The oppressive clauses are not automatically invalid. Those that meet the circumstances of Article 497 of the Civil Code should be deemed invalid; the counterpart who has not been informed or explained may claim not to incorporate the clauses into the contract, and the outcome still depends on the content of the clauses and the evidence provided.
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Standard contract terms are not necessarily invalid. According to Articles 496 and 497 of the Civil Code, any clauses that unreasonably exempt the provider from liability, increase their responsibilities, or exclude major rights are invalid. If the provider fails to fulfill their obligation to provide adequate explanations and instructions, the consumer may request that such clauses not be include...
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For an electronic contract to be valid, the subject must be authentic, the intention must be consistent, and the electronic signature must be reliable. According to Article 469 of the Civil Code and the Electronic Signature Law, data messages are deemed to be in writing.
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Faxed contracts are generally valid, and data messages constitute a statutory written form. According to Article 469 of the Civil Code, data messages such as faxes can be considered written, the key point being the confirmation of identity and content.
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If there are any mistakes in the contract, they can be corrected, but both parties must confirm it. Unilateral corrections do not bind the other party. According to Article 543 of the Civil Code, amendments require the consent of both parties and the preservation of documentary evidence.
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The contract is generally valid even if it is not signed but stamped with the official seal, as the official seal represents the legal person's intention to express his/her will. According to Article 490 of the Civil Code, either stamping or signing can make the contract effective, but the key point is whether the stamping is genuine.
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A well-known trademark can be protected across categories, and it is prohibited to imitate a registered well-known trademark in a way that causes confusion, and compensation can be sought. According to Articles 13 and 14 of the Trademark Law, enterprises should promptly secure evidence and protect their rights.
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The trademark use license contract is not subject to mandatory registration, but it cannot be used against bona fide third parties without registration. It is recommended to conclude a written contract and register it in time to protect your rights.
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Trademarks that are identical or similar to existing trademarks and may cause confusion will be rejected. Applicants can appeal against the rejection and request a review. They can provide evidence of overall readability differences and coexistent use to gain approval.
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If the trademark renewal is overdue, there is still a six-month grace period to complete the renewal. If it is not completed within the grace period, the trademark will be cancelled and cannot be restored. During the overdue period, if others file for trademark registration, you can raise objections or request its invalidation.
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The validity period of a registered trademark is ten years, starting from the date of approval for registration. It can be renewed twelve months before the expiration date, and each renewal will extend the validity period by another ten years. There is a six-month grace period for renewal after the expiration date.
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When something happens during a ride-sharing trip, the owner of the car is not always fully liable for compensation. According to Article 1217 of the Civil Code, compensation for goodwill passengers should be reduced, except in cases of intentional or gross negligence on the part of the driver. The reduction rate is usually between 30% and 50%.
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For a drunk driver who causes an accident, the compulsory insurance still needs to pay compensation within the limit (and the company can seek reimbursement), while commercial third-party liability insurance usually refuses to pay compensation and disclaims liability. Additionally, drunk driving also involves criminal liability, and the insurance does not exempt the driver from paying for rescue c...
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For hit-and-run accidents, the compulsory insurance still needs to be compensated within the limit, but commercial third-party liability insurance usually refuses to compensate under the exemption clause; the offender will also face administrative detention, criminal prosecution, and full liability determination. It is essential to avoid fleeing the scene of the accident.
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If an accident occurs without insurance coverage for compulsory motor vehicle liability insurance, the insured obligation party shall first compensate within the limits of the compulsory motor vehicle liability insurance, and the insufficient part shall be apportioned according to the degree of fault; the vehicle owner and the manager shall bear joint and several liability if they are at fault.
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