Legal Notebook

Because the current economic situation is severe, the recovery of creditor’s rights of enterprises becomes riskier. It is very important for enterprises to well manage the recovery of creditor’s rights, including to take necessary measures to manage the risks, to take necessary measures to recover debt as soon as possible. This article intends to provide reference for enterprises to establish a mechanism regarding the recovery of creditor’s rights based on practical experience. The fundamental logic of such mechanism is that enterprises shall manage the creditor’s rights during the whole procedure, including the risk evaluation before a transaction, risk identification during…

A owed B money, but was unable to pay it back. B found that C owed A money, then he required C to repay the money directly to himself. This is a typical case of the implementation of subrogation. Article 535 of the “Civil Code” stipulates that, “where the obligor is remiss in exercising its claims or the accessory rights related to its claims, thereby affecting the realization of the matured claims of the obligee, the obligee may petition the People’s Court to exercise the rights of the obligor against the counterparty in subrogation in its own name, except that…

In order to do business with Company A, Company B mortgaged two properties to A and completed the mortgage registration. A sued B for a dispute and won the case. However, when A applied for the enforcement of two properties, it encountered two problems: the mortgage registration term agreed by both parties and actually registered was about to expire, and it is obviously that the court would seal up the properties after the expiry date; and B was deeply in debt, it had mortgaged two properties to serval other creditors (Company A’s mortgage was the first), and it was involved…

Company A’s “Employee Handbook” and “Fieldwork and Business Travel Attendance Management” state that fieldworkers shall use GPS to register for attendance. Y is a salesman, and Company A gave him a work mobile phone, but he turned off the phone for many times during work, and failed to register for attendance. Company A fires Y for absenteeism. Y held that Company A used GPS to check on work attendance had infringed his personal privacy, so the relevant internal rules and regulations were invalid. Therefore, Y filed an arbitration against Company A on the ground that Company A had terminated the…

Company Y failed to repay its debts, Company T had to sue Y. Chen was a shareholder of Y, and he subscribed capital of Y amount to CNY300, 000, which had not yet been paid. During the litigation, Chen transferred his equity to Company H. After the judgment came into effect, Y refused to perform the judgment, T applied for the compulsory execution, and found that Y had no property available for execution, in addition, Y’s shareholder H had a lot of debts and was listed as a dishonest party to be executed. How to protect T, the winning party’s…

After C was dismissed by the company for false reimbursement, C’s supervisor H was also dismissed on the grounds that H neglected to perform his management duties, which brought damages to the interests of the company. H felt wronged, because he was cheated by C, all the faults were made by C, so it is unfair for the company to punish him. This case has similarities, but differences, to the case in the previous Legal Notebook, which mentioned an accounting executive was fired due to other colleague’s false reimbursement. In the previous issue, the accounting executive is fired on the…

A product’s model symbol (hereinafter referred to as the “Symbol” refers to a serial number marked on a product. Such serial number is used to identify products. It is common to design a specific “Symbol” with a few alphabets, digits, the combination of alphabets and digits, or the combination of the foresaid items with a trademark, such as Audi A4, Q7. Some “Symbols” are quite special, and after a long period of use and promotion, consumers would connect those “Symbols” with their manufactures, in other words, such “Symbols” could play a role in distinguishing the source of a product. However,…

Z was a company’s chief accountant who is responsible for accounting work. He should review reimbursement receipts as the first reviewer, then collect, bind, and double check the final reimbursement receipts after the whole review process had been accomplished. Z’s colleague L and H fabricated several diesel invoices, by which they had reimbursed RMB 640,000. During the review process, Z failed to timely check whether such invoices were issued according to relevant requirements, in addition, Z failed to find out that such invoices were inconsistent with the accounts, and his signatures were faked. The company fired Z with the reason…

On January 24, 2022, the “Provisions on Intellectual Property Credit Management of CNIPA ” (hereinafter referred to as the ” Provisions”) has been released and came into force on the same day. The main contents of this “Provisions” are as follows. 1. The categories of behaviors would be considered as dishonest behaviors. Article 6 of the “Provisions” clearly lists 6 categories of specific dishonest behaviors, including: (1) abnormal patent application not aimed at protecting innovation; (2) malicious trademark registration application; (3) violation of laws and administrative regulations to engage in patent and trademark agency who have been punished by CNIPA; (4) submitting false…

Speaking of anime images, several famous images might jump out of your minds, such as One Piece, Crayon Shin-chan, Pleasant Goat and Big Big Wolf. If an anime image becomes popular, it might be pirated, (Note: normally the rights holder could claim for copyright infringement, due to space limitations, this article will not go further on this aspect.), and its constituent elements might be pirated as well. The elements mainly include the image, name, title of the work, catchphrases, props and etc. For example, a company produces children’s clothes, on which the image of Big Big Wolf and its catchphrase…