A contract signed by a person with no capacity for civil conduct is void from the outset according to Article 144 of the Civil Code, and the legal representative may refuse to ratify it. The consequences shall be to return the property and compensate for the losses according to Article 157.
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If a name is registered as a trademark, and if the registrant acts maliciously and the name has gained popularity, the owner can request its invalidation in accordance with Articles 32, 44, and 45 of the Trademark Law; however, it is more difficult to invalidate a common name.
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If your own business name is preemptively registered as a trademark, you can file an objection or request for invalidation in accordance with Article 32 of the Trademark Law based on your prior business name rights, and supplement it with protection under Article 6 of the Anti-Unfair Competition Law. Please note that there is a five-year time limit for such actions.
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If a trademark is preemptively registered by others, the owner of the trademark may assert their prior rights in accordance with Article 32 of the Trademark Law. They may raise objections within three months of the announcement period or request a declaration of invalidation within five years after registration. There is no five-year time limit for maliciously preemptively registering well-known t...
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The evidence of trademark use should be regularly stored in the database, including contracts, invoices, packaging, advertisements, and exhibition materials. The use of the trademark should be defined in accordance with Article 48 of the Trademark Law, so as to prepare for the defense against the revocation of the trademark and the protection of rights and interests.
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The defendant in a trademark revocation case must, within two months from the receipt of the notice, submit evidence of use on the approved products in the past three years. According to Articles 48 and 49 of the Trademark Law and Article 66 of the Implementing Regulations, if the evidence is insufficient, the trademark will be revoked.
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The repair and plastic surgery fees in medical damages are subsequent treatment fees, which can be claimed in accordance with Article 1179 of the Civil Code based on medical records, invoices, and medical certificates. Necessary and reasonable fees can be included in the scope of compensation.
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The follow-up treatment costs for medical damages can be claimed after they have actually occurred, or the necessary expenses can be claimed together with the medical certificates and appraisal conclusions. The matter shall be handled in accordance with the Civil Code.
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There is no unified fixed amount for compensation for mental distress caused by medical harm across the country. The court determines the amount based on the degree of fault, the consequences of the harm, and the local living standards. Compensation for disability or death is usually higher than that for general injuries.
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For those who are dependent on nursing care due to medical damage, the nursing care fees shall be calculated based on three levels: complete, major, and partial, taking into account the local nursing care workers' remuneration and the length of nursing care. This requires an assessment of the degree of nursing care dependency.
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The compensation for medical damages and death shall be calculated based on the per capita disposable income of urban residents in the place where the court is located in the previous year, multiplied by 20 years. For those over 60 years old, the compensation shall be reduced annually, and the matter shall be handled in accordance with the Civil Code.
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The degree of disability caused by medical harm must be appraised by a judicial expert, and the disability level shall be graded from level I to level X according to the degree of disability caused by human body injury. The grading shall be based on organ dysfunction and nursing dependency, and the matter shall be handled in accordance with the Civil Code.
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The period of work loss due to medical damage shall be determined based on the proof provided by the medical institution or the judicial appraisal. The compensation for work loss shall be calculated based on the duration of work loss and the income situation. If necessary, an appraisal of the period of work loss may be applied for.
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It wasn't until after the house was handed over that the buyer found out that the house had been mortgaged. If the developer conceals the defects in rights, the buyer can claim breach of contract or compensation. According to the Civil Code and judicial interpretations, the buyer can terminate the contract or seek compensation.
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After the delivery, it was found that a garbage station was built nearby. If this was an unfavorable factor that should have been disclosed during the contract signing but was not, you can claim that the developer breached the contract or committed fraud. It is recommended to check the contract and the planning documents.
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