Financial leasing companies must undergo regulatory approval and be included in the regulatory list. The list can be checked on the official website of the local financial regulatory department. They are not allowed to engage in financial leasing business without authorization.
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If there are quality issues with the leased property, the lessee cannot simply refuse to pay the full rent. Instead, they can reduce the rent for the defective part or suspend payment, and handle the matter in accordance with Articles 708 and 713 of the Civil Code.
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A contract that violates public order and good morals is invalid according to Article 153 of the Civil Code, and is not binding from the beginning. The property obtained should be returned, and the party at fault shall compensate the other party for the losses.
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Contracts that conceal illegal purposes in a legal form are legally invalid. Articles 153 and 146 of the Civil Code deny their validity. After the contract is deemed invalid, the parties involved must return the property and compensate for the losses.
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The contract signed when the other party is in distress is deemed to be grossly unfair. The injured party may request its rescission in accordance with Article 151 of the Civil Code, and such a request must be made within one year of becoming aware of the grounds for rescission.
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In a conditional contract, if one party maliciously causes the condition to be fulfilled, it shall be deemed that the condition has not been fulfilled according to law, and the other party may refuse to perform the contract and claim compensation, which shall be dealt with in accordance with Article 159 of the Civil Code.
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After the contract is rescinded, the legal consequences are the same as those of its invalidation: according to Article 157 of the Civil Code, the parties shall return the property, make compensation in the form of a discount, and pay damages for faults; and the right of rescission must be exercised within the statutory time limit.
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After the contract is deemed invalid, according to Article 157 of the Civil Code, the parties shall return the property to each other, and if it cannot be returned, the party at fault shall compensate the other party for the losses. Each party shall bear responsibility for its own fault.
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Whether it's a violation of rights for an employee to take away a client list depends on whether the list constitutes a trade secret. If it meets the three criteria, the employee can be held accountable according to Article 9 of the Anti-Unfair Competition Law; otherwise, it will be difficult to determine liability.
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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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