After the penalty for breach of contract is reduced, if the actual loss exceeds the amount after the reduction, the party concerned may still claim the difference in loss separately; it is necessary to follow the principle of making up for the loss and provide evidence that the loss is real, exceeds the amount and is not duplicated.
Learn more >
Whether the attorney's fees can be claimed as part of the breach of contract damages depends on whether there is a clear agreement in the contract or specific legal provisions. If the agreement is reasonable and does not violate any regulations, the fees will generally be supported according to the agreement, provided that it can be proven that the fees have actually been incurred and the amount i...
Learn more >
The loss of late delivery shall be calculated in accordance with Articles 577 and 584 of the Civil Code, which includes the expected profits but is subject to the limitations of foreseeable rules. It is necessary to provide evidence of the actual losses, the causality, and the circumstances of mitigation. It is recommended to fix the contract and the evidence of replenishment in time to protect on...
Learn more >
There are provisions regarding interest on overdue payments, which can be adjusted if the interest rate is excessively high. If there are no provisions, the interest shall be calculated according to the statutory standards, referring to the LPR (Loan Prime Rate) during the same period to claim for the loss of funds occupied. The key point is to prove the due date of the payment.
Learn more >
The determination of whether a deposit and an advance payment are the same depends on the agreement and their nature. If the agreement specifies a deposit and includes a penalty clause, the deposit rules apply. However, if the agreement refers to an advance payment, the payment will usually be refunded at the original amount of the advance payment.
Learn more >
The portion of the deposit exceeding 20% of the subject matter of the main contract shall not produce the effect of the deposit, and shall only be treated as an advance payment; the deposit contract shall be effective within 20%, and the excess amount shall be returned or offset.
Learn more >
The penalty for breach of contract and compensation for losses are not simply an either-or choice: the penalty for breach of contract serves to make up for losses, and if it is too low, it can be increased to the actual losses; if it is too high, it can be reduced. When choosing between the deposit and the penalty for breach of contract, if the losses exceed the amount of the deposit, the party ca...
Learn more >
When responding to the review comments, the amendments made should not exceed the scope described in the original specification and claims; amendments made to overcome deficiencies are usually limited to clarification and should not expand the scope of protection. The content supported by the original records can be adjusted to a reasonable extent.
Learn more >
The response period for the notice of review opinion is generally four months from the date of receipt, and the respondent may request an extension in accordance with the regulations. If the respondent fails to respond within the time limit without a valid reason, the application will be deemed as withdrawn.
Learn more >
A patent application will be deemed withdrawn if the applicant fails to pay the fees on time, fails to request a substantive examination within three years, fails to respond to the review opinion within the time limit, or fails to make corrections within the time limit.
Learn more >
The review process for invention patents consists of five stages: acceptance, preliminary review, publication within 18 months from the filing date, substantive review (request submitted within three years), and the announcement of the grant of the patent.
Learn more >
An invention patent application must include a request for patent, a description, an abstract of the description, a claims section, etc. If necessary, it must also include drawings, a declaration on genetic resources, a priority right certificate, and a power of attorney.
Learn more >
The harm caused by defects in medical products requires patients to prove the use, damage, and causality. According to Article 1202 of the Civil Code, producers bear no-fault liability. It is recommended to seal the medical records and product packaging and apply for appraisal.
Learn more >
When there are problems with heart stents, it is often related to defects in medical devices or medical malpractice. According to the Civil Code, victims can claim compensation from manufacturers or medical institutions. It is necessary to seal the medical records and stent information and apply for appraisal.
Learn more >
The fracture of steel plates implanted in the body is mostly due to defects in medical devices. Patients can claim compensation from the manufacturer and medical institutions based on product liability; it is necessary to seal the medical records and the evidence of the fracture and apply for a quality appraisal.
Learn more >
