Mineral Perspective | Heavy! The State Administration of Mine Safety issued the Measures for the Report, Investigation and Handling of Mine Production Safety Accidents.

On January 17, 2023, the 39th executive meeting of the State Administration of Mine Safety Supervision in 2022 deliberated and approved the measures for reporting, investigation and handling of Mine production Safety Accidents (hereinafter referred to as the "measures"), and issued them to the mine safety supervision departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang production and Construction Corps, provincial bureaus of the State Administration of Mine Safety Supervision, and relevant central enterprises. 1. [scope of application]] In order to regulate the reporting, investigation and handling of mine production safety accidents, and to prevent and contain mine production safety accidents, these measures are formulated in accordance with the the People's Republic of China Safety Production Law, the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, and the Regulations on Coal Mine Safety Supervision. These Measures shall apply to the reporting, investigation and handling of mine production safety accidents. 2. [concept of mine production safety accident]] Mine production safety accidents refer to the ground production system directly related to mine production and belonging to the mine, including wellhead and below areas, open-pit mines and industrial squares, as well as affiliated tailings ponds, dump sites, washing plants, gangue hills, gas pumping stations and other places, production safety accidents that cause personal casualties or direct economic losses in production and operation activities. 3. accident grade standard] According to the casualties or direct economic losses caused by the accident, the accident is divided into the following levels: (I) particularly serious accident refers to an accident that causes more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or direct economic losses of more than 0.1 billion yuan; (II) major accident refers to an accident that causes 10 to 30 deaths, or 50 to 100 serious injuries, or direct economic losses of 50 million yuan to 0.1 billion yuan; Major (III) accidents refer to accidents that cause 3 to 10 deaths, or 10 to 50 serious injuries, or direct economic losses of 10 million yuan to 50 million yuan; (IV) general accidents refer to accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of 1 million yuan to 10 million yuan. The term "above" in this article includes this number, and the term "below" does not include this number. The accident level shall be determined according to the highest level among the number of deaths, serious injuries and direct economic losses. Where the accident level is determined by the number of serious injuries, the number of serious injuries and the number of deaths shall be counted at the same time. 4. [Identification of accident personnel and economic losses]] 1, personnel identification. The identification of the person who died in the accident shall be determined on the basis of the certification materials issued by the public security organ or the medical institution with Grade II, Grade A or above qualification, and the identification of the seriously injured person shall be determined on the basis of the certification materials issued by the qualified medical institution. 2, economic loss determination. The accident unit shall count the direct economic losses, and the mine safety supervision and supervision department responsible for leading the accident investigation shall determine it according to the statistical results provided by the local people's government or the accident unit that organizes or participates in the accident rescue and compensation work. Statistical results should be dated. The direct economic losses caused by the accident include: Expenses incurred after the (I) of personal injury or death, including medical expenses, nursing expenses, funeral and pension expenses, subsidies and relief expenses, and off-work wages; (II) aftercare expenses, including transactional expenses for handling accidents, on-site rescue expenses, on-site cleaning expenses and accident compensation expenses; Loss value of (III) property, including loss value of fixed assets and loss value of current assets. 3. Change adjustment. If the number of casualties caused by the accident changes within 30 days from the date of the accident, the accident level shall be re-determined according to the changed number of casualties. The missing persons caused by the accident shall be counted according to the dead persons 30 days after the date of the accident, and the accident grade shall be re-determined. If the emergency rescue time exceeds 30 days, the number of casualties and direct economic losses shall be re-determined within 7 days after the end of the emergency rescue. If the re-approved casualty and direct economic loss are inconsistent with the original report, the accident level shall be determined according to the changed casualty and direct economic loss. 5. [Time requirement for submission of accident report]] 1. After an accident (including a dangerous accident) occurs in a mine, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the mine. 2. After receiving the report, the person in charge of the mine shall, within one hour, report to the mine safety supervision department of the people's government at or above the county level where the accident occurred, and at the same time report to the provincial bureau of the State Administration of Mine Safety Supervision. In the event of a major accident or above, it may be reported directly to the mine safety supervision department of the provincial people's government and the provincial bureau of the State Mine Safety Supervision Bureau. 3. The mine safety supervision department of the local people's government at or above the county level shall report the accident report level by level after receiving the accident report, and the reporting time at each level shall not exceed 1 hour. Among them, after receiving a report of a major or above-level accident, it shall be reported to the mine safety supervision department of the provincial people's government and the provincial bureau of the State Mine Safety Supervision Bureau within 1 hour; after receiving a report of a major or above-level accident, it shall be reported to the provincial The mine safety supervision department of the people's government and the provincial bureau of the State Mine Safety Supervision Bureau can immediately report to the State Mine Safety Supervision Bureau. 