Legal Information

27 2026-10

Are the consequences of contract termination the same as those of contract invalidation?

The contract is invalid from the outset and shall be returned in accordance with Article 157 of the Civil Code; the contract shall be liquidated retroactively and the parties shall restore the status quo and compensate for the losses in accordance with Article 566. The consequences of the two are different, and the remedial path should be identified first.

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27 2026-10

How to calculate the interest on the outstanding debt after the contract is terminated?

After the contract is terminated, the interest on the outstanding debt shall be calculated from the date of payment due. Where there is an agreement on interest, the interest shall be paid according to the agreement; where there is no agreement on interest, the interest shall be calculated according to the LPR. For some contracts, the standard for the breach of contract penalty for overdue payment...

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27 2026-10

Can the depositary request the return of the items at any time under the custody contract?

In the storage contract, the depositor can retrieve the stored items at any time; if the depositary damages or refuses to return them, the depositor may claim breach of contract liability and return of the items. According to Article 899 of the Civil Code, there is no need to wait for the expiration of the time limit to retrieve the items.

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27 2026-10

What are the various methods for calculating the amount of compensation for patent infringement?

The compensation for patent infringement is calculated based on four methods: actual losses, profits from infringement, multiples of the license fee, and statutory compensation of no more than 5 million yuan; if the malicious circumstances are serious, punitive damages of one to five times the amount may be imposed.

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27 2026-10

How should evidence be secured in patent infringement cases?

For proving patent infringement, it is necessary to fix the physical products of the products being sued, as well as the evidence of sales and profits. It is preferable to notarize the purchase and preserve the web pages. According to Article 71 of the Patent Law, the compensation shall be the amount of the infringement profits or the multiple of the license fees.

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27 2026-10

Can I apply for a pre-litigation injunction to stop patent infringement in a patent infringement lawsuit?

Before filing a lawsuit for patent infringement, one can apply for a preliminary injunction to stop the infringement (preservation of rights). According to Article 72 of the Patent Law and the Civil Procedure Law, one must provide a guarantee and prove the urgency and likelihood of winning the lawsuit. Anyone who files an incorrect application shall be liable for compensation.

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27 2026-10

What are the criteria for determining infringement of an industrial design patent?

The infringement of design patents is determined based on whether the overall visual effect is the same or similar. According to Article 64 of the Patent Law, the authorised images are compared with the products under complaint, taking into account the design space and distinctive features.

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27 2026-10

When leaving a job, is it an infringement to take away technical documents?

Taking away technical information upon resignation may constitute an infringement of trade secrets or a breach of contract. According to Article 9 of the Anti-Unfair Competition Law and the Labor Contract Law, the right holder may demand that the infringement be stopped and claim compensation; if the case involves trade secrets and the circumstances are serious, it may even constitute a criminal o...

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27 2026-10

After a mental patient is discharged from the hospital, who is responsible for any harm they cause to others?

After a mental patient is discharged from the hospital, the guardian shall bear the tort liability if the patient harms others; according to Article 1188 of the Civil Code, if a person with no or limited capacity for civil conduct causes harm, the guardian shall bear the responsibility. If the guardian fulfills his duty of guardianship, he may be exempted from liability, and the victim may claim c...

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27 2026-10

How can I protect my rights if my HIV status is leaked to the public?

If the HIV status of a patient is leaked, they can seek legal protection. According to the Civil Code and the Regulations on the Prevention and Treatment of AIDS, medical institutions and personnel who disclose patients' privacy shall bear responsibilities such as stopping the infringement, making apologies, and providing compensation.

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27 2026-10

Can patients with infectious diseases claim compensation if their personal information is leaked?

If the information of patients with infectious diseases is leaked, they can seek compensation according to the law. If medical institutions and personnel disclose patients' privacy or personal information, they shall bear responsibilities such as compensation in accordance with the Civil Code and the Personal Information Protection Law.

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27 2026-10

Who is responsible for the injuries and deaths of psychiatric patients after they run away from the hospital?

If a psychiatric inpatient leaves the hospital without authorization and suffers injuries or death, whether the hospital is liable depends on whether it has fulfilled its duty of care and prevention. The liability for compensation shall be determined according to the Civil Code and the Mental Health Law based on the fault of the parties involved.

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27 2026-10

Is the hospital liable for the death of a patient who was restrained to the point of suffocation?

If a mentally ill patient dies after being restrained, whether the hospital should compensate depends on whether the restraint was conducted in accordance with regulations and whether the hospital fulfilled its obligations of care and treatment. Liability shall be determined according to the Civil Code and the Mental Health Law based on the principle of fault liability.

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27 2026-10

Is there insurance to cover the damages caused by clinical trials?

Clinical trial subjects are usually covered by insurance, and sponsors are required to purchase insurance and provide compensation in accordance with regulations. To claim compensation according to the "Quality Management Standards for Clinical Trials of Drugs" and the "Civil Code", evidence of causality must be established.

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27 2026-10

Will there be any problems if the subjects withdraw from the study midway?

The subjects have the right to withdraw from the clinical trial at any time without any conditions, and they shall not be discriminated against or retaliated against according to the regulations; the expenses incurred shall be dealt with in accordance with the agreement, and legal troubles will generally not arise, but the informed consent and communication records should be kept.

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