data and etc., and the confidential term shall be the term of the employment and 2 years after termination of this employment. 2 years after the termination of this employment, Wang disclosed the experimental data…

A preliminary injunction (“PI”) in IP lawsuits is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. [1] When China…

"1 Hz is OUT, please do not confuse consumers”,” Full DC is OUT, 10 years old technology is old". Midea and Gree, 2 air-conditioner companies, were involved in an advertisements’ fight in April 2012, Jiangxi Province. After the advertisements were launched, both parties alleged that the opposite side had violated "Anti-Unfair Competition Law", and claimed for compensation. After hearing, the…

In accordance with relevant laws and regulations, retirees mean the person whom terminates the labor contract with the employer when he/she meets the criteria of age, type of work the work ability and the endowment insurance. Nowadays, some High-tech retirees are rehired by the enterprises in the relevant fields. The relationship between retirees and the enterprises should be deemed as…

In 2011, Mr. Zheng brought commercial third-party liability insurance for motor vehicles (“CTLI”) for his car. One day, Mr. Zheng lent the car to his friend Mr. Pan, unfortunately, a traffic accident happened, Mr. Pan was identified with full responsibility. The victim appealed to the court against both Mr. Zheng and Mr. Pan, the court made the decision that Mr.…