Both parties to the entrustment contract enjoy the right to terminate the contract at any time, but they shall compensate for the losses caused to the other party by the termination; in the case of a gratuitous entrustment, the party shall only bear responsibility in the event of intentional or gross negligence.
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The parties to a non-fixed-term contract may terminate it at any time, but they shall notify the other party within a reasonable period of time. For non-fixed-term leases, the parties must give reasonable advance notice before terminating the contract, and they shall not bear any breach of contract liability in this case.
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In the case of partial deliveries, if one batch is in breach of contract, the entire contract can only be terminated if that batch and all future batches fail to achieve the contractual purpose. According to Article 633 of the Civil Code, the matter shall be handled differently depending on the circumstances.
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If a party delays in performing its main obligations and fails to perform them within a reasonable period after being reminded, the other party may terminate the contract; there is no standard timeframe for a reasonable period, and the right to terminate the contract must be exercised within one year after knowing the relevant facts. It is recommended to send a written reminder to keep a record of...
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If the breaching party sues to terminate the contract, the compensation shall be limited to the actual losses of the performing party, including direct losses and expected benefits. According to Articles 566 and 584 of the Civil Code, the breaching party shall still bear the liability for breach of contract.
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In principle, the party in breach of contract does not have the right to rescind the contract. However, according to Article 580, Paragraph 2 of the Civil Code, if the performance of a non-monetary obligation cannot achieve the purpose of the contract, the party may request the court or arbitration institution to terminate the contract and bear the corresponding responsibilities.
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If one party breaches the contract and the other party profits from it, whether the profit can be offset against the compensation depends on whether it is caused by the breach of contract, foreseeable, and not repeated; and the compensation shall be limited to the losses according to Articles 584 and 591 of the Civil Code.
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The loss of the price difference due to the fall in the market price shall be calculated based on the foreseeable benefits that the breaching party could have obtained at the time of contract signing and the actual disposal difference. According to Article 584 of the Civil Code, the loss caused by the breach of contract shall be limited, and the party in compliance with the contract shall mitigate...
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If the unit fails to award the inventor with a reward, the inventor can seek legal protection in accordance with the law. According to Article 15 of the Patent Law, the unit has the obligation to provide the inventor with a reward and compensation for their work-related inventions. The inventor can file a complaint, seek mediation, or initiate arbitration or litigation, the key point being to prov...
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The remuneration for invention awards in the workplace is subject to an agreement, and if there is no agreement, it shall be in accordance with the statutory minimum standards set forth in the Implementing Regulations of the Patent Law: the bonus for invention patents shall not be less than 3,000 yuan per item.
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There is a six-month grace period for late payment of annual patent fees, during which the fees can be paid retroactively. If the fees are not paid after the grace period expires, the patent rights will be terminated. If the patent rights are terminated due to exceeding the deadline, it is possible to request to restore the rights on the basis of legitimate reasons.
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When claiming national priority in a patent application, the applicant must file a similar application on the same subject matter within twelve months from the date of the first application, submit a written statement and provide a copy of the original application. In this case, the original application will be deemed to be withdrawn.
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The application for patent division should be submitted before the patent is granted. According to the unity requirement of the Patent Law, if there is a lack of unity, the patent can be divided and the original filing date can be retained, but it must not exceed the scope described in the original application.
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If the side effects of the experimental drug cause disability, the patient can file a claim against the sponsor and the institution according to the liability for medical damage in the Civil Code and the Drug Administration Law; the key points are informed consent, causality identification, and the three-year statute of limitations for litigation.
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Before conducting clinical trials of drugs, it is required by law to sign an informed consent form. According to Article 1008 of the Civil Code and GCP, the risks must be disclosed and the subject must give written consent. The informed consent form is not a disclaimer, and signing it does not exempt the institution from its legal responsibilities.
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