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
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
02
2024-01
The use of trademarks referred to in the Trademark Law refers to the use of trademarks on goods, commodity packaging or containers, and commodity trading documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods. Whether the use of the trademark owner's registered trademark by means of "indicative use and narrative use" constitutes "fair use of trademark rights" requires specific analysis of specific issues.
2024-01-02
02
2024-01
The review of ecological and environmental administrative punishment files is an important means to ensure the legality and justice of administrative punishment decisions, safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations. On the one hand, the promulgation and implementation of the measures for administrative punishment of ecological environment puts forward higher requirements for case file evaluation, on the other hand, the active development of case file evaluation is also the active implementation of the measures for administrative punishment of ecological environment.
2024-01-02
28
2023-12
Viewpoint | Talking about the Enforcement of the People's Court on the Penalty
In judicial practice, different administrative organs, according to the same law, have made different provisions on whether it is necessary to make a separate decision to impose a fine and according to what procedure to make a decision to impose a fine. Therefore, the author thinks that it is necessary to sort out and analyze the legal application of the additional fine, so as to have a little reference to the non-litigation administrative execution.
2023-12-28
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