4. After receiving the accident report, the provincial bureau of the State Administration of Mine Safety Supervision shall fill in the accident information within 48 hours of the accident investigation subsystem of the mine safety production integrated information system. 6. [Report accident content]] (I) accident unit overview. It mainly includes the full name of the unit, the form of ownership and affiliation, production capacity, production status, licenses, etc; (II) the time and place of the accident and the situation of the accident site; (III) accident categories. Coal mine accident categories are divided into roof, rock burst, gas, coal dust, mechanical and electrical, transportation, blasting, water damage, fire, and others. Non-coal mine accidents are divided into object attack, vehicle injury, mechanical injury, lifting injury, electric shock, drowning, burning, fire, falling from high places, collapse, roof falling, flooding, blasting, gunpowder explosion, poisoning and suffocation, dam break and others; Brief (IV) of the accident, the number of people entering the well, the number of people safely lifted into the well, the number of casualties, the number of people at risk, the number of people missing and the preliminary estimated direct economic losses; (V) the measures already taken; (VI) other information that should be reported. The contents of the initial report that have not been reported due to the unclear situation shall be renewed in a timely manner after the situation is clear. After the accident report, if there is a new situation (including the progress of accident rescue and rescue), the unit responsible for the accident report shall timely make up or renew the report. Among them, if the number of casualties in the accident changes, it shall make up or renew the report within 24 hours after the change. Accident reports shall be timely, accurate and complete, and no unit or individual may conceal, falsely report or late report. 7. [write-off of accident report]] If a mine causes the death of employees due to natural disasters or suspected of causing illness in the production process, or causes casualties due to illegal mining, it shall be reported in accordance with the production safety accident reporting procedures. After investigation and confirmation by the mine safety supervision and supervision department responsible for leading the investigation or appraisal by the relevant department of the people's government of the place where the accident occurred, if there is one of the following circumstances, the mine safety supervision and supervision department shall put forward a verification proposal and write off in accordance with the prescribed procedures. (I) directly caused by unforeseeable or irresistible natural disasters when the design risk resistance standard is exceeded, the project site is reasonable, and safety precautions and emergency rescue measures are in place; After investigation by the public security organs, the (II) concluded that the cause of the accident was directly or indirectly caused by intentional acts such as sabotage, terrorist acts, poisoning, arson, theft, suicide, etc; (III) mine employees in the production process or in the post, sudden illness (not suffering from external energy accidental release caused by the body trauma) caused by death. 8. [Accident Site Disposal Requirements]] 1. After receiving the accident report, the local people's government and relevant departments shall immediately start the emergency plan and organize the on-site emergency response work. 2. After receiving the accident report, the mine safety supervision and supervision department shall send personnel to the scene of the accident immediately according to the accident level and relevant regulations to assist the relevant local people's government in emergency response. 3. Relevant units and personnel such as mines and rescue teams shall properly protect the scene of the accident and relevant evidence. No unit or individual may damage the scene of the accident or destroy the evidence. If it is necessary to change the situation at the scene of the accident due to emergency rescue, the on-site rescue headquarters shall draw a sketch of the scene and make written records, and properly preserve important traces and material evidence at the scene. After the completion of the emergency rescue, the on-site emergency rescue headquarters shall submit the emergency rescue report and relevant drawings, records and other information to the accident investigation team. 4. The mine shall cooperate with relevant departments to collect and fix relevant evidence including audio-visual, monitoring and control data in a timely manner. Relevant evidence collected by relevant departments shall be submitted to the accident investigation team. 9. [accident investigation adopts graded investigation]] 1. The mine safety supervision and supervision department shall promptly submit it to the people's government at or above the county level for verification after receiving the report information of the mine concealment or false report of the accident involving the death of the person. If the verification is true, it shall be reported in accordance with the prescribed procedures and the accident investigation shall be carried out in accordance with the relevant provisions of these Measures. 2. The investigation and handling of accidents shall adhere to the principles of scientific rigor, law and regulations, seeking truth from facts, and paying attention to actual results, so that the cause of the accident is not found out, the responsible personnel are not dealt with, the rectification measures are not implemented, and the relevant personnel are not educated. 