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The FOCUS Company has obtained an exclusive information network transmission right of several works, which have been found to be spread by others by Baidu Pan. So The FOCUS Company sent a “Notification Letter” to the Baidu Company, and requested it to delete the relevant works. However, the Baidu Company did not delete the relevant works, and The FOCUS Company filed a lawsuit against the Baidu Company. In the litigation, the dispute focused on whether the “Notification Letter” is a valid notice. The court of the first instance held that it is a valid notice, however, the court of the…

When a financial staff received an email or a SMS from the said GM or the Purchasing Manager, and the staff was urged to remit money to a designated account. Normally, the staff would arrange the payment as soon as possible, since the staff took it as an order. Later then, the company found it was a scam, for example, the said GM’s email address was slightly different from the right one; or the fraudster had stolen the Purchasing Manager’s mobile phone number, by which the fraudster sent the fraud SMS, and so on. Such scams have two key characteristics,…

Article 17 of the “Anti-unfair Competition Law” provides that in the cases concerning the infringement of commercial secrets, where it is hard to ascertain the actual losses of the infringed party, the compensation could be determined in accordance with the gains made by the tortfeasor from the infringement (hereinafter referred to as the “GAINS”). In practice, it is very difficult to prove the actual loss of the infringed party in the majority cases concerning the infringement of commercial secrets. Therefore, it is not rare to determine the compensation in accordance with the GAINS. Regarding the calculation formula of the GAINS,…

After the outbreak of COVID-19, there are many articles concerning whether COVID-19 shall be deemed as a force majeure circumstance, how to defend the claim of the liability for breach of contract and so on. These articles have analyzed from the laws to the judicial decisions. However, for the majority enterprises, you may only want to know whether you can take advantage of force majeure; if yes, then how to use the relevant provisions and what are the results? Let’s make it simple, we will use the “Q & A & Example” method to explain this topic within 3 minutes.…

The COVID-19 pandemic has lasted nearly 2 months. In China, the State Council extended spring festive, local governments postponed the date of resumption of business. COVID-19 is under control in China, however, it spreads fast in Japan and Korean. Recently, some cases were founded in Europe and America. COVID-19 has started to behave a lot those days. March, the significant month for the majority enterprises to resume of business, we have prepared some management tips for reference. 1.Issues concerning individuals enter mainland China 1.1 Entry On 1st Mar., the Joint Prevention and Control Mechanism of the State Council of China…

When a company becomes famous, it attracts not only business opportunities, but also imitators. Taiwan “南 X” Plastic Industry Co., Ltd. has successively established several subsidiaries under the name “南X” in mainland China. One of those subsidiaries, “南X” Electronics (Kunshan) Co., Ltd. (hereinafter referred to as “Kunshan南X”) was established in August 2000. However, Shanghai ”南X” Copper Clad Foil Co., Ltd was established in June 2000, and changed its name as ”南X” New Material Technology Co., Ltd. (hereinafter referred to as “Shanghai 南 X”) in August 2017. In addition, the business scope of Shanghai 南 X is similar to Kunshan 南…