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  • 2013-08-17
  • 4 minutes Read
How to Stipulate the Confidential Term?

Mr. Wang (“Wang”) and Company A (“A”) have signed “Confidentiality Agreement”, in which stipulated that Wang shall keep confidential A’s trade secrets, including the experimental data and etc., and the confidential term shall be the term of the employment and 2 years after termination of this employment. 2 years after the termination of this employment, Wang disclosed the experimental data to Company B. By using those data, Company B produced similar products and sold them at a low price, which helped it to occupy the market quickly. A found Wang’s disclosure action, it filed a lawsuit against Wang for the…

  • 2013-08-17
  • 2 minutes Read
Amendment of "Trademark Law" will come into force in May 2014

Amendment of “Trademark Law” is adopted at the 4th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on August 30, 2013, which will come into force in May, 2014. The highlights of Amendment lie in: Clarify the definition of “Trademark Use” Amendment has stipulated the methods and aim of “Trademark Use”, which can manage “Token Use”. In practice, for those trademarks which have not been used for an uninterrupted period of three years, by applying this Article, there would be more trademark removal application, and more application may be supported. List…

  • 2013-07-17
  • 2 minutes Read
The Intellectual Property Tribunal of Shanghai Municipal Higher People’s Court formulated the Guideline for Hearing Disputes Arising from Reward or Compensation to Inventors or Designers of Service Inventions ("Guideline")

Guideline was formulated at the end of June 2013, for reference by courts in Shanghai in hearing relevant cases. The following provisions stipulated in Guideline are very important for enterprises practically: Guideline has stated that the agreement between the unit and the inventor shall be prior to the statutory standard, and the standard listed in the agreement can be lower than the statutory standard. In order to avoid the direct application of statutory standard, enterprises shall add the relevant issues into their rules and regulations, or stipulate in the labor contract. According to “Guide” Article V, Article VI, the court…

  • 2013-07-17
  • 4 minutes Read
Preliminary Injunction in IP Lawsuits

A preliminary injunction (“PI”) in IP lawsuits is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. [1] When China joined WTO, in order to link up the relevant laws and regulations with TRIPS, it has added the relevant provisions on PI in the revised Patent Law, Trademark Law and Copyright Law, with reference to PI system of Britain, USA…

  • 2013-07-17
  • 4 minutes Read
Comparative advertising shall be absolutely prohibited?

“1 Hz is OUT, please do not confuse consumers”,” Full DC is OUT, 10 years old technology is old”. Midea and Gree, 2 air-conditioner companies, were involved in an advertisements’ fight in April 2012, Jiangxi Province. After the advertisements were launched, both parties alleged that the opposite side had violated “Anti-Unfair Competition Law”, and claimed for compensation. After hearing, the court affirmed that they were air-conditioner sellers, so they are competitors; consumers might be confused by these advertisements on the different brands of air-conditioners, and finally the consumers might make a false decision. The court required both parties to stop…

  • 2013-06-17
  • 2 minutes Read
Administrative Measures on Foreign Debt Registration (“Measures”)

Measures has been taken into effect on May 13th 2013, it mainly has clarified and regulated the following aspects: Measures simplify the procedures for registering foreign debt and eliminate several approval requirements stipulated in the previous SAFE regulations. For example, except for registration of foreign debts, the opening of a foreign debt account, foreign exchange settlement of funds, repayment of capital and interests, etc., shall be directly examined and verified by a designated foreign exchange bank. Measures further clarify the management of foreign debts account, usage of capital and conversion of foreign exchange. For example, proceeds of foreign debt borrowed…

  • 2013-06-17
  • 4 minutes Read
The Employment and Management of Retirees

In accordance with relevant laws and regulations, retirees mean the person whom terminates the labor contract with the employer when he/she meets the criteria of age, type of work the work ability and the endowment insurance. Nowadays, some High-tech retirees are rehired by the enterprises in the relevant fields. The relationship between retirees and the enterprises should be deemed as the service relation between equal entities (“Ministry of Labor on Several Issues Related to Implementation of Labor Contract”,” Reply Letter of the General Office of the Ministry of Labor on Answering to the Request for Several Issues Related to Implementation…

  • 2013-06-17
  • 4 minutes Read
Can a borrower claim for the compensation of commercial third-party liability insurance for motor vehicles

In 2011, Mr. Zheng brought commercial third-party liability insurance for motor vehicles (“CTLI”) for his car. One day, Mr. Zheng lent the car to his friend Mr. Pan, unfortunately, a traffic accident happened, Mr. Pan was identified with full responsibility. The victim appealed to the court against both Mr. Zheng and Mr. Pan, the court made the decision that Mr. Pan should undertake the compensation of 130,000 Yuan, and Mr. Zheng was not liable. As per the court decision, Mr. Zheng and Mr. Pan claimed compensation from the insurance company. However, the insurance company said that because the insured Mr.…

  • 2013-05-17
  • 2 minutes Read
Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2013 Revision)(“2013 Catalogue”)

2013 Catalogue will be taken into force on 10th June, 2013. Compared with Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2008 Revision), 2013 Catalogue has new features as following: To expand the scope of industries under the encouraged category. 2013 Catalogue has listed 500 industries, in which 173 kinds are newly added. For example, in the manufacture industry, for Anhui province, it has added distributed control system for important technical equipment such as complete production lines of metallurgical equipment. To optimize the direction of industries. It has added many items in the service industry, e.g. for…

  • 2013-05-17
  • 2 minutes Read
Opinions of the Ministry of Human Resources and Social Security on Certain Issues Concerning the Implementation of the Regulations on Work-related Injury Insurances (”Opinions”)

Opinions has been released on 25th April, 2013, it has further explained the issues regarding the implementation of Regulations on Work-related Injury Insurances in the following aspects: To further define the definition of “work-related travel”, “employee’s non-primary liability”, “intentional crime”, “”intoxication or drug abuse”. For example, “work-related travel” shall be considered whether such travel of the employee is related to the work assigned by the employer and whether such accident and injury the employee suffers from is attributable to the work. To further regulate the issues related to occupational disease, such as the procedure and period of diagnose, standards of…