3. Accidents shall be investigated according to grades. (1) Major and below grade coal mine accidents shall be led by the provincial bureau of the State Administration of Mine Safety Supervision to organize the investigation. (2) Major, large, and general non-coal mine accidents shall be directly organized by the provincial people's government, the municipal people's government divided into districts, and the county-level people's government where the accident occurred, and the accident investigation team may also be authorized or entrusted Relevant departments organize accident investigation teams to conduct investigations. (3) For general accidents that do not cause death, the people's government at the county level or the provincial bureau of the State Administration of Mine Safety Supervision may entrust the accident occurrence unit or relevant departments to organize an accident investigation team to conduct investigation. (4) The State Administration of Mine Safety Supervision may, when it deems it necessary, investigate the coal mine accidents investigated by the provincial bureaus of the State Administration of Mine Safety Supervision. The people's government at a higher level may, when it deems it necessary, investigate the non-coal mine accidents that the people's government at a lower level is responsible for investigation. If the accident grade changes due to the change of the number of casualties, it should be investigated by the people's government at a higher level or the mine safety supervision institution in accordance with these measures, the people's government at a higher level or the mine safety supervision institution may reorganize the accident investigation team to investigate. (5) For major coal mine accidents at or below the level, the provincial bureaus of the State Administration of Mine Safety Supervision, relevant local people's governments, coal mine safety supervision departments, coal industry management departments, other relevant departments responsible for the supervision and management of coal mine safety production, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs with jurisdiction to intervene. (6) For major accidents in non-coal mines, the provincial people's government and its emergency management department, relevant departments responsible for the supervision and management of safety production in non-coal mines, public security organs, and trade union organizations shall send personnel to form an accident investigation team, and invite the provincial level Supervisory agency intervenes. Provincial bureaus of the State Administration of Mine Safety Supervision participated in the investigation of the accident. (7) For accidents in non-coal mines of larger and lower grades, the relevant local people's governments and their emergency management departments, relevant departments responsible for the supervision and management of production safety in non-coal mines, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs to intervene. The provincial bureaus of the State Administration of Mine Safety Supervision sent personnel to participate in and guide the supervision of the accident investigation. 10. [Regulations on Responsibilities of Accident Investigation Team]] 1. The accident investigation team may employ relevant experts to participate in the investigation. Experts should implement a recusal system. In principle, for major accidents, personnel outside the province (region, city) where the accident occurred should be hired as the leader of the expert group, and the proportion of experts outside the province (region, city) where the accident occurred should not be less than 2/3. 2. The members of the accident investigation team shall be honest and fair, scrupulously perform their duties, be honest and self-disciplined, abide by the discipline of accident investigation, and keep the secrets of accident investigation. 3. The accident investigation team shall perform the following duties: (I) ascertain the basic situation of the accident unit; (II) find out the course, reporting process, cause, category, casualties and direct economic losses of the accident; if the accident is concealed, the process of concealment shall be found out; (III) determine the nature of the accident and the responsibility for the accident; put forward suggestions on handling the units and personnel responsible for the accident; (IV) evaluate the emergency handling work; (V) sum up the lessons of the accident and propose preventive and corrective measures; (VI) submit the accident investigation report within the prescribed time limit. 4. The leader of the investigation team for major and below grade coal mine accidents shall be the person in charge of the mine safety supervision organization responsible for the accident investigation (general coal mine accidents may be the person in charge of the internal department of the mine safety supervision organization), and the leader of the investigation team for major and below grade non-coal mine accidents shall be designated by the local people's government responsible for the accident investigation. The leader of the accident investigation team shall preside over the accident investigation and perform the following duties: (I) organize accident investigation team to carry out work; (II) clarify the responsibilities of each group in the accident investigation team and determine the division of labor among the members of the accident investigation team; (III) coordinate and decide important issues in accident investigation; (IV) put forward the concluding comments on the accident investigation; (V) review the materials of the accident suspected of crime, and approve the transfer of relevant materials or copies to relevant departments for handling. When the members of the accident investigation team cannot reach a consensus on the cause, nature and handling suggestions of the accident, the leader of the accident investigation team has the right to put forward concluding opinions. 5. If it is necessary to carry out technical appraisal on major technical problems and important evidence in the accident investigation, the accident investigation team may entrust a unit with corresponding qualifications to carry out technical appraisal. The unit conducting the technical appraisal shall issue a written technical appraisal conclusion and be responsible for the appraisal conclusion. 6. The accident investigation team shall link up with the criminal judicial organ, and if it is found to be suspected of a crime of production safety, the accident investigation team shall promptly transfer the relevant materials to the criminal judicial organ with jurisdiction for handling in accordance with the law. The accident investigation team shall communicate with the supervisory authority and hand over the relevant information.

