All posts by legal

Embedded software refers to the computer software, written to control machines or devices on site or remotely by embedding software, which shall be an invisible component of machines or devices, and shall be delivered with them. In practice, where the price of a machine is pretty high, both parties would adopt an installment payment. It is not abnormal for the buyer to pay in arrears after the seller has delivered the machine. In view of the time and cost for arbitration or lawsuit, and the execution difficulties occasionally, some sellers try to use embedded software for dunning, which says that…

Company A and Mr. Yu had made a non-disclosure agreement, in which stipulated a non-competition clause. After resigned, Yu joined Company B, a competitor of A. A deemed that Yu had violated the non-competition clause, and disclosed its trade secret to B, which helped B to enhance its competitive advantage. Thus, A brought a lawsuit against Yu on unfair competition, due to Yu’s breach of non-competition clause. However, the court dismissed A’s claim. Why did the court dismiss A’s claim? In this case, Yu’s two actions belong to two different legal relations. Yu has breached the non-competition clause by joined…

Recently, the writer has dealt with an ownership dispute related to a patent. A resigned from the original employer, established a new company dealing with the similar business as the original employer, and took the role as the legal representative of this new company. Although he had never participated in R&D, when the new company applied for patent, he named himself as the inventor. Unexpectedly, the original employer claimed for the patent right in terms of service invention. Whether the original employer’s claim could be affirmed by the court, it depends. However, the right of authorship of the inventor is…

Mr Lee sent items with a value of 20,000 Yuan by ZTO Express Company (hereinafter referred to as “ZTO”). He wrote the goods name, specifications, quantity on the express waybill, but he did not pay for the insurance. Unfortunately, the items were lost. Lee asked ZTO for compensation with express waybill and invoice of the items, however, ZTO only agreed to compensate part of the loss, and the amount should be calculated as several times of the express fee, in accordance with the “Postal Law” or Delivery Notice. Lee sued to the court, and the court determined that ZTO should…

A and B signed a contract, which stipulated that B should deliver the goods on a certain day before 12:00p.m, and if B failed to perform as agreed, it should pay 5% of the total amount of the contract to A for breaching the contract. However, B delivered the goods on 2:00p.m., A required B to pay 5% of the total amount of the contract for breaching the contract. Dispute raised, A brought the case to the court. Should A’s claim be supported? There are plenty of similar circumstances in various cases, such as, where both parties failed to stipulate…

Lee invited neighbor Wang and Zhang to help him make a move. When moving the mirror, Lee reminded Wang to pack the mirror before move. Wang hated troublesome matters, so he moved the mirror without package. Unfortunately, the mirror hurt Zhang’s arm accidentally. Zhang sued Lee, finally, the court ordered that Lee should compensate Zhang. In this case, whether Lee can ask Wang for recovery? According to “Tort Liability Law” Article 35, where, in a labor relationship formed between individuals, the party providing labor services causes any harm to another person as the result of the labor services, the party…

Recently, Zhejiang Tea Group Co., Ltd., (“ZJ Tea”), the owner of the registered trademark “Shifeng “, files a lawsuit against Hangzhou Shifeng Tea Co., Ltd. (“HZ Tea”). ZJ Tea claims that HZ Tea has used “Shifeng Tea”, “Taste Shifeng” on its online store, printed “Shifeng Longjing” on packaging boxes and bags, and highlighted “Shifeng”, which has infringed ZJ Tea’s registered trademark. HZ Tea counterpleads that its logo is “Shifeng”, and it sells tea; in addition “Shifeng” is the generic name for the tea in respect of origin and quality. Then, using a logo similar to a registered trademark shall be…