When conducting due diligence for cross-border mergers and acquisitions, attention should be paid to the application of laws, regulatory approvals, ownership of assets, taxation and labor, intellectual property and data compliance, as well as the risk of major litigation and sanctions.
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The email correspondence may constitute a contract, the key point being whether the parties have reached an agreement on the main terms and expressed their intention to be bound by them. For important transactions, it is still recommended to sign a written contract.
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If the price is negotiated on WeChat, it may constitute a contract, the key point being whether the main terms have been agreed upon. WeChat records are electronic data, and the original carrier must be preserved for evidence purposes.
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If there are disputes in the performance of the contract, they should be handled in four steps: collecting fixed evidence, communicating in writing, assessing the breach of contract, and choosing the appropriate course of action. It is essential to avoid suspending performance of the contract without authorization or passively waiting for a resolution.
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There is no fixed timeframe for contract review: standard contracts usually take one to two working days, while complex contracts may require three to seven working days or even longer, depending on the amount and complexity of the information involved.
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Online contract review can serve as a preliminary screening tool, but it cannot replace manual review by lawyers. Major and complex contracts should still be reviewed by professional lawyers in combination with due diligence and negotiation.
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Lawyers usually review commercial contracts in five steps: understanding the background, verifying the parties involved, reviewing each clause, resolving disputes, and issuing opinions, all of which are combined with credit investigation and due diligence.
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There are advantages and disadvantages to both litigation and arbitration. First, we need to check whether the contract contains a valid arbitration clause: arbitration is final and binding, efficient, and not public; while litigation involves two instances of trial and the final judgment, and provides sufficient remedies.
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Contract review is preventive in nature, while contract disputes constitute remedial measures taken after the fact. The two are interdependent: inadequate review often leads to disputes, and experience gained from handling disputes in turn informs the improvement of review standards.
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If a trademark is rejected, it can be remedied. Applicants can request a review within 15 days from the date of receiving the notice, and can defend against the rejection by citing the status of the cited trademark and providing evidence of use. They can also adjust the logo and re-apply for registration.
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If a trademark is preemptively registered by others, the owner can take measures such as raising objections, declaring the registration invalid, or revoking the registration due to non-use for three consecutive years, and simultaneously file a supplementary application. The key point is to secure evidence of prior use.
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After the enterprise is deregistered, the trademark cannot continue to be used as of right. It should be transferred or reapplied for in time through the liquidation procedure. Otherwise, it may face the risk of being revoked or losing its rights.
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If a company's name is infringed, it can protect its rights through three channels: administrative complaints, civil litigation, and platform complaints. The company can demand that the infringer stop using the name, change the name, and compensate for the losses.
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Intellectual property protection services typically include four main areas: application for rights protection, defending against infringement, licensing operations, and compliance management. These services can also be combined with industry-specific solutions to provide comprehensive solutions.
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If a medical institution conceals or refuses to provide medical records, it shall be presumed to be at fault according to law; the patient still needs to prove the causal relationship between the damage and the medical institution, but the burden of proof has shifted to the hospital.
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