To invoke the right of defense, it is necessary to prove that the necessary preparations for manufacturing and use had been completed before the application date and that the manufacturing and use only continued within the original scope. According to Article 75 of the Patent Law, the burden of proof lies with the alleged infringer.
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An invention made within one year after leaving the job that is related to the original unit's main duties or assigned tasks may be recognized as a service invention, and the patent ownership belongs to the unit. The core of the dispute lies in the completion time and evidence.
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If a patent is rejected, the applicant may request a review within three months after receiving the notice. If the applicant disagrees with the review decision, they may file a lawsuit within three months. They may also evaluate and modify the application documents (without exceeding the scope), split the application into separate cases, or re-apply for the patent.
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If a trademark is preemptively registered by others, the following legal remedies are available: raising an objection (with a three-month public announcement period); declaring the registration invalid (within five years after registration, and there are no restrictions on maliciously registering well-known trademarks); and initiating the "three-year revocation procedure". It is necessary to colle...
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There are four aspects to determine whether a legal consultant is professional: verifiable professional qualifications, matching field experience, process standardization (conflict of interest and confidentiality review), and transparent fees. The 2017 amendment to the Lawyers Law stipulates mandatory requirements for practicing lawyers.
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The evaluation of medical damages usually takes one to three months, and complex cases may be extended to more than half a year. The appraisal institutions should decide to accept the application within seven working days, and the period shall not be included in the time limit for trial. It is recommended to seal the medical records as soon as possible and apply for the appraisal as soon as possib...
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Upon notice from the court, if the appraiser refuses to appear in court to give evidence without a valid reason, the appraisal opinion shall not be used as the basis for determining the facts, and the appraisal fees already paid may be requested to be refunded; the parties have the right to request the appraiser to appear in court.
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The process of initiating a lawsuit by a unilateral pre-litigation commission is quick, but the probative force of the evidence is limited. Applying for a court-commissioned investigation during the litigation process is more reliable and has a higher credibility. It is recommended to first seal the medical records, and if no agreement can be reached, then apply for a court-commissioned investigat...
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When multiple appraisal conclusions conflict with each other, the court shall conduct a comprehensive review based on the qualifications, procedures, and sufficiency of the basis, and shall not take the latest one as the standard. A re-appraisal must comply with the statutory circumstances, and the parties may apply for the appraiser to appear in court for cross-examination.
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When the appraisal fails to reach a conclusion, the court shall make a judgment based on the existing evidence, the burden of proof, and medical treatment standards; if there are objections to the cause of death, an autopsy shall be conducted within 48 hours, and if the medical records violate regulations, the hospital may be presumed to be at fault.
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When the appraisal opinion conflicts with the medical records, the court shall review and judge it based on the evidence of the whole case; if the medical records are concealed, forged or tampered with, it can be presumed that the hospital is at fault. The patient's party may apply for a document appraisal and seal the medical records to fix the evidence.
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If the party concerned has objections to the appraisal opinion, he/she may request the appraiser to appear in court to testify. The opinion that refuses to appear in court shall not be used as the basis for determining the facts; he/she may also raise written objections and request a re-appraisal.
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Generally, owners cannot refuse to pay property management fees if the property services are not provided as agreed. Owners who have received the agreed services should pay the fees. If the service provider seriously breaches the contract, owners may claim a reduction in fees or compensation separately, and refuse to pay the fees or bear the breach of contract penalties.
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If a property owner fails to pay the property management fees for a long time, the property management company may issue a notice to the owner and then sue or apply for arbitration to recover the arrears. The statute of limitations for property management fees is three years, and the owner may also be required to pay a breach of contract penalty and legal fees if they refuse to pay.
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The lessee shall expressly indicate his intention to purchase within 15 days after receiving the notice of sale, and any delay shall be deemed as a waiver; if the lessor fails to give notice, the lessee may request compensation in accordance with Articles 726 and 728 of the Civil Code.
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