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Zhao was a sales manager of a Shanghai company, and his monthly base salary was RMB17,000. In September, his actual income was RMB37,650, which included the monthly base salary and the sales commission. Due to the adjustment of the management structure, on 3rd October, the company made the decision to cancel Zhao’s position, and then informed Zhao to dissolve the labor contract after 15 days. Afterwards, Zhao filed an arbitration request, in which he insisted the company failed to notify him in written 30 days in advance, and required the company to pay the “Wages in lieu of Notice” (hereinafter…

China’s current “Trademark Law” stipulates 4methods on calculating the compensation for infringement: theplaintiff’s loss, the defendant’s benefits, the reasonablemultiples of the royalties of a registered trademark, and thestatutory compensation. However, the data [1] shows that thestatutory compensation has been applied in more than 90% of thetrademark infringement cases, in which the courts are in favor ofthe plaintiff, in practice. According to paragraph 2, Article 16 of the“Interpretation of the Supreme People’s Court on Certain IssuesConcerning the Application of Law in the Trial of Civil CasesInvolving Trademark Disputes” (hereinafter referred to as to the“Interpretation”), when determining the amount of compensation,many factors…

Bai worked in a Jiangsu chemical industry company, and his position was related to the occupational disease hazards. The company informed Bai to take a pre-departure occupational health examination (hereinafter refers to the “Examination”) via EMS after his labor contract had been expired. But Bai did not take the Examination. Instead, he brought a labor arbitration on the illegal termination of the labor contract against the company, with the reason that the company did not arranged the Examination. After the arbitration and litigation, the court finally ruled in favor of Bai. (See (2015) Ning Min Zhong Zi No.1725 Civil Judgement)…

The trademark right owner A signed a trademark exclusive license contract with B. Later then, A signed another trademark exclusive license contract with C concerning the same trademark. Then who is the authorized licensee? Shall B require C to stop the infringement and compensate for damages? Or B could only require A to undertake the liability for breach of contract? To solve these problems, there are 2 factors shall be taken into consideration: (a) whether any trademark exclusive licensing contract has been submitted for record-filing? (b) whether the later licensee has good faith? Paragraph 2, Article 19 of the “Interpretation…

Zhang had a car accident on the way to work. The driver Wong paid medical expenses(“MEs”), lost wages and other relevant losses. Later then, Zhang requested the company to apply for the work-related injury. The company refused, becauset Zhang had obtained compensation from Wong. Then a dispute arose. It is not rare that a work-related injury would be concurrence with a third-party infringement. Article 30 to 45 of the “Regulation on Work-related Injury Insurance” stipulate the benefits of the work-related injury insurance. Article 16 of the “Tort Law” prescribes the compensation categories on a third-party infringement. There are many items…

Zhao was the dormant shareholder of Company A, he has made the capital contribution, and attended many shareholders’ meetings. Due to the dispute on the dividends pay-out, recently, he filed a lawsuit on the recognition of shareholder, in which he required the court to order Company A to recognize his identity as a shareholder, and go through the registration formalities. In the hearing, Company A and its 2 registered shareholders admitted Zhao was the shareholder, but refused to go through the registration formalities. They defended that the 2 shareholders refused Zhao’s request, according to the relevant law, the court should…