2023-02-01

Viewpoint | Intellectual property risk control in procurement

Preamble When the low-end competition is transformed into low-efficiency and low-end homogenization, people gradually realize that relying on knowledge innovation, technological innovation and institutional innovation to obtain high quality and high returns is the inevitable trend of the healthy development of enterprises in the future. On the other hand, knowledge innovation, technological innovation and institutional innovation depend on the standardized intellectual property asset management of enterprises, so as to control import and export risks and control the innovation achievements reasonably and strictly. One of the basic purposes of intellectual property asset management is to provide credible information when disputes occur, but it is difficult to achieve this purpose only by the framework management of intellectual property rights, and fine management is an inevitable requirement to achieve this purpose. This paper briefly describes the scope of intellectual property risk control in the procurement process, in order to attract people's attention to the fine management of intellectual property rights. Common Intellectual Property Risk Control Methods in 1. Procurement 1. Intellectual property security clauses Intellectual property security here does not refer to the subject matter of a security, but stems from article 42 of the United Nations Convention on Contracts for the International Sale of Goods, which stipulates that the goods delivered by the seller must be a third party that cannot raise any rights or claims under industrial or other intellectual property rights. The provision looks more like a promise, which can be an obligation of the seller or a condition for the modification or termination of the contract. 2. Licensing terms of intellectual property rights held by the supplier or obligated to third parties The goods or services supplied by the supplier may involve intellectual property rights that it holds or is obligated to third parties. If not expressly agreed, the buyer's products or services may be involved in disputes in the subsequent implementation. At present, the seller's express license clause is generally agreed in the procurement contract, and the license period and scope of the relevant intellectual property rights are clearly agreed. Problems with 2. traditional framework provisions 1. Single service For example, the main manifestation and content of intellectual property guarantee clauses are the obligations of the seller to the buyer, and the implementation of intellectual property has obvious duality. On the one hand, the traditional framework clauses are difficult to cover the rights and obligations of the buyers and sellers, and are easy to cause disputes in the process of contract performance; on the other hand, the relative ambiguity of the framework clauses cannot clarify the type and list of rights, this makes in-depth information and in-depth cooperation based on intellectual property rights uncertain. 2. Omission of trade secrets The right to trade secrets depends on the standardized and credible management of trade secret assets, and the traditional framework provisions lack the provisions for the right to trade secrets. The omission of trade secrets also means that all parties to the sale and purchase may lack the standardized management of trade secret assets, which makes the relevant trade secrets inappropriate disclosure, and ultimately makes the information that should have become trade secrets lose its trade secret attributes. 3. The loopholes in the framework provisions themselves are large. Although both trademark law and patent law, for example, provide that the buyer can use the legal source rule to defend under certain conditions when an infringement occurs, the legal source defense has relatively strict applicable conditions, and the legal source defense, such as copyright, does not provide for the legal source defense. Even if it can be defended from a legitimate source, the buyer may suffer some losses, some of which may not be claimed against the seller on the basis of traditional framework terms. 4. Relative Ambiguity The relative ambiguity of traditional framework clauses will bring many problems, such as the aforementioned "express license clause", which will enable the buyer to obtain some rights to defend against the seller, but the products or services under the contract may carry intellectual property rights that are obligated to third parties, and one of the obvious characteristics of intellectual property rights is that some intellectual property rights cannot be sub-licensed or can be sub-licensed but lacks sub-licensing agreements or clauses. "Partial rights" means that in some cases, when the infringement occurs, the buyer may not be able to use the contract defense at all, such as the technical scheme formed by the structure of the accessories supplied by the seller in the buyer's products, which may be foreseeable based on the function of the corresponding accessories, or may be provided by the seller exclusively according to the buyer's requirements, there may also be adaptive solutions proposed by buyers and sellers based on given needs, and so on. The dispute over the infringement of intellectual property rights caused by the implementation of the technical scheme may cause a greater dispute on the liability of the buyer and the seller. Refined Management of Intellectual Property Available in 3. Procurement 1. Information Inventory 1) Business Information It includes two aspects of information, one is the supplier's qualification reputation, supplier list, supplier contact information, and qualified supplier list, and the other is procurement plan information, including procurement plan, procurement budget, procurement specifications, procurement quantity, procurement method, interaction information, etc. These two aspects of information for ease of description collectively referred to as procurement information, procurement information belongs to the first-hand information, to meet the three conditions of trade secrets can be used as the object of trade secret protection. The information that is more suitable as a trade secret is in-depth information, which includes the information accumulated through long-term cooperation with the corresponding suppliers, as well as the information deeply integrated through the integration of the accumulated information and procurement information, mainly the supplier evaluation information, such as the supplier's performance ability, reputation, the quality of the supplied products and the agreed quality standards, and the degree of cooperation with the party. Both first-hand information and in-depth information may be used as the object of trade secret protection. In more situations, the first-hand information may be the information that the buyer and the seller have mutual confidentiality obligations, such as the agreed purchase unit price. For the seller, the reason why it is secret is that once it is disclosed, its bargaining space may be reduced; for the buyer, there is also the problem of bargaining space reduction, the difference lies in which party has a higher dominant role in the sale. For example, the seller is a small company and the buyer is a large company, and there is a high probability that the pricing power will be on the side of the large company, that is, the buyer's side. Therefore, the seller may need to supply the buyer at a special preferential price, which is information that the seller is unwilling to disclose and has confidential value. However, for the buyer, it may use the aforementioned special preferential price as a basis and bargaining chip for negotiations with other suppliers, under which the price information is a trade secret for the seller and is expected to be agreed in the procurement contract formed with the buyer. Some of the information in the first-hand information belongs to the buyer's proprietary information, such as procurement plans, procurement budgets, etc., which are of great value to both competitors and potential suppliers, and therefore need to be managed with the help of the buyer's norms to make this information confidential and secret. 