Notification of product discontinuance is a must or not?

Nowadays goods are being updated frequently. Consumers don’t have any trouble with the updated FMCG, however, there are troubles with those updated durable consumer goods (“DCG”), such as appliances. Because consumers may need components and parts for the maintenance and repair of DCG. Therefore, the manufacturer shall pay attention to two issues, 1) how long should components and parts be…

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How to deal with the labor disputes related to foreign employees?

According to the “Administrative Provisions on Employment of Foreigners in China” (hereinafter referred to as the “Provisions”), an employer hiring a foreigner shall apply an employment permit for the said foreigner. Many provinces and cities require the employer to provide a labor contract with the foreign as stipulated in Article 17 of the “Provisions” for applying the employment permit. However,…

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To well manage the recovery of creditor’s rights

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…

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Practical issues related to the implementation of subrogation

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…

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Whether the mortgagee could realize the mortgage after the expiration of the mortgage registration term?

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…

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Can you check on work attendance by GPS?

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…

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How to protect the plaintiff’s interests when the defendant changes its shareholder or legal representative during the litigation?

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…

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Should a supervisor be liable for subordinate’s faults?

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…

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Is it risky to use model symbols similar to competing products?

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,…

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Does the “Significant damages” equal to the “Significant economic losses”?

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…

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