RESEARCH

DeBund | Under Outbreak of Coronavirus, What Should I Do with My Contract?

Wang HaiChuan2020-02-06 18:14:15
Facing the epidemic of the coronavirus, some people are thinking about how to spend the extra 10-days’ holiday, while some others are worrying about what to do with their contracts. For example, Shanghai Government requires local enterprises not to restart work before 24:00 of February 9th, as a result, it is possible that some contracts could not be performed on time or be performed at all. This may bring about a series of questions: whether the party who could not perform the contracts should undertake the liabilities for breach of contract, whether the performance of contracts could be postponed, whether the contract could be terminated, and how to bear the losses after the contract is terminated.
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DEBUND LAW REVIEW
On the 31 Jan. 2020 local time the New England Journal of Medicine, a US medical journal published a study report of clinical features of the first confirmed US novel coronavirus infection case. In this case the patient felt better after taking the Gilead Scientific Company’s anti-virus drug which was still in the R&D stage and used by doctors on “compassionate” grounds. According to recent postings on social media, the US agreed to grant patent immunity for the new drug, allowing China to copy it. It attracted my interest. What is patent immunity? Is the eagerly anticipated drug Remdesivir tested in the clinical trial in China a case of patent immunity?
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The new Personal Income Tax Law took effect on 1st January 2019, which was followed by a set of relevant rules, for example, the Regulations for the Implementation of the Personal Income Tax Law and the Temporary Rules on Special Expense Deductions Relating to Personal Income Tax. We should be prepared for the effect of such rules on individual tax payment obligations of foreign passport holders or people with permanent residence in a foreign country. I have been asked for advice on this several times. This article is intended to list and give brief answers to frequently asked questions by taking into account the above new rules and other laws and regulations now in effect.
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According to a news report, Bruce Lee Enterprises, LLC (“Bruce Lee Company”) represented by his daughter recently sued the big restaurant chain Guangzhou Real Kung Fu Restaurant Co., Ltd. (“Real Kung Fu Company”) to the Shanghai No.2 Intermediate Court, claiming that the company should immediately stop using the image of Bruce Lee, pay damages of 210 million and declare that it had no relationship with Bruce Lee on a publication for consecutive 90 days.
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Most businesses especially large ones need to remove negative online information, which in addition to criticisms for their products and services, may also include false information and libel. Businesses need to keep informed of and monitor trends of opinions of the public and often commission public relations agencies to do related activities for them. According to relevant legal interpretations, “paid removal of postings” could be convicted of the crime of doing business illegally. Our lawyer Zhang Qianlin writes a summary of criminal risks and mistakes in “paid removal of postings”.
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Several Cases Represented by Our Lawyers Are Selected as Top Ten Classic Cases of the Year 2018 in China

The “Gesture Unlock patent right case” represented by our lawyers was selected by the website of people.cn as one of “top ten classic patent cases of the year 2018”. Another two cases represented by our lawyers including the case of a housemaid in Hangzhou committing arson and the parrot case in Shenzhen are among “top ten classic criminal cases of the year 2018” selected by editors of the People’s Court Daily.
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DeBund Company Law Team Represents an Investment Consultant to Win an Investment Consultant v. Private Fund Manager Securities Investment Consulting Case Decided by the Appeal Court

securities investment consulting case recently decided by the appeal court. Private fund managers have collected money from a wide range of people in society for securities investment by issuing contract funds since the Temporary Rules on Regulation and Administration of Private Funds took effect on August 21st, 2014.
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Lv Xuanxuan, People Supervisor and Lawyer of DeBund Law Offices is Publicly Praised by Shanghai Bureau of Justice

The people supervisor system is established by the people's procuratorate to improve the ability to administer law and handle criminal cases and ensure the procuratorate functions legally and properly, in which people supervisors chosen from the public supervise the work of the people’s procuratorate on criminal cases.
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About DeBund
DeBund is a partnership law firm mainly providing legal services concerning foreign affairs. It is also a patent agency, which structure has been granted by the State Intellectual Property Office.
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