2) Patent information Copyright, trademark rights and patent rights are similar, relatively speaking, the type of patent information is relatively more complex, here on the patent information inventory to explain, copyright and trademark rights related information can refer to the inventory of patent information inventory. The first type of information in patent information is information that can be requested directly from suppliers, including a list of patents (patent patent application rights), patent-related license or benefit documents, patent-related burdens (guarantees, securities interests, mortgages, etc.), patented products and services, patent implementation license information, and patent disputes involved. This information can also be collectively referred to as commitment information, such information will also affect the evaluation of the seller's integrity, there is a certain nature of the guarantee. The second type of information in patent information is shallow information, which can be obtained intuitively in a relatively simple way with the help of the first type of information. Generally, the integrity information of ownership can be determined through retrieval and capture according to the first type of information, and the information such as patent list, specific licensed information, inventor group, patent classification number and technical field, invalid patent list and reason that the seller should provide but not provide can be filled in. The third type of information in patent information is quasi-depth information, which is mainly based on, for example, the number of inventors in the inventor group, the change of the inventor based on the chronological order, the number of inventors in each patent, etc. to evaluate the seller's research and development capability, research and development continuity and other evaluation information. The fourth type of information in patent information is depth information, for example, through the analysis of all patents and patent applications of the seller, the evaluation of the seller's technical iteration, etc. There is also a kind of information, the acquisition of which depends on the seller's willingness to cooperate. It mainly involves whether the implementation of patents involved in the sale of products depends on non-free technologies, whether the seller or its affiliated enterprises have more advanced technologies, etc. Although this kind of information can be obtained through patent analysis, it lacks verifiability, and the reference value of this kind of information obtained through analysis is relatively low. 3) Collection of information on the special needs of the buyer The "special needs" are described here by way of example. For example, the purchased object is software, which requires a correct understanding of the nature of the purchased software. The so-called purchase of software is actually not a transfer of ownership of a specific object, but a special license of the software. In other words, when we purchase software, we actually pay a certain license fee for the use of the software. The license will involve the scope of the license. If the buyer purchases a large number of software sets, it is recommended that the buyer sign a separate license contract with the seller when purchasing the software, or draw up license terms in the purchase contract to clarify the scope of the license. If the software needs to be used in an affiliated company, the scope of the license must include the affiliated company. The reason is that the software supplier can capture the usage information of the software through means such as background data and Telnet remote forensics, and then match the authorized customer list. If the corresponding company is not matched in the customer list, the software supplier may initiate infringement charges against the aforementioned affiliated company. Unfortunately, it is limited by the "license scope, the use of affiliated companies has a greater risk of being identified as infringement. Whether the" use "as one of the prerequisites can be evaluated as exhaustion of rights is itself very controversial. Even if it is not finally found to be an infringement or a settlement is made before the court, the loss of time and manpower of the buyer is inevitable. There are similar problems with patents and trademarks, such as a patented technology, which may have more implementation licenses, and each implementation license has, for example, geographical restrictions, at which point the procurement contract for the corresponding patented product requires a special agreement on the exhaustion of rights. 2. Information analysis and verification The content of information analysis has been partially described in the information inventory section above, and some information analysis and verification are further described below: 1) Qualification reputation and performance ability, etc. Qualification reputation and performance ability can be partially determined through the analysis of inventory information, for example, the external wall with composite insulation board, etc. often need to be on-site inspection of the supplier's production capacity in order to relatively accurately determine the seller's performance ability. Again such as asphalt, each batch of asphalt, such as softening point, needle penetration, wax content, ductility, etc. are consistent or basically consistent, used to evaluate product quality and seller reputation. Qualifications and reputation can be evaluated simply through, for example, enterprise search, adjudication document network, and even Baidu search, while in-depth evaluation is a specific evaluation of the seller's behavior during the cooperation period. As mentioned earlier, for example, the ability to perform is often obtained at a greater cost and has the potential value of a trade secret. 2) Comprehensive evaluation of inventory information For example, the supplier list and the degree of matching of the initially identified performance with the procurement plan, budget table, procurement specifications, quantity, delivery time, etc., to evaluate the relative stability and replaceability of suppliers, and the complementarity of suppliers in the list. This will also involve the buyer's trade secrets, unregulated, will also lead to the loss of competitive advantage. 3) Regular assessment and supervision Regular assessment and supervision is the specific verification of the first two information analysis to eliminate inappropriate suppliers. The assessment information obtained can also be used as the object of trade secret protection. The main purpose of regular assessment and supervision is to avoid the risk of information asymmetry, that is, not only to listen to what they say, but also to see how they do, so as to determine the disposal of the relevant suppliers. 4) Information integration Through the above three items, the basic data and disposal method (A) required for a smaller range of PDCA(P-plan, D-execution, C- inspection, A- processing) cycle can be met, but it is not enough. For example, the evaluation methods required in the inspection process, such as the quality standards of products supplied by different suppliers, the return and exchange process, etc., often need to be matched with the basic data, on the one hand, the basic data can be changed positively through communication with suppliers, and on the other hand, quality standards can be adjusted, for example. Similarly, quality standards are directly related to purchase plans, budget tables, etc. As buyers cannot take it for granted to use the price of, for example, 50 yuan to purchase goods in 100 yuan, adjusting quality standards is sometimes the right choice. Therefore, information integration is more represented here as information matching. Information integration will produce intellectual property conflicts more often, because products loaded with intellectual property rights often have higher unit prices, but they may not be replaced by risk-free products. Information integration can include more in-depth information analysis, such as patent infringement risk analysis, substitutability analysis, etc. As the buyer may expect to use a lower purchase unit price to obtain a product of comparable quality, there may be a risk that the subjective element of "do not know and should not know" in the "legitimate source" defense, the outrageous substitute product with a low unit price can directly deny the goodwill of the accused infringing party, and it is difficult to obtain support in the legitimate source defense, there may even be punitive damages for obvious "bad faith. Also because the buyer knew or should have known that the product purchased was an infringing product or a counterfeit product, the alleged infringer, as the buyer, would not be able to claim the full loss against the seller because of the existence of an intellectual property security clause or agreement with the seller, but would be more likely to be at risk. Therefore, the integration or matching of information to give the party an advantageous position can also effectively avoid the risk of infringement claims or damages. 3. System The system is a necessary condition for the standardized management of intellectual property rights, but also a necessary condition for the fine management of intellectual property rights, for the buyer to trade secrets, for example, should at least establish the procurement information confidentiality management process, procurement information confidentiality management system, as well as the appropriate procurement information confidentiality agreement. As a component of fine management, for example, the procurement information confidentiality management process at least covers the procurement plan confidentiality process, procurement price confidentiality process, supplier information confidentiality process, etc. Conclusion In view of the fine management of intellectual property rights and the management object should have a good adaptability, through the PDCA cycle of continuous correction, therefore, the specific way of fine management of intellectual property rights should be adapted to the specific situation of enterprises, need to fully investigate the relevant enterprises, and need a relatively long time of continuous adjustment to operate reliably. This paper is an exemplary description of the enterprise intellectual property standard management system, if the intellectual property litigation is the terminal of the operation of the intellectual property, then the enterprise intellectual property standard management system is the background of the operation of the intellectual property, a single fine.

