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Over the years, the Chinese enterprises used to be the licensee under a technology licensing contract (“TLC”), this is why the Chinese laws and regulations have stipulated provisions which are more restrictive to licenser under TLC, especially many prohibitive/restrictive provisions on the restrictive terms in TLC. For the licensers, on the one hand, they want to obtain economic benefits by licensing technology, on the other hand, they want to restrict the usage and improvement of the foresaid technology, control the sale of the products produced with the said technology and etc., so the legality and practicality are the two key…

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…

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…

“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…

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…

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.…