10

2025-06

Viewpoint | A Brief Analysis of the Impact of Inventive Concept Differences on Patent Inventiveness Judgment, Illustrated by a Case of Administrative Dispute over Invalidation of an Invention Patent Right

In today's era of rapid technological innovation, competition in the field of intellectual property rights is becoming increasingly fierce. Patents, as an important legal form of protection for the results of technological innovation, their validity directly concerns the core competitiveness and market position of enterprises. Recently, the number of administrative disputes over patent invalidity has shown a significant growth trend. This phenomenon not only reflects the high importance that enterprises attach to patent value, but also highlights the urgency of accurately determining patent validity. Against this backdrop, an in-depth analysis of typical administrative disputes over patent invalidity, such as the case of the invention patent invalidation of “A method for hydrolyzing corncob to obtain xylose hydrolysate”, is particularly necessary. It will provide valuable reference and enlightenment for enterprises in the process of patent layout and rights protection.

2025-06-10

30

2025-05

Real Estate Perspective | Circumstances and Legal Analysis of the Contractor's Breach of the Fixed-Price Clause in Construction Contracts

The initial intent of fixed-price contracts is to control costs and avoid overruns. The employer, by using a fixed price, transfers risks within the normal scope during the construction period to the contractor, thus gaining budget certainty. The contractor, through independent bidding, comprehensively considers construction costs, anticipated profits, and risk premiums. Once signed, the contractor bears market risks such as fluctuations in material and labor prices during the contract term. The rise and fall of market prices fall within the scope of commercial risks: price increases may lead to reduced profits or even losses for the contractor, but price decreases can also increase the contractor's profits. Therefore, unless the construction content and contract conditions change, the contractor may not request an adjustment to the contract price due to general price fluctuations. However, this "absolute lump sum" is not without exceptions. This article will analyze typical scenarios to discuss when fixed prices can be adjusted and their legal basis.

2025-05-30

30

2025-05

Viewpoint | Legal Analysis of the Validity of Commercial Bank Equity Proxy Holding Behavior and Whether It Can Be Excluded from Enforcement

Equity holding on behalf of others in commercial banks refers to an agreement between the actual investor and the nominal investor of the commercial bank's equity, where the actual investor provides the capital and enjoys the investment rights, while the nominal investor acts as the nominal shareholder to exercise the equity. Equity holding on behalf of others is common in business practices. According to relevant laws and regulations in China, the validity of equity holding on behalf of others is generally recognized. This article mainly analyzes the validity of equity holding on behalf of others in commercial banks and whether it can be excluded from execution, as follows:

2025-05-30

15

2025-05

Perspective | Part 2: Theoretical and Practical Research on the Rules for Returning Gifts and "Three Golds" (Practical Part)

Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, the number of first-instance cases concerning the return of betrothal gifts and engagement property handled by courts nationwide has reached nearly 20,000, and the amount of betrothal gifts has shown a general upward trend. How to legally and reasonably determine the nature of betrothal gifts and "three golds" while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to conduct an in-depth analysis of the legal nature of betrothal gifts and "three golds", the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions to provide readers with practical guidance.

2025-05-15

15

2025-05

Perspective | Part 1: A Theoretical and Practical Study of the Rules Governing Gift Money and the Return of "Three Golds" (Theoretical Part)

Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, courts nationwide have accepted nearly 20,000 first-instance cases involving disputes over the return of betrothal gifts and engagement property, and the amount of betrothal gifts has been generally increasing. How to legally and reasonably determine the nature of betrothal gifts and three golds while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to analyze in depth the legal nature of betrothal gifts and three golds, the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions, in order to provide readers with practical guidance.

2025-05-15

15

2025-05

Perspective | Legal Analysis of Money Laundering and the Crimes of Concealing or Disguising Criminal Proceeds and Proceeds of Crime

In the practice of criminal defense, money laundering and the crime of concealing or disguising criminal proceeds (hereinafter referred to as the concealment crime) have become two common crimes, but the two crimes are often confused due to the similarity of their behavioral manifestations. Therefore, clarifying the legal boundaries and accurately distinguishing the charges is crucial for accurately combating crime and maintaining judicial justice. This article will analyze the two crimes from the following aspects.

2025-05-15

06

2025-05

Perspective | The Way of Wealth Inheritance in the Wisdom of Traditional Chinese Studies - Enlightenment from Traditional Chinese Culture on the Protection and Inheritance of Wealth for Modern Entrepreneurs

Inheritance is an eternal topic. The continuity of Chinese civilization for five thousand years relies on inheritance; the preservation of the fine traditions of the Chinese nation also relies on inheritance. Many famous sayings, proverbs, and allusions about inheritance are also prevalent in traditional Chinese culture. The author wishes to use the past to enlighten the present, prompting modern entrepreneurs to think about the protection and inheritance of their own wealth, and to encourage a transformation from the initial awareness of inheritance to a comprehensive mindset of inheritance.

2025-05-06

06

2025-05

Perspective | Common Legal Issues in Cohabitation under the New Situation

In today's society, with the continuous opening up of people's minds and the blending of multiculturalism, cohabitation has become increasingly common and is gradually becoming a preferred lifestyle for unmarried individuals. According to the "2023 Young Couples Cohabitation Survey Report" jointly released by Baihe Jiayuan Group and "The Houlang Research Institute," 77.8% of young people have an open attitude towards cohabitation, and a considerable number of young people have actual cohabitation experience. Looking at the different age groups, the premarital cohabitation rate for Generation Z (born after 2000) is 26.9%, while the rate for Generation X (born in the 1980s) and Generation Y (born in the 1990s) reached 59.9% and 63.8% respectively. The premarital cohabitation rate in China shows an upward trend. The increasing prevalence of cohabitation relationships has also brought about numerous legal disputes, however, many people know little about legal issues in cohabitation relationships. This article will thus provide a summary based on relevant legal provisions.

2025-05-06

06

2025-05

Perspective | Labor Rights Protection and Platform Responsibility in New Employment Forms: Analysis of Two Typical Cases from the Supreme People's Court

The Supreme People's Court released the first batch of guiding and typical cases on labor disputes in new employment forms in December 2024, and the second batch was released on the occasion of International Labor Day (May 1st). These cases clarify the standards for determining labor relations and rules for assuming responsibility, aiming to balance the protection of workers' rights and the development of the platform economy. The following are the core contents of the first batch of released cases and specific typical cases from the second batch:

2025-05-06

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