2023-01-30

Viewpoint... "Construction enterprises" in the field of construction engineering can not know the risk (I) of administrative punishment-enterprise qualification.

In order to regulate the behavior of various subjects in the field of construction engineering in Shandong Province, the Department of Housing and Urban-Rural Development of Shandong Province issued the ''Administrative Penalty Discretion Bench'' of the Department of Housing and Urban-Rural Development of Shandong Province., Within the scope of the types and ranges of administrative penalties stipulated by laws and regulations, depending on the severity of the violations and the impact of the consequences, reasonably divide different levels of illegal situations, determine specific administrative penalty standards. As a "construction enterprise" engaged in production and business activities in the field of construction engineering, it is necessary to pay special attention to avoid the risk of administrative penalties in the industry, especially in the qualification of construction enterprises. 1 To obtain the qualification of construction enterprise by deception, bribery and other improper means. 2 The construction unit exceeds the qualification level of the unit to undertake the project. 3 The construction unit transfers, lends the qualification certificate or otherwise allows others to contract the project in the name of the enterprise. 4 The construction unit subcontracts or illegally subcontracts the contracted project. Five Construction Enterprises Transfer Safety Production License

2023-01-30

Honor | Nineteen lawyers from Zhongcheng Qingtai Jinan Institute were rated as the first batch of professional lawyers in Shandong Province.

In order to further strengthen the construction of the lawyer team, establish and improve the professional level evaluation system and evaluation mechanism of lawyers, and evaluate the professional level of lawyers scientifically, objectively and fairly, the Shandong Lawyers Association, in accordance with the relevant arrangements of the Ministry of Justice and the Provincial Department of Justice, The evaluation of the professional level of lawyers has been carried out in nine professional fields, including criminal law, company law, financial securities insurance, construction and real estate, intellectual property, labor law, foreign legal services, and administrative law. Nineteen lawyers from Zhongcheng Qingtai (Jinan) Law Firm were assessed as professional lawyers in six fields by the Professional Lawyers Review Committee in accordance with standards and procedures. Among them, lawyers Meng Fanhu, Zhou Jiakui, Jia Xincui, Tian Yuanying, Cui Shouxu and Wang Zhi were assessed as criminal professional lawyers, lawyers Li Ruzhi, Yao Huming, Li Heng and Zhao Kaiyong were assessed as professional lawyers in the field of construction and real estate, lawyer Yu Peng was assessed as professional lawyers in the field of intellectual property, and lawyers Yao Huming and Shi Guangbo were assessed as professional lawyers in the field of administrative law, lawyers Tang Xiangdong, Hu Youbin, Yin Yanbo and Xu Fei were assessed as professional lawyers in the field of financial securities and insurance, while lawyers Li Ruzhi, Hu Youbin, Ma Shibin, Wu Haiyang, Yin Yanbo and Tian Qingsong were assessed as professional lawyers in the field of public justice. The establishment of the evaluation system and evaluation mechanism of lawyers' professional level is not only an important task to promote the comprehensive rule of law and implement the central government's deployment of deepening the reform of the lawyer system, but also the development trend and inevitable requirement of the lawyer industry. Zhongcheng Qingtai Institute will take this professional level assessment as an opportunity to continue to give full play to its professional advantages, constantly improve its professional ability and service level, provide customers with high-quality and efficient legal services, and contribute to the development of the lawyer industry and the construction of a society ruled by law.

2023-01-30

Honor | Nineteen lawyers from Zhongcheng Qingtai Jinan Institute were rated as the first batch of professional lawyers in Shandong Province.

In order to further strengthen the construction of the lawyer team, establish and improve the professional level evaluation system and evaluation mechanism of lawyers, and evaluate the professional level of lawyers scientifically, objectively and fairly, the Shandong Lawyers Association, in accordance with the relevant arrangements of the Ministry of Justice and the Provincial Department of Justice, The evaluation of the professional level of lawyers has been carried out in nine professional fields, including criminal law, company law, financial securities insurance, construction and real estate, intellectual property, labor law, foreign legal services, and administrative law. Nineteen lawyers from Zhongcheng Qingtai (Jinan) Law Firm were assessed as professional lawyers in six fields by the Professional Lawyers Review Committee in accordance with standards and procedures. Among them, Mengfan Lake, Zhou

2023-01-30

What should today's lawyers learn from Director Wang Guangren? -- To Commemorate the Fifth Anniversary of Director Wang Guangren's Death

