29
2025-04
In recent years, the volume of trademark applications in China has increased significantly. However, behind the large number of trademark registration applications, there are some acts that violate the principle of good faith. Some applicants have engaged in acts such as clinging to trademarks of others with a certain degree of fame, malicious registration, and hoarding trademarks, not only infringing on the rights of other trademark right holders but also occupying trademark resources. Based on the aforementioned facts, Article 44, Paragraph 1 of the Trademark Law has become the main clause for revoking or invalidating registered trademarks on absolute grounds; "Obtaining registration by other improper means" has played a positive role in judicial practice, effectively cracking down on a batch of malicious registrations aimed at "傍名牌" (riding on the coattails of famous brands) and other improper acts such as hoarding a large number of trademarks for profit.
2025-04-29
29
2025-04
Perspective | Practical Research on the Rules for Adjusting Penalty for Breach of Contract
In commercial transactions, to strengthen the protection of their legitimate rights and interests, both parties to a contract often stipulate penalty clauses in the contract terms and clearly specify the corresponding liquidated damages. This can serve as an advance warning and prevention when the other party may breach the contract, and can also reduce the losses of the non-breaching party in the event of an actual breach. However, the agreement on liquidated damages often leads to disputes, the most prominent of which is whether the amount of liquidated damages is too high or too low, and whether it needs to be adjusted by the people's court or arbitration institution. In practice, different types of contracts, different statuses of contracting parties, and transaction backgrounds will lead to mismatches between the agreed liquidated damages and the actual losses. The non-breaching party will often demand to maintain or even increase the liquidated damages on the grounds of "compensating for losses" and "making up for lost profits," while the breaching party often claims that the liquidated damages are "too high" and requests a reduction. Therefore, how to reasonably grasp the triggering conditions, judgment standards, and discretionary scope of the adjustment of liquidated damages, as well as the special provisions under different case scenarios, has become a focus in the trial of contract dispute cases. This article will combine the provisions of Article 585 of the Civil Code of the People's Republic of China and relevant judicial interpretations to comprehensively analyze and study the principles and application logic of liquidated damages adjustment rules in judicial practice.
2025-04-29
16
2025-04
Spousal joint debts refer to debts incurred by both spouses during their marriage with mutual consent, or debts incurred by one spouse in their own name for the daily needs of the family. These debts must be jointly repaid by both spouses according to the law, and they bear joint and several liability for such debts. Spousal joint debts are legally categorized into two types: firstly, debts incurred with mutual consent; and secondly, debts incurred for daily family needs. Although the Civil Code and relevant judicial interpretations have clearly defined the criteria for determining and the rules for repaying spousal joint debts, there are still some disputes and difficulties regarding the criteria for determining and the issues of repayment of spousal joint debts in specific judicial practice. This article will discuss the main points of contention and the corresponding rules of judgment regarding the criteria for determining and the rules for repaying spousal joint debts in judicial practice, and provide some practical suggestions.
2025-04-16
16
2025-04
Perspective | "Loan Note" and "Transfer Records" in Private Lending
In civil loan disputes, the determination of the loan relationship often depends on the sufficiency of evidence. From judicial practice, having a loan note without a transfer record (e.g., cash delivery) and having a transfer record without a loan note are two common situations with different legal determinations. This article analyzes the key points and coping strategies of these two situations from a professional perspective, combining relevant legal articles and typical cases.
2025-04-16
11
2025-04
The "Measures for the Management of Compliance Audits of Personal Information Protection", issued by the Cyberspace Administration of China, will officially come into effect on May 1, 2025. Against this backdrop, on April 9, the Jinan office of Zhongcheng Qingtong Law Firm held its first roadshow event of 2025. Senior Partner Chen Xiaotong, and Partners Zhao Zhigang and Qu Mengyu, all from the Jinan office, gave an online presentation explaining relevant legal issues concerning the compliance audit of personal information protection.
2025-04-11
11
2025-04
Perspective | How Network Service Providers Fulfill Their Duty of Care - Precautionary Measures
With the advent and rapid development of the information and internet age, the medium and breadth of information dissemination have undergone earth-shaking changes. Films, television dramas, and literary works are no longer presented and disseminated solely through traditional forms such as television or paper books. Any networked device allows anyone to easily and conveniently browse any work. However, in this context, China lacks a clear definition and regulation of the degree of due diligence that should be borne by network service providers, resulting in the inability to effectively protect copyright on the internet and network service providers bearing excessive due diligence obligations.
2025-04-11
11
2025-04
According to Article 40 of the Labor Contract Law of the People's Republic of China, "If an employee suffers from illness or non-occupational injury and, after the expiration of the prescribed medical treatment period, is unable to perform their original work or any other work arranged by the employer, the employer may terminate the labor contract after providing thirty days' written notice to the employee or paying the employee one month's wages.". According to the text, the above-mentioned legal provision does not stipulate that a labor capacity assessment is a prerequisite for termination of the labor contract.
2025-04-11
10
2025-04
Real Estate Perspective | Key Points for Reviewing Housing Rental Contracts
House rental contracts are one of the most common contracts in daily life and business operations. They can be between individuals, or involve individuals and businesses, or businesses and businesses. Due to the special nature of the subject matter of house rental (houses are immovable and involve property certificates, property registration, property management, rent, lease term, and many other factors), various disputes are prone to occur during the establishment and performance of house rental contracts. For both lessors and lessees in house rental contracts, the review of house rental contracts requires attention not only to the completeness and legality of the contract text, but also to multiple factors such as their own needs and industry practices, so as to clarify responsibilities and prevent risks as much as possible in the contract. This article will summarize the main review points of house rental contracts from the perspectives of both lessees and lessors.
2025-04-10
07
2025-04
Thailand is located in the circum-Pacific seismic belt, and international engineering projects face significant seismic risks. The mandatory technical specifications embedded in its legal system pose a double challenge to the FIDIC contract responsibility framework. Thailand's Building Control Act grants mandatory priority to the local seismic design standard (DPT), directly impacting the contractually agreed technical clauses and risk allocation logic, leading to a blurring of the contractor's design responsibility boundaries. Based on empirical studies of engineering disputes in Asia, this article focuses on the conflict mechanism between FIDIC clauses and statutory standards in earthquake collapse incidents, analyzes the proof requirements for force majeure defenses and the extended boundaries of technical compliance obligations, in order to provide a systematic solution for transnational engineering risk management.
2025-04-07
07
2025-04
Virtual property is a product that emerged with the advancement of times and is virtually represented in cyberspace. It is characterized by value, tradability, and non-reality. It is precisely because of its non-reality that it faces enormous difficulties when dividing marital property.
2025-04-07
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