31
2024-12
In the process of granting and confirming design patents, the issue of combining design features in existing designs often arises. At this point, how to delineate design features and how to combine them often becomes one of the focal points of examination. In the process of declaring a patent invalid, the requester often combines elements such as "lines," "geometric shapes," and "positional relationships" from the prior art as design features to challenge the patent's eligibility. However, these elements are often considered as "design concepts" and cannot be combined with design features. This article aims to analyze this issue.
2024-12-31
31
2024-12
A scientifically and rationally defined division of responsibilities and expenditure between governments, as well as a streamlined fiscal distribution relationship among various levels of government, plays a strategic role in the new round of comprehensive deepening reforms. This article is based on the actual situation in Shandong, starting from the legal connotation of responsibilities and expenditure, and empirically analyzes the current status of the division of responsibilities and expenditure between local governments in Shandong Province. It further delves into the problems existing in the allocation of responsibilities and expenditure among local governments in Shandong Province, combined with data, and proposes corresponding countermeasures and suggestions.
2024-12-31
31
2024-12
Recently, the Supreme People's Court issued the "Interpretation on Tort Liability (I)" which clarifies the tort liability issues concerning individuals without civil capacity and those with limited civil capacity. The liability for instigation of tort requires clear instigation actions, the commission of a tort by the instigated party, a causal relationship, and liability capacity. Assisting in a tort refers to providing substantial help or convenience, knowing that another party is committing a tort, thereby facilitating the occurrence of the tort. In practice, there are difficulties in evidence collection and fact determination, and there are disputes regarding the application of law and the division of liability, necessitating continuous exploration and improvement of relevant legal systems by the legal community.
2024-12-31
31
2024-12
Perspective | Changes in Child Custody Relationships
The change in child custody relationships holds significant importance in the field of family law, as it pertains to the vital interests of children and the stability and balance of family relationships. This article aims to comprehensively analyze this legal system by delving into the concept, circumstances, legal basis, procedures for change, and the legal effects following the change of child custody relationships. It seeks to provide valuable references and guidance for judicial practice and the handling of family relationships, ensuring that children grow up in a healthy and supportive environment.
2024-12-31
25
2024-12
Perspective | The Judgment of "Likelihood of Confusion" in Trademark Infringement Cases
With the standardized development of the market and the increasing awareness of intellectual property protection, the number of infringement cases involving purely counterfeit registered trademarks has gradually decreased, while behaviors similar to "free-riding" have been on the rise, posing new challenges to trademark protection. According to Article 57, Item 2 of the Trademark Law of the People's Republic of China: "Using a trademark that is similar to a registered trademark on the same type of goods, or using a trademark that is identical or similar to a registered trademark on similar goods without the permission of the trademark registrant, which is likely to cause confusion, constitutes an infringement of the exclusive right to use the registered trademark." This provision applies in cases of trademark similarity or product similarity, and it is necessary to clarify the boundaries of trademark exclusive rights protection, with the likelihood of confusion being an important criterion for trademark infringement.
2024-12-25
23
2024-12
To promote the efficient circulation of data and focus on the realization of the value of data elements, the Shandong Provincial Data Element Development Conference and the launch meeting for the construction of a trusted data space were officially held at the Shandong Hotel on December 19. Senior partner Du Wentang, partner Hao Bin, and part-time lawyer Peng Dong from Zhongcheng Qingtai Jinan were invited to attend this meeting.
2024-12-23
23
2024-12
Perspective | A Brief Analysis of the Market Entry of Collectively Operated Construction Land
On January 1, 2020, the newly revised "Land Administration Law of the People's Republic of China" came into effect, elevating the decisions and successful pilot experiences of rural land system reform over the years to the level of law. It removed the legal barriers for rural collective operational construction land to enter the market, allowing collective operational construction land to be used by individuals or enterprises under legal procedures and conditions. In practice, the ways for collective operational construction land to enter the market mainly include leasing, equity participation, and transfer.
2024-12-23
23
2024-12
Perspective | Research on Copyright Behind Virtual Idols (Part 2)
When discussing the ways to obtain copyright for virtual idols, we must mention two main approaches: creation and transfer. These two methods play a crucial role in the development of the virtual idol industry, together constructing the legal framework for the acquisition and circulation of virtual idol copyrights.
2024-12-23
23
2024-12
Perspective | In inheritance cases, how can heirs inquire about the bank deposits of the deceased?
In inheritance dispute cases, when the deceased passes away, they often leave behind bank deposits that have not been dealt with. In real life, for various reasons, the deceased's bank deposits are often controlled by one heir, while other heirs are unable to ascertain the specific details of that portion of the estate, leading to disputes among the heirs regarding the amount of the deposits. Courts often make judgments unfavorable to the heirs who do not have control over the deposit amounts based on the existing evidence. Therefore, it becomes an important prerequisite for the division of that portion of the estate for the heirs to inquire about and determine the amount of the deceased's bank deposits.
2024-12-23
23
2024-12
Perspective | Electronic Data Evidence: Legal Support and Practical Application in Civil Litigation
This article introduces the judicial practice status of electronic data evidence in the field of civil litigation. Electronic data evidence has become one of the main types of evidence in civil litigation. The common methods for collecting and preserving electronic data evidence include the traditional notarization by notary offices and the currently rapidly developing third-party electronic data evidence preservation platform model.
2024-12-23
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
