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Trademark Parallel Imports (“TPI”) refers to the owner of the registered trademark, or the other licensee has produced and sold the goods with the registered trademark in the export country, a third party (importer) imports the goods with the registered trademark to a third country (import country), but the owner of the registered trademark or the other licensee has also registered the same trademark in the import country. Follow up with the establishment of Shanghai Free Trade Zone and the overseas online shopping, the problems related to TPI become more and more serious. Especially for those multinational companies, TPI may…

Shortly after Mr. Q joined Company X, he suffered from melancholia. Company X was worried that Mr. Q’s illness might affect his work and other colleagues, so it terminated the labor contract with Mr. Q after he had been diagnosed. In addition, Company X paid the payment in lieu of notification and economic compensation. However, Mr. Q refused to accept Company X’s decision, and the dispute was brought to the arbitration committee and then the court, finally, the court made the judgment, which required Company X to resume the labor relation and arrange the payment for sick leave to Mr.…

In the patent infringement proceedings, the plaintiff applies for the declaration of the patent right invalid to the Patent Review Board (“PRB”) during the defense period, which is a common strategy. In the practice, when PRB has made a decision on declaring a patent right invalid, whether the court can dismiss the patentee’s claim on the decision date; or 3 months after the decision date, or upon the valid administrative order on affirming such decision, according to “Patent Law”, Article 46, paragraph 2? However, different courts, even different judges may make a different choice on dealing with such cases. Take…

The operator of a WeChat official account forwarded an article of another WeChat official account without authorization, and be deemed as infringing the other operator’s copyright, including the right of authorship, the right to modify, network dissemination of information and remuneration. Finally, the defendant operator was ordered to issue public apology and compensate RMB 1 Yuan to the plaintiff operator. People are accustomed to forward articles by WeChat, why such action shall be deemed as an infringement? Where is the boundary between the fair use and infringement? In order to keep ourselves from infringing others’ right, or protect ourselves from…

Company B filed a lawsuit against Company A on the infringement of trade secrets, and the court of the first instance ruled in the favor of B. Whereat, B released a piece of news on its website, said that A might bear a huge amount of compensation for the infringement of trade secrets, and uploaded the verdict of the first instance. Then A‘s sales dropped heavily. Shortly, in order to obtain the project of Company C, B sent the verdict to C by email, after internal discussion, C notified A on the termination of negotiation. A filed a lawsuit against…

Zhang took an “Unlicensed Taxi” from his home to the company, the “Unlicensed Taxi” was crushed by another car, and Zhang was injured in the accident. Then, Zhang applied for the determination of the work-related injury, however, the company said that the “Unlicensed Taxi” did not have the qualification to run business, so it should not be determined as the work-related injury. Zhang applied to a labor dispute arbitration committee for arbitration, and finally, the committee supported his claim. According to “Social Insurance Law” and “Regulation on Work-Related Injury Insurances “(“Regulation”), the no-fault liability principle shall be applied in the…

In order to solve the difficulties in the determination of work-related injuries, the newly issued “Provisions” has highly summarized and further refined the problems exposed in practice after the implementation of the “Work Injury Insurance Regulations”. The highlights of the “Provisions” include: Refine the requirements of ” due to work, working hours and workplace” The burden of proof inversion has been applied in proving “due to work”, that is, if the employer has no evidence to prove irrelevant to performing duties within the working hours and the workplace, that would be regarded as “due to work”. Working hours and workplace…