If the agreed arbitration institution does not exist or the agreement is unclear, a supplementary agreement can be signed to re-select it; if no supplementary agreement can be reached, the arbitration agreement will be invalid, and the case will be brought to the court at the defendant's domicile or the place of performance of the contract for litigation.
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The enterprise can be given a lighter or mitigated punishment according to law if it takes the initiative to comply with regulations and make corrections: Article 32 of the Administrative Punishment Law stipulates that if the enterprise takes the initiative to eliminate or mitigate the harmful consequences, it shall be given a lenient punishment. It is advisable to make corrections as soon as poss...
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The principal amount of the fine generally cannot be reduced or waived afterwards, but it can be mitigated, applied for a deferral or paid in installments; the penalty for overdue payment is 3% of the principal amount per day, and the total amount cannot exceed the principal. It is possible to seek a reduction or waiver through an enforcement agreement.
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The company has the right to make a statement and defend itself if it is subject to administrative punishment. Article 45 of the Administrative Punishment Law stipulates that if the defense opinion is well-founded, it shall be adopted and the punishment shall not be aggravated because of the defense; for more severe punishments, the company may apply for a hearing, which must be submitted within f...
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The non-compete agreement without an economic compensation clause is not necessarily invalid: after the employee has fulfilled his obligations, he may request compensation equivalent to 30% of his average monthly salary during the 12 months prior to his departure. If the employer fails to pay the employee within three months, the employee may terminate the agreement. The maximum duration of the ag...
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Investment in intellectual property must be evaluated and transferred in accordance with the law. According to Article 48 of the Company Law, it can be evaluated using the income method, the market method, and the cost method. If the investment is not genuine, the difference should be made up. It is recommended to conduct a thorough investigation of the ownership before transferring the ownership.
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The pledge of a trademark requires that the trademark be valid and transferable, the principal creditor genuinely exist, and the trademark has been appraised and registered for pledge; the pledge right is established upon registration, and the priority of multiple pledge rights on the same trademark shall be determined according to the order of registration.
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Forging orders and fabricating reviews may be subject to a fine of not more than 1 million yuan. If the circumstances are serious, the fine shall be not less than 1 million yuan but not more than 2 million yuan, and the license may be revoked; the infringed party may claim compensation, and the organizers may also bear criminal responsibility if the circumstances are serious.
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The non-disclosure agreement is not necessarily invalid if the scope is not specified: The court shall, in accordance with the rules of contract interpretation in the Civil Code, determine the scope based on the actual knowledge of the trade secrets and the competitive relationship, and the term shall not exceed two years. The part exceeding the necessary limit shall be invalid.
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Whether AI-generated articles enjoy copyright protection depends on the human's creative contribution: purely automatically generated content is not protected, but content with substantial intellectual input can constitute a work. Platform contracts may affect ownership, and users should pay attention to proper labeling and avoid infringement risks during use.
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The list of sealed medical records shall specify the time, place, persons present, the number of pages of the medical record title, the form of the carrier, and be signed by both parties; the sealed medical records can be unsealed after three years, and the cost of copying the medical records can be charged. In the event of a dispute, the medical records should be sealed immediately.
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The sealed medical records cannot be opened without authorization. The opening of the sealed documents must be carried out in the presence of all parties involved. In litigation, the court may legally access the documents. The medical institution may open the sealed documents on its own only after the dispute is resolved or the sealing period of three years has passed. Anyone who opens the sealed ...
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The electronic medical records must be sealed after both the doctor and the patient are present to confirm and copy them. The sealed records should be stored in an independent and reliable medium, sealed jointly by both parties, readable but not modifiable, and with traceable operation records. All four technical conditions are indispensable.
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The sealing of medical records should be carried out in the presence of both the doctor and the patient, and a sealing list should be drawn up. The sealed documents shall be kept by the medical institution. If the sealing has been in effect for three years and the dispute has been resolved or no further claims have been made, the medical institution may open the sealed documents on its own. If the...
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Copies of medical records may only be charged for the cost of production, and the charging standards should be made public. The standards vary from region to region. It is not allowed to charge separately for the medical records themselves. If there are violations in charging, you can file a complaint with the hospital's complaint department, the health and health department, or the market supervi...
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