Legal Information

Firm news, insights on new laws, and frequently asked questions.

09 2026-10

What are the risks of having a blank contract that hasn't been stamped yet?

The signing of a blank contract is considered a general authorization, and the retroactive filling of its content is generally valid. According to Article 490 of the Civil Code, the signing of the contract constitutes its establishment. However, if the content is retroactively filled in maliciously, the signatory must provide evidence to revoke the contract, which carries extremely high risks. The...

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09 2026-10

How to determine apparent agency?

There are two key points to determine apparent agency: the existence of apparent agency and the counterparty's good faith and lack of negligence. According to Article 172 of the Civil Code, the agency act is valid, and the consequences shall be borne by the principal, who may then seek compensation from the agent.

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09 2026-10

Is an unauthorized agency contract valid?

The effectiveness of a contract concluded by an unauthorized agent is pending: According to Article 171 of the Civil Code, the contract is not effective against the principal unless it is ratified by the principal. The counterparty may urge the principal to ratify the contract within 30 days or exercise the right of revocation.

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09 2026-10

Is the contract signed under fraudulent circumstances valid?

The contract signed under fraudulent circumstances is revocable. According to Article 148 of the Civil Code, a lawsuit to revoke the contract can be filed within one year after the revocation grounds become known. After the revocation, the contract will be invalid from the beginning and the parties involved will be required to return the property and compensate for the losses.

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09 2026-10

Is the value of a utility model patent low?

A utility model patent is not of low value. It is a statutory type of patent, just like an invention, with a term of 10 years. In the event of infringement, compensation can be claimed in accordance with Article 71 of the Patent Law, and intentional infringement may result in punitive damages of 1 to 5 times the actual damages.

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09 2026-10

How many years is the protection period for an invention patent?

According to Article 42 of the Patent Law, the protection period for invention patents is 20 years, for utility models it is 10 years, and for industrial designs it is 15 years, all of which start from the date of application. During this period, annual fees must be paid, and once the protection period expires, the technology will enter the public domain.

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09 2026-10

What should I do if my patent application is rejected?

If a patent is rejected, the applicant may request a review within three months from the date of receipt of the decision in accordance with Article 41 of the Patent Law; if the applicant disagrees with the review decision, he/she may file a lawsuit. It is recommended that the applicant first analyze the reasons for the rejection and then determine the strategy for amendment or resubmission.

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09 2026-10

Can geographical indications be registered as trademarks?

Geographical indications may be registered as collective trademarks or certification trademarks in accordance with Articles 16 and 3 of the Trademark Law, and applications for such registration shall be submitted by local group associations. Applications from entities not based in the local area will be rejected or prohibited. It is recommended to first assess the applicant's qualifications.

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09 2026-10

If an elevator malfunctions and causes injuries, does the property management company need to compensate the victims?

The elevator malfunction caused injuries, and the property management company should compensate according to the law for failing to fulfill its obligation of ensuring safety; the maintenance company shall bear responsibility in proportion to its fault, and the victim shall not bear responsibility if he/she is free from fault. The victim can sue for joint compensation.

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09 2026-10

Who is responsible for the injuries caused by slipping in a shopping mall?

If someone slips and gets injured in a shopping mall, and the mall fails to fulfill its obligation to ensure safety, it should bear compensation liability in accordance with Article 1198 of the Civil Code. The situation where the floor is slippery but no warning is given is a typical case. It is recommended to record the scene, retrieve the surveillance footage, and file a claim within three years...

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09 2026-10

Who should compensate for the child injured in the community playground?

The responsibility for children injured on playgrounds in residential communities shall be apportioned according to fault. If the property management fails to fulfill its obligation of maintenance and warning, it shall be liable for compensation in accordance with Article 1198 of the Civil Code. The guardian shall be subject to corresponding reduction of liability for his/her dereliction of duty. ...

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09 2026-10

How to compensate for injuries caused by school bullying?

The injuries caused by school bullying shall be compensated by the guardians of the perpetrators in accordance with Article 1188 of the Civil Code. If the school fails to fulfill its duties of education and management, it shall be held liable in accordance with Articles 1200 and 1201. Victims may claim compensation for mental damage. It is recommended to report the case to the police, collect evid...

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09 2026-10

Who is responsible for the injuries of kindergarten children?

Kindergarten children are incapacitated for civil acts, and the fault presumption applies to injuries suffered at the kindergarten. According to Article 1199 of the Civil Code, the kindergarten must prove that it has fulfilled its duty, otherwise it should compensate. It is recommended to seek medical treatment immediately, keep the evidence, and file a claim within three years according to the la...

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09 2026-10

What is the school's responsibility if a student gets injured at school?

If a student is injured at school, the school's liability shall be determined in accordance with Articles 1199 and 1200 of the Civil Code for those with limited or no civil capacity. If the school fails to fulfill its duty of education management, it shall be liable for compensation. It is recommended to fix the evidence in time and claim compensation within three years.

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