Legal Information

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

24 2026-10

Under what circumstances will the bid deposit be confiscated?

The bid deposit will be confiscated in the event of withdrawal of the bid, refusal to sign the contract after winning the bid, refusal to pay the performance bond, bid-rigging, and fraudulent activities. According to the Bidding and Tendering Law, the bid-winning party may not be refunded if they refuse to sign the contract, and the amount involved shall not exceed the statutory upper limit.

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24 2026-10

Can the promises made in commercial advertisements be considered part of a contract?

The principle of commercial advertising is an invitation to make an offer, which does not necessarily constitute the content of the contract. However, if the advertisements for commodity houses and other products specify and determine specific details and have a significant impact on the contract price, they shall be deemed as the content of the contract according to law, and if the delivered good...

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24 2026-10

Is it still considered a promise if you reply after the promise period has passed?

After the expiration of the commitment period, the reply generally does not constitute a valid commitment, and the contract is not established. According to the Civil Code, a late commitment is considered a new offer. If the offeror does not deny the late commitment in a timely manner, it is deemed valid. The key point is to confirm it in writing in a timely manner.

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24 2026-10

What kinds of evidence of use must be submitted for the review of a trademark rejection case?

For the review of a trademark rejection, the applicant must submit evidence of continuous use of the trademark from three years before the application date to the date of the rejection, including contracts, invoices, and advertising materials from exhibitions, etc. The applicant should apply for a review within 15 days after receiving the rejection notice. Evidence that is authentic, publicly avai...

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24 2026-10

What is the time limit for reviewing a trademark rejection decision?

After the trademark registration application is rejected, the applicant shall apply for a review within 15 days from the date of receipt of the rejection notice; if the application is not submitted within the time limit, the rejection will take effect. The review requires the submission of reasons and evidence. It is recommended to prepare as soon as possible and not to exceed the time limit.

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24 2026-10

What should I do if someone raises an objection to my trademark during the initial review announcement period?

Objections can be raised within three months of the initial review announcement; the respondent shall respond within a specified time limit and submit evidence of use and differences. If the objections are not well-founded, the registration will be approved; if they are well-founded, the registration will not be granted. It is recommended to entrust a professional lawyer to deal with it actively.

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24 2026-10

How is trademark similarity determined?

When determining whether two trademarks are similar, the principles of overall observation, partial comparison, and isolated comparison should be adopted to assess the likelihood of confusion based on the general attention of the relevant public. If any of the three aspects (sound, form, or meaning) of the trademarks are similar and easily confused, they may be deemed similar. However, partial dif...

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24 2026-10

How can I check whether my trademark has been registered in a similar form?

You can search for trademarks on the comprehensive inquiry system of the China Trademark Office by name, applicant, and classification. Pay special attention to comparing the earlier trademarks in the same or similar groups. When judging similarity, consider the pronunciation, shape, and meaning of the trademark. Self-searching is only for preliminary screening, and it is recommended to conduct pr...

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24 2026-10

After signing the mediation agreement with the Medical Dispute Mediation Committee, can a patient still change their mind and retract their agreement?

After signing the mediation agreement, the agreement generally has contractual effect. If there are major misunderstandings, fraud, coercion, or manifestly unfair situations, the party concerned may request its revocation within one year; once it is confirmed by the judicial authority, it will have enforceable force, and there will be very little room for reconsideration.

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24 2026-10

Does the mediation of the Medical Dispute Mediation Committee have compulsory force?

The mediation agreement of the Medical Mediation Committee itself has no enforceability, and it only becomes enforceable after being confirmed by the court. According to Article 33 of the People's Mediation Law, the parties may jointly apply for confirmation within 30 days after the agreement takes effect, and if one party fails to perform the agreement, they may apply for compulsory enforcement.

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24 2026-10

Does the Medical Mediation Committee charge a fee for mediation?

The Medical Mediation Committee does not charge fees for mediating medical disputes. According to Article 4 of the People's Mediation Law, there are no fees charged for mediating civil disputes. For cases where mediation fails and the parties decide to litigate, the acceptance fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs", and the acceptance fees for case...

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24 2026-10

Who will ultimately bear the cost of the autopsy?

The autopsy expenses shall be prepaid by the applicant first, and the party who shall bear the responsibility shall be determined based on the final determination of responsibility and the court's judgment; if the medical party is found to be at fault, the relevant expenses shall usually be borne by the medical institution, subject to the effective judgment.

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24 2026-10

Is it necessary to conduct an autopsy first in the case of medical disputes?

In medical disputes, autopsies are not mandatory, but only required when the patient dies and there are disputes over the cause of death. Even without an autopsy, patients can still assert their rights based on medical malpractice, and the cases will be handled in accordance with the 48-hour and 7-day storage rules stipulated in the "Regulations on the Prevention and Handling of Medical Disputes".

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24 2026-10

Can family members appeal against the autopsy conclusion if they disagree with it?

If you disagree with the conclusion of the autopsy, you can apply for a supplementary or re-autopsy after receiving the appraisal opinion; according to the "Regulations on the Prevention and Handling of Medical Disputes", if there are objections to the cause of death, an autopsy should be conducted within 48 hours, and the frozen storage period can be extended to 7 days. The objections must be sub...

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