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Mrs. Wang worked in Company A for 6 years, and she worked in the Administration Dept.. Came back from the maternity leave, she often came to work late and left early, and became forgetful, which was not the right working attitude. No doubts, she was disqualified in the performance evaluation. Company A transferred her to the finance dept. for the reason that she was incompetent. Afterwards she was disqualified in the performance evaluation again. Then Company A dissolved the labor contract in accordance with Article 40, Section 2 of the “Labor Contract Law”. However, the court held that the dissolution…

On June 28, 2017, the State Intellectual Property Office promulgated “Administrative Measures for Priority Examination of Patent Applications” ((2017) Order No. 76, hereinafter referred to as the “New Measures”), which has come into force on August 1st, 2017. Compare with “Administrative Measures for Priority Examination of Invention Patent Applications” implemented on August 1st, 2012 (hereinafter referred to as the “Old Measures”), the “New Measures” has optimized the priority examination, such as the scope of the application, the applicable circumstances and procedures. The specific highlights are as follows: 1. Expanding the scope of the application In the “Old Measures”, the priority…

It is common that many sellers would mark their shops, no matter online ones or offline ones, with “Exclusive Right to Sell XX”, “XX Brand Discount Shop” and etc.. When a seller is selling counterfeit products, it is an obvious trademark infringement behavior. What if a seller sells certified products, whether it shall be deemed as a trademark infringement behavior? It is possible. Then what is the reason? In order to clarify the reason, we shall discuss the fair use of a trademark firstly. Generally, the fair use of a trademark includes the descriptive use and nominative use. Article 59…

Company A’s “Sales Regulations” specifies that, where the price of any transaction is lower than the normal price level, such transaction shall be approved by the accounting dept. in advance, otherwise, the responsible person shall be recorded for a serious mistake. Sales manager Qian sold products to his friend’s company at a lower price, which brought the loss of 0.17 million to Company A. Company A issued a “Notice on the Dissolution of a Labor Contract” to Qian, in which it dissolved the labor contract with Qian for the reason that he had seriously violated Company A’s internal rules and…

Lee, the shareholder of a limited liability company was dead. He did not make a will. His successors included his wife and son. Both wanted to be listed as the shareholder of the company, and recommended Lee’s wife to take over the chairman of the board, which was Lee’s position. The other shareholders did not willing to accept their requests. But they did not know whether they had the right to refuse such requests. This is not rare in practice. Such cases shall be regulated in accordance with the “Law of Successor” and the “Company Law”. The share is a…

Company A dissolved the labor contract with Zhang. Then Zhang filed a labor arbitration on the grounds that company A illegally dissolved the labor contract. Hang also requested Company A to resume the labor relationship, and provide retroactive wages from the date when Company A made the dissolution decision, until the date of entry into force of the judgment. In addition, Zhang also request a compensation amount to 25% of the retroactive wages. After the labor arbitration and litigation, the court judged Company A to resume the labor relationship, and pay the retroactive wages. But the court did not order…