Today, January 29, 2023, is the fifth anniversary of the death of Director Guangren. Five years is a long time, and for the lawyers who have joined the company in recent years, Director Guangren is almost a legend of Zhongcheng Qingtai. As long as we have common experience, we can think relatively easily and rationally. What has Director Guangren left for Zhongcheng Qingtai and the legal profession. Five years is very short, as short as yesterday (January 28) when Director Fanhu said that tomorrow is a special day, tears can suddenly infiltrate my eyes. As short as the moment of the director's death, Zhongcheng Qingtai's grief and hesitation and concerted efforts were especially in front of him. Chinese "Chong San

2023-01-29

What should today's lawyers learn from Director Wang Guangren? -- To Commemorate the Fifth Anniversary of Director Wang Guangren's Death

Today, January 29, 2023, is the fifth anniversary of the death of Director Guangren. Five years is a long time, and for the lawyers who have joined the company in recent years, Director Guangren is almost a legend of Zhongcheng Qingtai. As long as we have common experience, we can think relatively easily and rationally. What has Director Guangren left for Zhongcheng Qingtai and the legal profession. Five years is very short, as short as yesterday (January 28) when Director Fanhu said that tomorrow is a special day, tears can suddenly infiltrate my eyes. As short as the moment of the director's death, Zhongcheng Qingtai's grief and hesitation and concerted efforts were especially in front of him. The Chinese "respect three five". When the ancients died, future generations would have to "worry about" for three years. On the third anniversary of the death of the director, all partners of Zhongcheng Qingtai stood in front of Director Guangren's grave and comforted the director with development. That morning, I wrote the article "Guangren Spirit-Zhongcheng Qingtai's Inheritance Code. On the eve of the Spring Festival this year, on the way back from visiting Aunt Huang, I have been thinking about what today's lawyers should learn from Director Guangren, and what is most lacking in our legal profession? Today, five years after the death of the director, I wrote this article to commemorate the fifth anniversary of the death of Director Guangren, and also shared it with the law firm's partners and every lawyer. We should learn from Director Guangren's broad character of "supporting and cultivating young people" and continue the industry's inheritance. The lawyer industry is a person-to-person industry that cannot be passed on by blood and is far away from affection. The vast majority of lawyers maximize the value of their limited time and devote their energy to each case. They rarely consider the growth and development of young people. Young lawyers fend for themselves and grow savagely, becoming a common industry ecology. However, Director Guangren gave us a different feeling. For quite a long time, most of the young people who took the legal examination in Zhongcheng Qingtai could remember Director Guangren's "legal examination holiday" full of human touch. During the legal examination, the services and companionship specially arranged by the law firm, and the celebration banquet arranged by the director after the legal examination passed all warmed everyone's hearts. Director Guangren keeps our generation in mind. When he is with the director, he always talks about the names of lawyers one by one, remembering the income of each lawyer, the business of each lawyer, and the growth of each lawyer. Call each lawyer to the office to talk, drive each lawyer forward, and strive to create a development platform for each lawyer. How many lawyers' wedding speeches are carefully polished and repeatedly revised and recited by Director Guangren. The lawyer's family is difficult and his life is unfortunate. He also takes care of it and tries to relieve every lawyer's worries. Director Guangren has the ability to train young people, has the mind to train young people, and is good at training young people. This is his most precious mind and pattern, and it should also be the foundation for the lawyer industry to unite people and realize inheritance. We should learn from Director Guang Ren's "impartial and selfless" mind and enhance the credibility of management. In the legal profession, Director Hirohito is known for his strict management, stormy critics and relentless. In our memory, there are few people who have not been criticized by Director Guangren, and even such virtuous people as Director Han Honggang are often urged by Director Guangren. Some former Zhongcheng Qingtai lawyers have never complained about the director's criticism even after leaving the law firm for many years. I also clearly remember that because I was busy with my business and delayed my work plan, Director Guang Ren reprimanded and sarcastic me in the corridor of Shun Tai Square, so I pulled him into the office, let him criticize quietly, and asked him to leave some details of his feelings. Now that I think about it, the reason why Director Guangren criticizes everyone without mercy is entirely because he is selfless and has no personal interest considerations ". As a manager, not for individuals, not for small groups, not for small circles, fair and decent, is the core quality and responsibility of establishing management credibility. We should learn from Director Guang Ren's ideal and belief that "we will not fail after being honed" and be persistent and firm in doing things. Director Guangren is an idealist. Director Guangren has been with us from the start-up of No. 11 Chaoshan Street in 1989, to the advancement of Gonghe Street and Intermediate Court Complex Building, to the leading development of Donglaishun in the provincial military region, to the low ebb of CCB Fangjin Building, to the rise and restructuring of Taishan Building at the head of the 7th Road, to the high-tech test of Qilu Software Park, to the brilliant start-up buildings 11 and 1 Shun Tai Square. Accompanied by continuous development, there are also setbacks, sharpening and downturn. However, none of these can change Director Guangren's belief in pursuing development. As long as Director Guangren decides, he will always do everything possible to realize it. I remember that he had communicated with the leaders over and over again for the restructuring of the law firm, and had long talks with lawyers over and over again. I remember that he went to various cities again and again to form a group, form an alliance and merge with Zhongcheng Qingtai. I remember that he persuaded his partners to buy office space. All this has laid the foundation for today's development layout of Zhongcheng Qingtai and created the development hardware for us to live in the city CBD and create a first-class law firm office environment. In doing things, we must be as persistent and firm as Director Guangren, never slack off, and never give up until we achieve our goals. This is the most powerful belief support for our sustainable development. Each of us is an important part of the law firm's century-old foundation. For the sake of glory and dreams, we must not be afraid of wind and rain, and move forward hand in hand. We should learn from Director Guangren's work attitude of "keeping improving" and provide excellent service with ingenuity. I believe that every lawyer who has done business with Director Guangren has to go through endless searching and sorting, countless discussions, and unlimited document revision until the last moment before submission. I once remembered that due to the arbitration dispute between Jinan Beer and coastal property joint venture equity, the director hotel and I closed the door for two weeks, studying thousands of pages of legal and financial documents with all our might, and even forcing the accountant to collapse due to financial problems. I once remembered that after the eye crystal operation, Director Guangren lay prone on the bed of Beijing Tongren Hospital, studying the court documents with me and discussing every possible details of the court hearing. It is that persistence that ensures that the trial of the case is handled calmly, with ease, and the effect is remarkable. Director Guangren's practice attitude tells us that lawyers are legal teachers and professional teachers, and their core competitiveness lies in professional and accurate services and service products. Only by striving for perfection and perfection can we "hold craftsmanship and do excellent cases" and build the core competitiveness of lawyers. In this article, we commemorate the fifth anniversary of the death of Director Hirohito, Always miss the beloved director of Hirohito! I wish the lawyer industry to flourish and the country's rule of law to prosper!

