The punitive damages for trademark infringement must involve malice and serious circumstances. According to Article 63 of the Trademark Law, the amount of punitive damages can be determined at a rate of not less than one time but not more than five times the actual damages. General negligence only results in compensation equal to the actual damages.
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For foreign-related OEM products that are all exported and not subject to domestic confusion, they generally do not constitute trademark infringement. However, if they are sold domestically or associated with well-known trademarks, they may still infringe on trademarks. It is recommended to verify the authorization and sales regions.
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The degree of care dependency is graded into three levels based on the severity of physical injury and disability: complete, major, and partial, with coefficients of 100%, 80%, and 50%, respectively. The assessment is conducted by qualified institutions, and the maximum duration of care is 20 years.
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According to Article 335 of the Criminal Law, the crime of medical malpractice shall be punished by fixed-term imprisonment of not more than three years or criminal detention. The crime requires that medical personnel be grossly negligent and cause the death of the patient or serious damage to their physical health during the treatment process.
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Generally, medical errors do not equal medical accidents. The latter must violate laws and regulations and cause obvious physical harm to patients. Minor errors that do not cause harm are usually not considered accidents.
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Even if it does not constitute a medical accident, one can still claim compensation for medical damage liability according to the Civil Code. The amount of compensation depends on the degree of fault and the consequences of the damage, rather than whether it constitutes an accident.
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It is still useful to conduct medical accident appraisals and medical damage appraisals concurrently. The former is organized by the Medical Association in accordance with regulations, while the latter is used in civil compensation litigation. The two appraisals serve different purposes and can be used as needed.
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The crime of medical malpractice is a criminal offense stipulated in the Criminal Law, while the liability for medical damages is a civil compensation stipulated in the Civil Code. The two are fundamentally different in terms of their nature, subjects, evidence collection, and consequences.
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The amount of compensation for medical damages is determined by multiplying the liability ratio by the actual losses. It is recommended to first conduct a medical damage appraisal to clarify the degree of fault involvement, and then calculate the claimed losses item by item.
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After receiving the house, the developer has been delaying the issuance of the property ownership certificate. According to Article 14 of the Civil Code and the Judicial Interpretation on the Sale of Commercial Housing, the buyer can claim the breach-of-contract penalty for the delay in issuing the certificate, and the contract can be terminated in case of serious delay.
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The developer failed to deliver the house with a valid property ownership certificate, which constitutes a flaw in the property rights registration. Although the owners can move in, they currently have difficulties obtaining individual ownership certificates. They can claim breach of contract liability for the delay in obtaining the certificate in accordance with the Civil Code.
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When purchasing a pre-sale property, it is necessary to verify the developer's five certificates and main qualifications. Pre-sales are not allowed without a pre-sale license. It is recommended to verify the corresponding status of the building and the mortgage foreclosure status on the official website of the housing and urban-rural development department.
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When buying a house, if the developer fails to honor the promise of providing a free property management fee, the buyer can claim breach of contract liability based on the written or electronic promise in accordance with the Civil Code. It is important to note the three-year statute of limitations and the need to preserve evidence.
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If the non-right protection commitment signed by the developer exempts its liability, excludes the main rights of the purchaser, or is illegal, it may be invalid according to the rules on standard clauses in the Civil Code; the purchaser can still claim statutory rights.
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If the housing provident fund loan amount is insufficient, you can apply for a combination loan of housing provident fund and commercial loan to make up for the shortage. However, you must meet the approval requirements for both sides and the interest rate will be implemented in stages. It is recommended to first obtain dual approval and then sign the contract.
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