Frequently Asked Questions

09 2026-10

Which of the two contracts, the official contract and the unofficial contract, is valid?

In the case of a "yin-yang contract", the price terms of the "yang contract" that are fictitiously set to avoid taxes are invalid due to their false intent and violation of mandatory regulations; the actual transaction is performed according to the "yin contract" and taxes are paid based on the actual situation, in accordance with Articles 146 and 153 of the Civil Code.

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09 2026-10

Is it illegal to register a celebrity's name as a trademark?

If registering a celebrity's name as a trademark infringes on the prior right to use the name or is a malicious attempt to register a trademark that affects others, it should not be registered according to law. The trademark can be challenged or declared invalid, and the rights and interests can be protected in accordance with Articles 13, 32, and 44 of the Trademark Law.

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09 2026-10

How to deal with a trademark being challenged by others?

If a trademark is subject to an objection, a response must be submitted within a three-month response period. Evidence should be provided to demonstrate that the trademarks are not similar or likely to cause confusion, and that the trademarks are being used in good faith. If necessary, a lawyer should be engaged to assist with the process.

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09 2026-10

The copyright of commissioned works belongs to the employer or the individual?

Generally, the copyright of official works belongs to the author, and the unit has the priority to use them. For special official works, the author is only listed as the author, and the rest of the rights belong to the unit, with the contract stipulating the priority of use.

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09 2026-10

Can a design patent and a copyright simultaneously protect the same product?

The design patent and copyright can simultaneously protect the appearance of the same product. The patent protects industrial applications, while the copyright protects original expressions. The two are parallel and complementary to each other.

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09 2026-10

What should a company do if its business name conflicts with a trademark registered by others?

The conflict between an enterprise's trade name and another person's registered trademark does not necessarily constitute infringement. The key lies in whether it is likely to cause confusion or exploit the goodwill of others. The parties may negotiate coexistence, file an objection or request a declaration of invalidation, and seek legal protection through litigation.

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09 2026-10

Can I claim compensation for injuries caused by cupping and scraping therapy?

For claims arising from injuries sustained during cupping and scraping therapy, it is necessary to prove the institution's fault and the causality of the damage. According to the Tort Liability Chapter of the Civil Code, compensation can be requested. It is essential to promptly secure medical records, surveillance footage, and payment records, and to apply for an appraisal.

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09 2026-10

Who is responsible for accidents involving patients participating in clinical trials?

The patient's participation in the clinical trial was compromised, and the sponsors, medical institutions, and researchers shall be held legally responsible. It is recommended to seal the data, keep the consent forms, and file a complaint with the regulatory authorities.

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09 2026-10

When an elderly person participates in a free physical examination and gets injured, should the organizing party be held liable for compensation?

The elderly person fell down during the free physical examination and the organizing party should compensate for its failure to fulfill its obligation of ensuring safety. Public welfare activities may reduce but not necessarily exempt from liability. It is recommended to fix the evidence at the scene and seek medical treatment immediately.

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09 2026-10

Who is responsible if a baby gets injured while taking a bath in a maternity and baby store?

The baby was injured while taking a bath in the maternity and baby store, and the store, as the operator, has the obligation to ensure safety. If the injury is caused by operational or facility defects, the store should compensate. It is recommended to keep the surveillance footage and seek medical treatment immediately.

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09 2026-10

If an employee gets injured while participating in a sports event organized by their employer, is it considered a work-related injury or a case of infringement

In general, injuries sustained during sports events organized by the unit are recognized as work-related injuries, and third-party infringements may lead to parallel civil compensation. It is recommended to keep the organizational evidence, seek medical treatment promptly, and apply for work-related injury recognition.

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09 2026-10

If a customer suffers from a disfiguring allergic reaction after trying on cosmetics, do the retailers have to compensate them?

If you experience a disfiguring allergic reaction after trying on cosmetics, and if the product has defects or fails to meet safety standards, the merchant should compensate you according to product liability laws. It is recommended to seal the samples, seek medical examination, and file a complaint or lawsuit against the manufacturer.

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09 2026-10

Can I claim compensation for medical damages if I get injured while getting a beauty treatment at a salon?

It is necessary to distinguish between medical cosmetology and lifestyle cosmetology. If medical cosmetology causes harm, the victim can claim medical damage liability in accordance with Article 1218 of the Civil Code; if lifestyle cosmetology causes harm, the victim can generally claim compensation in accordance with general tort law, service contracts, and the Consumer Protection Law.

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09 2026-10

Are the public revenues of the residential community owned by the owners or the property management company?

In principle, the jointly owned parts of the property belong to all owners. According to Article 282 of the Civil Code, the income generated from the jointly owned parts of the property, after deducting reasonable costs, belongs to all owners.

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09 2026-10

Is it legal for the property management company to increase the property fees without authorization?

Unilateral price increases are generally illegal. According to Article 278 of the Civil Code, adjusting property fees is a matter that requires the joint decision of all owners; Article 944 stipulates that owners shall pay the fees according to the agreement, and the property management company shall not cut off water and electricity to collect fees.

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