10
2024-01
Point of view... The force majeure clause of international engineering contract is analyzed.
Since the "Belt and Road" initiative was put forward, the business gained by Chinese companies in international engineering projects has increased significantly. In recent years, Chinese contractors have experienced or are experiencing the impact of severe situations such as natural disasters, wars or turmoil, changes of government and policy changes in the host country on contract performance, and even suffered heavy losses. In order to fulfill the obligations stipulated in the contract in difficulties, the Chinese contractor needs to safeguard its legitimate rights and interests in accordance with the law. We expect and believe that with the help of legal professionals, Chinese contractors will achieve faster and longer-term development.
2024-01-10
09
2024-01
Viewpoint... Hot spots are risky! -- Eastern Selection Event Risk Alert
According to the "New Evening News" report, some people have set up a "Western Selection" studio on the tremolo platform. The tremolo platform has banned the "Western Selection" studio in the name of "suspected counterfeiting and improper popularity. For this matter, the author believes that there are two points need to be analyzed. First, whether the "Western selection" constitutes an infringement of the "Eastern selection. Second, whether such behavior constitutes "counterfeiting, improper hot" that is, unfair competition.
2024-01-09
08
2024-01
There has been a dispute between the theoretical and practical circles about whether the relationship between the employer and the workers who have reached the legal retirement age belongs to the labor relationship or the labor relationship. This paper will sort out the laws, regulations and local courts point of view, and put forward corresponding suggestions.
2024-01-08
05
2024-01
In order to implement the "five hopes" put forward by the party group of the Ministry of Justice for the majority of lawyers, with excellent professional quality as the starting point, centering on the center and serving the overall situation, providing high-quality professional legal services for the implementation of the country's major development strategy, and solving the urgent and anxious problems of the people, from now on, Zhongcheng Qingtai Law firm will launch a series of articles on the annual excellent product legal service manual, the legal service product introduction, catalog, team introduction, contact information and other content are attached to facilitate readers to further the details of legal service products. Welcome to call for advice.
2024-01-05
04
2024-01
Viewpoint | Concept Understanding and Identification of Actual Constructors
In order to ensure the construction quality of construction projects, the Civil Code, Construction Law and other laws explicitly prohibit subcontracting and illegal subcontracting in the construction field. However, due to the differences in the interests of all parties and bargaining power, the phenomenon of subcontracting and illegal subcontracting still exists. How to understand and identify the concept of "actual builder" has long been controversial in judicial practice.
2024-01-04
02
2024-01
In intellectual property litigation cases, if the enterprise name and trademark logo are marked on the infringing goods at the same time, it should be inquired whether the trademark logo belongs to the enterprise; if so, it further proves that the producer of the goods is the enterprise marked on the goods; if not, the owner of the trademark should be inquired and the owner of the trademark should be listed as the defendant at the same time, in this way, it will be more helpful to find out the producers of infringing goods and clarify the main body of responsibility.
2024-01-02
02
2024-01
With regard to the determination of the "producer" in the trademark infringement case in the reply of the Supreme people's Court on whether the victim of the product infringement case can bring a civil action with the trademark owner of the product as the defendant, it should also be combined with the specific circumstances of the case to further increase the evidence of the connection between the infringing company and the accused infringing product. For example, the social security payment certificate of the salesman of the infringing company, the labor contract, the chat record with the offline seller, the transfer record, the statement of the downstream seller, and the comparison between other products produced by the infringing company and the accused infringing products are judged comprehensively.
2024-01-02
02
2024-01
Viewpoint | Analysis of the Determination of Similar Goods in Trademark Infringement Cases
The determination of similar goods, as an important component of determining whether to infringe in trademark infringement cases, has been a matter of concern and controversy. The purpose of this paper is to analyze the problem one by one by discussing the legal provisions and related cases.
2024-01-02
02
2024-01
Viewpoint... On the Chinese path of personal bankruptcy system.
With the continuous growth of the national economy, the consumption level of residents is constantly improving, the economic conditions are constantly improving, and the number of citizens participating in social and economic activities in the form of individuals is increasing. According to the provisions of the current enterprise bankruptcy law, China has not included natural persons in the scope of bankruptcy subjects, and there is still a certain discrepancy with the current social development needs of our country. Therefore, in order to improve the development of China's market economy and speed up the process of China's international development, it is urgent for China to establish a natural person bankruptcy system.
2024-01-02
02
2024-01
In view of the difference between the defendant in criminal cases and the subject of civil litigation, which will lead to the inconsistency of the subject when filing a civil compensation lawsuit after criminal punishment, this paper will briefly explain how to determine the subject of civil litigation when filing a civil compensation lawsuit from the perspective of intellectual property crime.
2024-01-02
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
