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The “Pay When Paid” (hereinafter referred to as the “PWP”) clause usually applied in the chain contracts. The typical feature of PWP is that there are two contracts, a party sets the payment of the upstream party as the precondition for the payment to the downstream party. Such clause could help the party to reduce risks related to the payment, which is widely used in contracts such as construction, advertising, technical services, bulk cargo transactions and so on. However, the validity of such clause is not clearly defined in the current laws, so it is impossible to affirm such clause…

Many companies prefer to use maps to mark business scope, by which they could introduce their scale or business scope. Article 9 of the “Advertising Law” stipulates that advertisements shall not, …… (4) harm the dignity or interests of the State and divulge State secrets; ……” Since 2017, administrative penalty cases due to the improper use of maps are very common. In practice, although many companies hope to avoid such penalty, many of them do not have a comprehensive understanding of how to avoid such risk. After analyzed the previous administrative penalty cases, in order to avoid such risk, it is…

Company B sued Company A regarding a contract dispute, and won the lawsuit. A failed to perform the effective judgment, so B applied for enforcement. As W is the legal representative of A, B applied the court for adopting measures on restriction of high-level consumption on W. In 2019, A changed its legal representative from W to Z, and then W applied to the court for lifting the order of such restriction. (See (2020) Yue 01 Zhifu No. 349) It can be seen from the above case that in some cities, a legal representative adopted with such restriction could replace…

The video of the “Tan Tan Transportation”(谭谈交通) was removed from several major internet platforms, which is the latest typical network infringement case. In similar cases, the obligee may claim for infringement against the infringer and relevant internet platforms. The “Safe Harbor Principle” derived from the “Digital Millennium Copyright Act of the United States”, which has built a safe harbor for internet platforms, that is, unless an internet platform ignores the obvious infringement and does not take corresponding measures, it could be exempted from liabilities according to this principle. However, in recent years, there are changes in the legislative and judicial…