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How to Design Liability Clauses of Contract Clauses in Commercial Contracts in China?
09 Dec
Posted in Commercial law

How to Design Liability Clauses of Contract Clauses in Commercial Contracts in China?

Answer: Liability for breach of contract refers to the responsibility that a party shall bear to the other party when it violates the obligations stipulated by the contract or the law after the contract is signed. Under the Civil Code, there are two provisions classifying contractual breach liability: Article 577 provides three types—specific performance, taking remedialRead more about How to Design Liability Clauses of Contract Clauses in Commercial Contracts in China?[…]

Can a Licence Agreement Vest Ownership of Licensee-Developed Technology Improvements in the Licensor?
04 Dec
Posted in Legal Practice

Can a Licence Agreement Vest Ownership of Licensee-Developed Technology Improvements in the Licensor?

Answer: A technology licensing agreement is typically a contract in which the licensor grants the licensee the right to use patents and trade secrets for a fee. During the performance of the contract, the licensee may make improvements to the technology. Under Chinese law, the ownership of the improvements made by the licensee differs fundamentallyRead more about Can a Licence Agreement Vest Ownership of Licensee-Developed Technology Improvements in the Licensor?[…]

Shenzhen New Labor Law Judgment Guideline
21 May
Posted in Employment law

Shenzhen New Labor Law Judgment Guideline

This Guideline has the following characteristics: 1. The Guideline is very rich in content and has 117 clauses with more than 29 thousands characters including 15 thousands of explanation so that it will be easier to be understood. 2. The Guideline is a combination of past guidelines of the Shenzhen Intermediate Court or meeting minutes of Shenzhen Labor Arbitration committee. 3. The Guideline is also a written confirmation of many practice in judgment, for example, employment shall be transferred into service contract once employee is over retirement age.