In principle, the additional storage costs incurred by the seller for delivering the goods ahead of schedule shall be borne by the seller; according to Article 530 of the Civil Code, the additional costs incurred by early performance shall be borne by the debtor, unless the buyer agrees otherwise or it is harmless to do so.
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After the agreement on settling the debt with goods takes effect, the creditor cannot revoke it just because he is dissatisfied. However, if there are major defects in the goods used to settle the debt or the agreement can be revoked, the creditor may request to revoke, rescind or claim compensation at a reduced price.
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Whether to register a trademark in a single country or in the European Union depends on the market scope and budget. Registering in a single country offers more precise and independent protection, while registering in the European Union covers 27 countries at once, with lower official fees but higher risks. The choice should be based on the target market and the risk of rejection.
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The Madrid Protocol requires that a domestic basic trademark be obtained first, and then an international application and designation of contracting parties be submitted through the Trademark Office. According to Article 21 of the Trademark Law, each contracting party shall review the application in accordance with the law.
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The trademark registrant should submit an application for a change of name or address; according to Article 41 of the Trademark Law, all trademarks must be changed together. Failure to do so will affect the renewal, transfer, and protection of rights.
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The trademark renewal can be handled within 12 months before the expiration date, and there is a 6-month grace period for late renewal. According to Article 40 of the Trademark Law, the validity period of each renewal is 10 years, and the trademark will be cancelled if the renewal is not completed on time.
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The transfer of a trademark requires the joint application of the transferor and the transferee. Trademarks that are similar to the same type of goods should be transferred together. According to Article 42 of the Trademark Law, the Trademark Office will not approve trademarks that are likely to cause confusion or have a negative impact.
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Generally, subsequent treatment fees cannot be forced on hospitals to advance. According to Article 1179 of the Civil Code, they shall be borne by the infringer or the insurance company. It is recommended to fix the diagnosis and treatment plan, and then negotiate or litigate for compensation.
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In principle, the number of caregivers should be one. However, if the medical institution or appraisal institution has clear opinions, the number of caregivers may be determined according to their opinions. To claim for multiple caregivers, professional opinions and proof of necessity are required, in accordance with the Judicial Interpretation on Compensation for Personal Injury.
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After being determined as disabled, one can still claim nursing care fees. The nursing care level is determined based on the degree of nursing care dependency and the situation of disability aids. There are three levels of dependency: complete, partial, and no dependency, each corresponding to a different percentage. The maximum period of claiming is no more than 20 years.
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The nutritional products during the recovery period fall under the category of nutritional expenses, which must be determined based on the victim's disability status and in accordance with the opinions of medical institutions. It is generally difficult to support the purchase of such products without a doctor's prescription, and claims must be made based on official receipts and actual circumstanc...
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The vocational rehabilitation training fees must be necessary for restoring function and working capacity and be recognized by medical institutions or appraisal opinions. General personal injury can be included in the subsequent treatment fees, and there are separate insurance vocational rehabilitation benefits for work-related injuries.
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The family members who provide personal care can claim nursing fees: those who have income shall be calculated according to the loss of working time compensation, and those who have no income or hire caregivers shall refer to the local caregiver standards. They must provide medical orders and loss of working time certificates in accordance with Article 1179 of the Civil Code and the Judicial Inter...
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The long-term care fees are calculated based on the degree of care dependency and the local caregiver's labor remuneration standards, with a maximum duration of no more than 20 years. A claim must be made after a clear assessment of the care level by a disability appraisal agency.
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The developer's violation of the statutory delivery conditions by handing over the house without organizing the completion acceptance and filing for record constitutes a breach of contract. The buyer may refuse to accept the house and claim the liability for breach of contract in accordance with the contract; the key point is to check the delivery conditions in the contract and the filing time poi...
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