2023-01-29

Dynamic | Zhongcheng Qingtai Jinan Institute 2023 Spring Festival Celebration and Work Mobilization Meeting Held Ceremoniously

Jade rabbit auspicious, start good luck. On January 28, 2023, the first working day of the Lunar New Year of the Rabbit, Zhongcheng Qingtai Jinan Institute's Spring Festival worship and work mobilization meeting was held ceremoniously. All colleagues of the law firm gathered in China Resources Building to greet each other with New Year greetings, join hands and start a new journey. The meeting was presided over by Shi Guangbo, deputy director of the Administrative Committee. Geng Guoyu, party secretary and director of Zhongcheng Qingtai Jinan Institute, together with members of the Party Committee and Strategic Development Committee of the Law Firm, Du Wentang, director of the Administrative Committee, Yao Huming, chairman of the Board of Supervisors, Zhou Jiyong, chairman of the partner meeting, vice chairman of the business departments and centers, came to the stage to express their vivid and sincere wishes. In 2023, Zhongcheng Qingtai (Jinan) Law Firm will continue to innovate and forge ahead in market expansion, team building, business training, professional development, social welfare, etc., and wish all colleagues in the law firm a new year. "Rabbit", the future is promising!

2023-01-28

Dynamic | Shandong Variety Channel to Zhongcheng Qingtai Law Firm to carry out publicity reports

Recently, the variety channel of Shandong Radio and Television Station has carried out a series of special reports on Zhongcheng Qingtai Law Firm. During the two sessions and the Spring Festival, Zhongcheng Qingtai documentary "Zhongcheng Qingtai · Yong Li Chao Tou Zhu Xin Xin" was broadcast on Shandong Radio and Television Variety Channel. The documentary fully presented the development process, cultural heritage and the ingenuity spirit of Zhongcheng Qingtai lawyers to strive for perfection and perfection, and achieved good social response. During the Spring Festival, from the first day to the seventh day of the Lunar New Year, the New Year greetings videos of Zhongcheng Qingtai Law Firm and 21 branch lawyers across the country were broadcast on the Shandong Radio and Television Variety Channel. All lawyers of Zhongcheng Qingtai extended sincere greetings to the people of the province Holiday greetings. All colleagues of Zhongcheng Qingtai law firm will always keep in mind the people's entrustment, constantly optimize the quality and level of legal services, practice the original mission with practical actions, and be a good lawyer satisfied by the party and the people.

2023-01-28

Dynamic | Zhongcheng Qingtai Jinan Institute 2023 Spring Festival Celebration and Work Mobilization Meeting Held Ceremoniously

Jade rabbit auspicious, start good luck. On January 28, 2023, the first working day of the Lunar New Year of the Rabbit, Zhongcheng Qingtai Jinan Institute's Spring Festival worship and work mobilization meeting was held ceremoniously. All colleagues of the law firm gathered in China Resources Building to greet each other with New Year greetings, join hands and start a new journey. The meeting was presided over by Shi Guangbo, deputy director of the Administrative Committee. Geng Guoyu, party secretary and director of Zhongcheng Qingtai Jinan Institute, together with members of the Party Committee and Strategic Development Committee of the Law Firm, Du Wentang, director of the Administrative Committee, Yao Huming, chairman of the Board of Supervisors, Zhou Jiyong, chairman of the partner meeting, vice chairman of the business departments and centers, came to the stage to express their vivid and sincere wishes. In 2023, Zhongcheng Qingtai (Jinan) Law Firm will continue to innovate and forge ahead in market expansion, team building, business training, professional development, social welfare, etc., and wish all colleagues in the law firm a new year. "Rabbit", the future is promising!

2023-01-28