In recent years, the Legal Services Department has successfully carried out its work with the support of the readers. It has successfully handled more than 600 complaints and telephone consultations, including more than 500 contract disputes, accounting for 83%. A total of more than 20, accounting for 3%, more than 60 labor disputes, accounting for about 10%. He has written more than 100 case studies on various issues accepted. Now I will conduct a comprehensive analysis of the cases in the past year, hoping to draw lessons and references for the readers.
Quality dispute: supply and marketing contract is the key
In contract disputes, mainly due to quality disputes and payment. The dealer bought a batch of lamps from somewhere, and then found quality problems and negotiated with the manufacturers.
related analysis:
So how do you protect your legitimate interests as a buyer? First of all, buyers and sellers can sign a comprehensive contract to clarify the rights and obligations between the two parties, thereby reducing and preventing disputes. Some operators may think that the actual transaction situation of the lighting market in Guzhen is based on the signing of orders. It is not operational at all to sign a comprehensive and standardized contract for each transaction. This idea makes such disputes happen frequently.
Lawyer Comments:
We believe that if the dealer has a long-term business relationship with the manufacturer or intends to establish long-term business contacts, the dealer can sign a long-term supply and sales contract with the manufacturer, and stipulate in the contract the quality standards that the product should meet and the quality problems found. solution. When there is a quality problem, you can avoid the situation of the two parties, and you can directly ask the Other party to take remedial measures (such as repair, replacement, etc.) according to the contract, which is beneficial to solve the problem. Maintain the cooperative relationship between the two parties, so as to reduce and prevent the occurrence of disputes. Second, after the contract is signed, it is necessary to exercise its rights in a timely and effective manner. If the buyer should do a good job in quality inspection, and then confirm that the goods have no quality problems, then receive the goods and payment, and do not wait until the goods are received for a period of time or have been paid before the quality problem. Find problems in time, solve problems in time, and avoid unnecessary losses.
Occurrence index: ★★★★★
Payment dispute: credit must become the foundation of cooperation
The payment problem of Guzhen Lighting Market is concentrated in the following cases: the seller has received the payment or delayed delivery; the buyer cannot contact the seller after payment; the buyer does not pay or pay less after the seller delivers.
related analysis:
In the above cases, the obvious problem of payment is due to the lack of basic credit between buyers and sellers. The most fundamental solution to this situation is that everyone is doing business in the principle of honesty and credit, and strives to create a market environment of integrity. However, the formation of this market trend requires long-term efforts, which cannot be achieved overnight. .
Lawyer Comments:
For the time being, buyers and sellers can share the risk by arranging payment or delivery methods. For example, the two parties can agree that the buyer will pay part of the purchase price first, and after the seller delivers the goods, the buyer will pay the full payment. This allows the risk to be shared so that both parties can build a better foundation of trust and cooperation. In addition, for small transactions that are common in the market, it is recommended to deliver goods and pay the goods on the spot as much as possible, so as to avoid giving people with ulterior motives a chance.
Occurrence index: ★★★★★
Intellectual property disputes: lack of self-protection awareness
Intellectual property disputes are concentrated on infringement of design, technical solutions, etc., mainly infringing on the patent rights of Others (including design), products developed by themselves or hired, designs being counterfeited, and so on. These situations are generally caused by the lack of self-protection awareness of the parties and the negligence in management. In fact, if the right holder already owns a certain patent right, it should also establish a corresponding mechanism, pay close attention to the market, find that the infringement takes protective measures in a timely manner and protect its own rights; if a certain design, technology, etc. has been developed, it should be as soon as possible. Apply for the protection of intellectual property rights according to law; if you do not want to disclose your own technology by applying for a patent, you should strengthen the confidentiality of technical secrets.
Occurrence index: ★★★★
Labor Disputes: Using Law to Protect Legal Rights Labor disputes mainly focus on work-related injuries and laborers' violation of the rights of employers and employers. Workers use their authority to obtain technical materials and customer information. If workers are unfortunately injured in work accidents, they should pay attention to the preservation of evidence and the ways and procedures for resolving disputes in order to effectively protect their legitimate rights and interests. As for the latter, employers or employers should take appropriate and effective measures to safeguard their legitimate rights and interests, and workers should also strengthen their legal awareness. They must not ignore the law and violate the legitimate interests of employers or employers. Otherwise, What will be obtained will be legal sanctions.
Occurrence index: ★★★★
(Legal Services Department)
Related Links
Siemens "malicious cybersquatting" event
protagonist:
Siemens (including Bosch-Siemens and Siemens affiliated companies) maliciously smuggled seven Chinese companies such as Hisense and Donglin
Event playback:
Siemens squatted trademarks maliciously apparently after the “Hisense/Hisense†won the honorary title of well-known trademarks. In 1999, Bosch-Siemens registered the “Hisense†trademark without any distinction in Germany. In June 2001, Osram, a wholly-owned company of Siemens, rushed to the "Firefly Firefly" trademark of Xiamen Donglin Company in Germany. Up to now, Guangdong Foshan Lighting Company's "FSL" trademark, Shanghai Deshi company "ECOLUX" trademark, Shanghai Orly company "ORION" trademark, China Light Qingdao Branch "RUBY" trademark, Guangzhou Suizhixing company "GERLITE" The trademark has been squatted by Siemens Osram.
related information:
This kind of planned and purposeful malicious cybersquatting behavior completely violates the principle of fair competition, violates business ethics, and violates the Paris Convention and WTO rules. This method is extremely bad. The plagiarism of original trademarks violates the spirit and principles of intellectual property law. This is not only an obstacle to the internationalization of Chinese brands, but also a serious threat to the competitive order of the modern international market.
Comments:
Professor Dong Yulin, director of the China Trademark Association Expert Committee, believes that over the years, China’s reform, opening up, and rapid development have provided a very good and broad market for foreign companies. Foreign companies have enjoyed many benefits in China and have gained a lot of practical interest. However, multinational corporations such as Siemens, on the one hand, have obtained significant economic benefits from the development of China's economy, while on the other hand they have been planning for a long time, rushing to the trademarks of many Chinese companies. Liu Chuntian, vice president of the China Trademark Association and a professor at Renmin University of China, believes that for trademark disputes that have gone to the lawsuit, I hope that Chinese companies can make up their minds and work hard. At the same time, we must also recognize the arduousness and complexity of things. But it is necessary to improve their intellectual property protection and legal awareness so as to avoid similar incidents.
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