03
2024-06
Viewpoint... The main points of risk avoidance of trademark transfer contract disputes.
The number of trademark registration applications is still high, resulting in a lack of trademark resources. Faced with the dilemma that it is difficult to confirm the right of trademark, many enterprises retreat and seek to buy trademark. Because the trademark right transfer contract does not agree on the division of liability boundary clause or the agreement is not clear, resulting in disputes abound, the author in the process of resolving disputes summarized some trademark transfer/transfer contract dispute risk avoidance points, for reference.
2024-06-03
03
2024-06
On May 9, 2024, Tianjin took the lead in formulating the "Regulations on Promoting and Regulating Cross-border Flow of Data" in accordance with the spirit of the document "Regulations on Promoting and Regulating Cross-border Flow of Data" issued by the State Cyberspace Administration of China. This is China's first negative list of data outbound from the pilot free trade zone. The content fully reflects the original intention of data overall governance of "providing convenience for enterprise data to exit in an orderly and efficient manner, the list is rich in content and helps practitioners to enhance their understanding and implementation of the theory and practice in the field of data compliance in China.
2024-06-03
03
2024-06
The dispute and analysis of the "cooling-off period" clause of the commercial franchise contract.
Article 12 of the Regulations on the Administration of Commercial Franchising stipulates that the franchisor and the franchisee shall agree in the franchise contract that the franchisee may unilaterally terminate the contract within a certain period of time after the conclusion of the franchise contract. This clause gives the franchisee the right of unilateral discharge, also known as the "cooling-off period" clause, which effectively protects the rights and interests of the franchisee. But at the same time, there are some disputes in judicial practice in the term of the exercise of the right of rescission, the nature of the right, the content of the agreement and so on.
2024-06-03
28
2024-05
Viewpoint... The establishment of the audit committee of the new "Company Law" view analysis.
The new "Company Law" has made major changes to the company's organizational structure and governance model. In the supervisory organization, a new audit committee is added to perform the duties of the board of supervisors. This involves how the audit committee is established and whether it is mutually exclusive with the board of supervisors. The establishment and functions of the audit committee are analyzed for different types of companies.
2024-05-28
23
2024-05
Compilation of laws, regulations and self-discipline rules of private investment funds.
In order to facilitate private equity institutions, private equity fund practitioners and relevant participants to more conveniently and systematically consult and grasp the relevant laws, regulations and regulatory rules of private equity funds, Zhongcheng Qingtai Fund Legal Business Center has sorted out and summarized the relevant laws, regulations and regulatory rules of private equity funds currently in force or to be released to form this compilation.
2024-05-23
23
2024-05
Further exerting the amplification, superposition and multiplication of data elements and building a digital economy with data as the key element is an inevitable requirement for promoting high-quality development. The construction of the data element market has become the common expectation of the whole society, but the construction of the data element market must clarify the following issues.
2024-05-23
23
2024-05
Viewpoint | An analysis of the (III) of shareholders' preemptive rights
In the previous two articles, the author briefly analyzed four common legal problems of the preemptive right of shareholders. The first is whether the preemptive right can be stipulated separately in the articles of association, the second is whether the equity transfer agreement signed between the shareholders and the equity transferee other than the shareholders is valid, the third is whether more than half of the shareholders need to agree when transferring the equity of the shareholders, and the fourth is how the transferring shareholders perform the notification obligation, this article will continue to explore several common legal issues involving shareholders' preemptive rights.
2024-05-23
16
2024-05
In order to maintain the company's capital enrichment, protect the legitimate rights and interests of creditors, and strengthen the company's supervision of shareholders' capital contributions, the new "Company Law" has added a "collection loss system". Who will "urge" the system of loss of power, how to "urge" to produce the effect of loss of power, if not "urge" or wrong "urge" will produce what "responsibility", who will bear this "responsibility", this article mainly from these two angles to interpret the different system of loss of power.
2024-05-16
16
2024-05
In joint crime cases, the co-perpetrators may all be the principal offenders, but they cannot all be accomplices. Generally speaking, there is always a master and a slave. It is therefore particularly important to distinguish between accessory and principal offenders when dealing with cases of joint crime.
2024-05-16
10
2024-05
Administrative reconsideration and administrative litigation, state compensation, appeal system, etc. constitute the legal system of administrative relief, and the revision of the new administrative reconsideration law has a profound impact on the administrative relief of administrative agreement disputes.
2024-05-10
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