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Company B is a large-scale multinational motorcycles enterprise, which has registered several trademarks with English characters “HONDA” and relevant graphics, in the 12th trademark category in China in 1988 and 1998. An overseas Company M commissioned a domestic Company H to manufacture motorcycle parts marked with “HONDAKIT”, and those parts would be exported to Myanmar. To be noted that Company…

Article 39 of the "Labor Contract Law" stipulates that where an employee has committed a serious breach of the employer's rules and regulations, the employer could unilaterally terminate the labor contract without any compensation. According to this article, if an employer has listed the behaviors which shall be determined as a serious breach, then will the employer unilaterally terminate the…

An automatic renewal clause is very common in the commercial contracts, in which the parties plan to keep a long-term cooperation, such as strategic cooperation agreements, lease contracts, intellectual property licensing agreements, and so on. Normally, such clause is a standardized clause, and many companies are used to ignore it. Take the case (2019) Jing 0108 Min Chu No. 22059…

We have discussed the salary for suspension in the last issue, and this time the topic is the period for suspension. When an employee is involved in a violation of internal rules and regulations, or suspected in a violation of laws and regulations, the employer may require the employee to be suspended for investigation; and the suspension period is determined…

Company T sued Company E for trademark infringement. T required E to stop the infringement, compensate for the losses, in addition, it required E to publish an apology in its local newspaper. If the court held that E had infringed T’s trademark, whether it would support T’s request for an apology? The answer is negative. The “Patent Law” has listed…

Company A signed a purchase contract with Company B. Later then, Company B was merged by Company C. Because Company A had disputes with Company C, it was unwilling to do business with Company C. Then, whether Company A could refuse to do business with Company C?  Article 174 of the "Company Law" stipulates: "when a company is merged, the…

In December 2016, a few days after Dong lost contact, the company terminated the labor contract for absenteeism. In April 2017, Dong was diagnosed with schizophrenia, and the doctor stated that the disease had begun in August 2016. Dong’s daughter claimed that the company had terminated the labor contract illegally. The Shanghai High People’s Court finally determined it was an…

The business name is administrated by SAMR, and the registered trademark is administrated by the Trade Office. These are two different administrative procedures, so nobody could check crosswise. How to defend rights when you encounter the identical/similar business name and registered trademark? The first circumstance: a registered trademark is prior. Article 1 of the “Interpretation of the Supreme People's Court…

Fu was late for more than 70 times within 10 months after he was onboard. The company terminated the employment contract with the reason that Fu had committed a serious breach of the company’s rules and regulations. Fu filed a lawsuit against the company. The court held that the company knew that Fu had been late for work very frequently…