All posts by legal

Z was a company’s chief accountant who is responsible for accounting work. He should review reimbursement receipts as the first reviewer, then collect, bind, and double check the final reimbursement receipts after the whole review process had been accomplished. Z’s colleague L and H fabricated several diesel invoices, by which they had reimbursed RMB 640,000. During the review process, Z failed to timely check whether such invoices were issued according to relevant requirements, in addition, Z failed to find out that such invoices were inconsistent with the accounts, and his signatures were faked. The company fired Z with the reason…

On January 24, 2022, the “Provisions on Intellectual Property Credit Management of CNIPA ” (hereinafter referred to as the ” Provisions”) has been released and came into force on the same day. The main contents of this “Provisions” are as follows. 1. The categories of behaviors would be considered as dishonest behaviors. Article 6 of the “Provisions” clearly lists 6 categories of specific dishonest behaviors, including: (1) abnormal patent application not aimed at protecting innovation; (2) malicious trademark registration application; (3) violation of laws and administrative regulations to engage in patent and trademark agency who have been punished by CNIPA; (4) submitting false…

Speaking of anime images, several famous images might jump out of your minds, such as One Piece, Crayon Shin-chan, Pleasant Goat and Big Big Wolf. If an anime image becomes popular, it might be pirated, (Note: normally the rights holder could claim for copyright infringement, due to space limitations, this article will not go further on this aspect.), and its constituent elements might be pirated as well. The elements mainly include the image, name, title of the work, catchphrases, props and etc. For example, a company produces children’s clothes, on which the image of Big Big Wolf and its catchphrase…

In order to increase the fertility rate, the national and local governments have released many favorable polices which include those welfare policies regarding fertility. Female employees have various leaves which have been adjusted from time to time. In order to help HRs, this article lists the latest regulations on various leaves in Shanghai for reference. Title Duration Remark Prenatal inspection leave The frequency shall be ordered by doctors, and there is no special requirement for duration. In practice, many employers would give half  a day to one day as needed.   The minimum frequency of the prenatal inspection could refer…

The “Standard Terms” (“STs”) refers to the clauses which have been drafted by one party in advance for repetitive use, and would not been or could not be negotiated with the counterparty. STs is very common in telecommunication service contracts, insurance contracts, various online shopping contracts, and etc. Normally, the providers are mightier, in order to maximize their rights and minimize their obligations and responsibilities, the providers usually set such terms stricter or less favorable to the counterparty. Where such terms are too strict, and obviously unfair to the counterparty, the law would interfere relevant contracts. The “Contract Law” prescribes…