11
2024-12
In judicial practice, there have been differing views among various levels of people's courts, including the Supreme Court, regarding the validity of agreed jurisdiction that has no actual connection to the dispute. In summary, the prevailing view recognizes the autonomy of the parties' intentions and deems the agreed jurisdiction valid. However, considering the origins of governance and the normal order of civil litigation, it is instead determined that the agreed jurisdiction in internet finance-related cases is invalid.
2024-12-11
11
2024-12
Perspective | What to do if your parking space is occupied?
With the acceleration of urbanization, the number of private cars is increasing, and parking space resources are becoming increasingly tight. The phenomenon of private parking spaces being occupied is occurring frequently. This article will delve into the legal measures that homeowners can take when their parking spaces are occupied, including negotiating and communicating with the occupiers, seeking assistance from property management, and utilizing legal tools. It will also provide a detailed analysis in conjunction with relevant legal provisions, aiming to offer useful references and guidance for homeowners to protect their legal rights and promote the standardization and legalization of parking space usage.
2024-12-11
11
2024-12
On November 28, 2024, the European Commission announced a fine of 5.7 million euros against the French fashion brand Pierre Cardin and its largest licensee Ahlers. This decision marks an important step for the EU in maintaining market competition and protecting consumer rights. This article will analyze the background, legal basis, and impact of this case from the perspective of antitrust law. It aims to provide useful insights and warnings for Chinese enterprises in their internationalization process, helping them better understand and comply with international antitrust regulations to avoid similar legal risks.
2024-12-11
09
2024-12
The pre-litigation procedure is an important component of the administrative public interest litigation system, characterized by its necessity as a prerequisite and its independence. As the administrative public interest litigation system has developed, the high settlement rate of pre-litigation procedures has played a significant role in protecting damaged public interests. However, during the operation of the procedure, issues such as the excessively high evidentiary standards for the investigation and verification powers of the procuratorial organs and the overly specific requirements for the content of pre-litigation procuratorial suggestions have become stumbling blocks to the development of the pre-litigation procedure. The relatively simple legislative norms for the pre-litigation procedure can no longer meet the needs of its normalization in judicial practice. Therefore, it is urgent to establish detailed and standardized regulations for various issues related to the pre-litigation procedure.
2024-12-09
09
2024-12
Article 64 of the Trademark Law stipulates that if the holder of a registered trademark requests compensation and the accused infringer defends by claiming that the holder has not used the registered trademark, the people's court may require the holder to provide evidence of actual use of the registered trademark within the previous three years. If the holder of the registered trademark cannot prove that they have actually used the registered trademark within the previous three years, nor can they prove that they have suffered other losses due to the infringement, the accused infringer shall not bear the liability for compensation.
2024-12-09
04
2024-12
父母的出资在子女婚姻幸福时并不重要，但在子女离婚时，出资的性质对父母保护自身权益至关重要。一般情况下，父母出资且登记为权利人的，父母可在离婚诉讼中主张确认财产份额；而父母出资但未登记为权利人，父母可依据民间借贷关系要求返还购房款，法院通常倾向于认定为借贷关系。
2024-12-04
04
2024-12
Perspective | "Design Space Theory" in Design Patent Cases
The concept of "design space" is crucial in the field of appearance design, as it reflects the limitations and possibilities faced by designers when creating the appearance of new products. The size of the design space directly affects the degree of innovation and the scope of protection for appearance design patents, as well as the criteria for determining infringement. The theory of design space plays a central role in the protection of appearance design patents, involving how to define the scope of protection for a design patent and the key concepts for determining whether infringement has occurred.
2024-12-04
04
2024-12
Perspective | Legal Research on the Definition and Scope of Application of False Advertising
False advertising refers to the behavior of advertisers, advertising operators, or publishers who publish advertisements containing false or misleading content to deceive or mislead consumers, thereby achieving the purpose of promoting goods or services. False advertising typically has misleading, deceptive, and hidden characteristics, often misleading consumers into making decisions that do not align with their own wishes or interests by exaggerating product performance, concealing important information, or fabricating facts. This behavior not only harms the legitimate rights and interests of consumers but also undermines the fair competition order in the market, and therefore must be legally punished and addressed.
2024-12-04
04
2024-12
On November 29, the "Innovative Collaboration and Shared Services for Building a Strong Province - 2024 Shandong Province Social Organization Service High-Quality Development Experience Exchange and Excellent Achievement Exhibition" was held at the Inspur Technology Park. This event was guided by the Shandong Provincial Civil Affairs Department and the Social Work Department of the Shandong Provincial Party Committee, hosted by the Shandong Provincial Federation of Social Organizations and Qilu University of Technology, with Zhongcheng Qingtai participating as a supporting unit.
2024-12-04
04
2024-12
Perspective | Bankruptcy Subordinated Debt and Related Judicial Opinions
According to Articles 109 and 113 of the Enterprise Bankruptcy Law of our country, as well as other legal provisions, the order of repayment for bankruptcy claims in our country is as follows: statutory priority claims and secured claims, employee claims, social security and tax claims, and general claims. Although the current classification system for bankruptcy claims does not explicitly define subordinated claims, the term has been introduced in documents such as bankruptcy trial summaries and local guidance documents. In judicial practice, a recognition and handling method for subordinated claims has gradually formed. This article will analyze how to specifically identify subordinated claims in bankruptcy proceedings from the perspective of judicial rulings.
2024-12-04
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