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With the development of information technology, it is very normal for a company to appoint another company to develop software for operation, production or promotion, such as an official website, mobile APPs, management system software and so on. However, the disputes related to software development contracts raised accordingly. The main reason of these disputes has 2 aspects. Firstly, the commissioning party is not familiar with the relevant technologies, and too many IT jargon words are involved in the contract, which make the commissioning party fails to design a specific contract; secondly, the developed achievement is intangible, which brings uncertain factors…

The Ministry of Human Resources and Social Security, the Central Public Security Comprehensive Management Commission, the Supreme People’s Court, the Ministry of Justice, the Ministry of Finance, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce and the China Enterprise Confederation/China Entrepreneurs Association jointly issued the “Opinions “. Although the “Opinion” shall not be directly applied as the judicial basis in hearing labor dispute cases, it reflects the tendency and trend in dealing with labor disputes in the near future. It has a guiding significance. Hereinafter partial of the contents have been selected which are highly…

The commercial cooperation between mainland China and Hong Kong becomes more frequently, and more and more disputes arise. In addition, many foreign companies tend to choose the courts in Hong Kong as the competent court, while dealing with the mainland companies. So the lawsuits’ problems involve mainland and Hong Kong is a matter of great concern. Previously, for the civil and commercial cases, there is no rules on cross-border collection of evidence, which have brought a lot of problems. To solve these problems, the “Arrangement” has been signed. The main content includes: 1. Evidence shall be collected via the respective…

To regulate the online market and protect the rights and interests of consumers, SAIC released the “Interim Measures”, which has further specified the “7-day Unconditional Return” policy as stipulated in Article 25 of the “Consumer Protection Law”. The main contents include: (1)To add 3 categories of goods which shall be excluded from the scope of the ”7-day Unconditional Return” policy Despite the 4 categories of goods which shall be excluded from the scope of the “7-day Unconditional Return” policy as stipulated in the “Consumer Protection Law”, the “Interim Measures” has added another 3 categories, which are (a) goods which –…

In order to apply a consistent judicial rule in dealing with those critical problems, which frequently raised in the trial of administrative cases involving the authorization and determination of trademark rights in the recent years, based on the “Opinions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights” (“Opinions”) released by the Supreme People’s Court in 2010, recently, the “Provisions” was released. The “Provisions” has highlighted the following aspects: (1) The determination of “Likelihood of Confusion” Article 12 of the “Provisions” has specified 4 listed factors and…