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In practice, more and more cases on the infringement of patent, which are taken action by the third party against OEM separately or both OEM and the purchasing company to the court. OEM manufactures products based on the commission processing contract, if the products infringe the third party’s patent right, besides the tort liabilities undertaken by the purchasing company, whether OEM shall undertake such liabilities? Generally speaking, there is no dispute on the tort liabilities undertaken by the purchasing company. Therefore, there is a view that, since the manufacturer is the purchasing company, OEM only engages in producing products in…

Miss Wang brought a piece of cake in a store. After the payment, she found that the identified shelf life had expired, so she required the store to refund the payment, and pay a compensation equivalent to ten times of the price of the piece of cake. The store agreed to do so. A few days later, Miss Wang’s colleague Miss Zhang bought a piece of cake in the same store, after a few bites, she found a fly in the cake, thought of Miss Wang’s experience, she asked the store for the same compensation as Miss Wang, however, the…

In recent years, the protection of personal information (“PI”) becomes a hot topic in China. Although, Personal Information Protection Law has not been promulgated yet, the legislation shows the trend on strengthening the protection of PI, especially, after Decision on Strengthening Information Protection on Networks (“Decision”) has been promulgated at the end of 2012, the employers’ obligation of PI protection has been legislatively defined to a certain extent. General Principles of the Civil Law and Tort Liability Act have limited PI protection in the scope of personal privacy, but have not regulated the collection and usage of PI by enterprises.…

Mr. Zhang was an automotive chassis engineer of an auto parts company (“S”), and his monthly salary was 20,000 Yuan. He had knowledge about some S’s trade secrets, such as chassis’ data and drawings. When Mr. Zhang departed, S and him signed an Non-competition Agreement (“Agreement”), in which stipulated that he should not work for a competing employer that produces the same type of products, or being engaged in the same type of business against S, or establish his own business to produce the same type of products or engage in the same type of business, within 2 years after…

Well-known trademarks mean the trademarks, which are widely known to the relevant sector of the public and enjoy a high reputation in China (Article 2 of “The Provision on the Recognition and Protection of Well-Known Trademarks”, hereinafter referred to as “Provision”). Registration is not the precondition for well-known trademarks, but according to Article 13 of Trademark Law, for well-known trademarks, which have not been registered in China, the protection scope is limited to “the identical or similar goods”, it means that the principle of “similar class protection” is applied; for well-known trademarks registered in China, the protection scope is extended…

The resident representative office of an American company (“S”) recruited Mr. Gao as its administration manager directly, instead of entrusting a labor dispatch company to recruit personnel. S and Mr. Gao agreed to a monthly salary of RMB20, 000, both parties had not signed a labor contract. 4 years later, S dismissed Mr. Gao, and Mr. Gao asked for RMB 80,000 as the economic compensation. However, S refused to pay such payment. Mr. Gao submitted the dispute to the court, the court determined that the relationship between S and Mr. Gao was not the labor relationship, and did not support…