Frequently Asked Questions

01 2026-10

How to distinguish between claims of a change in circumstances and those of force majeure?

Force majeure refers to an objective situation that is unforeseeable, unavoidable, and insurmountable, which may partially or fully exempt a party from liability. A change in circumstances refers to a significant change in the basic conditions of the contract that results in a manifestly unfair outcome, requiring prior consultation before requesting a modification or termination of the contract.

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01 2026-10

What should I do if the guarantee contract does not stipulate the guarantee method?

Where the guarantee contract does not stipulate or the stipulation is unclear, the guarantor shall bear liability in accordance with Article 686 of the Civil Code as a general guarantee, and the guarantor shall enjoy the right of prior defense; where the guarantee period is not stipulated, it shall generally be six months from the date of expiration of the performance period of the principal oblig...

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01 2026-10

Will a registered trademark be revoked if it is not used for three consecutive years?

If a registered trademark is not used for three consecutive years without a valid reason, any unit or individual may apply for its revocation. According to Article 49 Paragraph 2 of the Trademark Law, the trademark owner must submit evidence of use within two months after receiving the notice, and if they disagree with the decision, they may request a review within 15 days.

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01 2026-10

How to protect one's rights against counterfeiting of an appearance design patent?

If the design of a product is plagiarized, the owner can file a complaint to have it removed from the market, initiate administrative investigations, or file a lawsuit. According to Article 71 of the Patent Law, the compensation range is between 30,000 yuan and 5 million yuan. For serious intentional infringements, punitive damages of 1 to 5 times the actual damages may be imposed.

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01 2026-10

How to recover a domain name that has been maliciously squatted?

If a domain name is preemptively registered by others, the owner can initiate a domain name dispute resolution process or file a lawsuit to reclaim it. If the owner can prove four conditions - prior rights, potential confusion, lack of legitimate interests, and malicious registration - the court may order the transfer of the domain name.

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01 2026-10

Is there any legal risk in using open-source software commercially?

It's not necessarily illegal to commercialize open-source software, but violating the license terms constitutes infringement. The GPL and AGPL require that derivative works be open-source, and releasing the software commercially without making it open-source may result in being ordered to stop using it and pay compensation.

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01 2026-10

Who is responsible for infringing others' trademark rights during live-streaming sales?

Selling infringing products during live-streaming sales is a violation of the law. The merchant is primarily responsible, the live streamer who knows or should have known about the infringement bears joint and several liability, and the platform that fails to fulfill its review obligations shall bear corresponding responsibilities. For claims, the punitive damages can be claimed in accordance with...

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01 2026-10

Do patients who are caught defrauding medical insurance need to bear legal responsibility?

Patients who fraudulently use medical insurance cards or conceal third-party compensation to defraud insurance must be held accountable: According to Article 88 of the Social Insurance Law, they shall be required to return the funds and be fined two to five times the amount involved. If the amount is large, they shall be guilty of fraud under Article 266 of the Criminal Law.

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01 2026-10

Can I claim compensation if the dental implant surgery fails?

If the dental implant fails, the patient can claim medical damages in accordance with Articles 1218 and 1221 of the Civil Code, or hold the dentist liable for breach of contract under Article 577. It is necessary to determine the fault and causality, and the statute of limitations for litigation is three years.

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01 2026-10

How can I protect my rights if the hospital fails to inform me about the use of self-paid drugs?

The hospital used self-paid drugs without informing the patient, which violates the patient's right to informed consent. According to Article 32 of the Basic Medical and Health Promotion Law and Article 1219 of the Civil Code, the patient can claim a refund of the expenses and seek compensation.

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01 2026-10

Is the hospital liable for compensation in the event of a post-operative infection?

Postoperative infection does not necessarily mean that the hospital is liable. The hospital's liability must be determined through an appraisal process that assesses its fault and degree of involvement. According to Articles 1218, 1221, and 1222 of the Civil Code, compensation is awarded based on the hospital's degree of involvement.

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01 2026-10

Who is responsible if there are problems with purchasing medication using electronic prescriptions?

If a patient suffers losses from purchasing medication based on an electronic prescription, they can file a claim against the seller or manufacturer in accordance with Articles 1202 and 1203 of the Civil Code. The "Supervision and Management Measures for Online Drug Sales" came into effect on December 1, 2022, requiring that prescriptions must be reviewed and approved before being dispensed.

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01 2026-10

Who should be held responsible for the damages caused by doctors practicing in multiple places?

In principle, if damages are caused by multi-point practice, the hospital where the patient was actually treated shall first compensate the patient; if the patient claims damages in accordance with Articles 1218 and 1221 of the Civil Code, the hospital shall then recover the damages internally according to the agreement or the fault, and the statute of limitations for litigation is three years.

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01 2026-10

After the patient signs a consent form refusing treatment, is the hospital responsible if the patient dies?

Signing the consent form to refuse treatment does not mean that the hospital is exempt from liability; according to Article 1224 of the Civil Code, if the family does not cooperate, the hospital's liability may be reduced, but the hospital still needs to compensate according to the proportion of its fault.

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01 2026-10

How to confirm the ownership of a house that has not gone through the transfer of ownership?

Not transferring ownership does not mean losing rights; if the contract is valid and enforceable, the party should sue to assist in the transfer of ownership. If the registration does not match the actual rights holder, a lawsuit for confirmation of property rights can be filed, and it is necessary to fix the investment and title certificate evidence as soon as possible.

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