经管学会网盘pre

1、How to win the LitigationFirst, about the validity of the extension of the contract.The 52nd article of the Contract law regulates that the contract will get invalid on condition that situations as follows appear.First , one side signs the contract by threatening or swindling the other side and harm

2、 the national interests.Second , collude maliciously and harm the benefits of our nation , collectivities or another third party.Third, conceal the illegal purpose by legal means. Four , damage social and public interests.Five, obey the compulsory rules of laws and administrative regulations.第五十二条有下

3、列情形之一的，合同无效：（一）一方以欺诈、胁迫的手段订立合同，损害国家利益；（二）恶意串通，损害国家、集体或者第三人利益；（三）以合法形式掩盖非法目的；（四）损害社会公共利益；(五）违反法律、行政法规的强制性规定。合同法The 8th article of Law on Protection of rights and Interests of Consumers regulates that consumers are entitled to know about the real information of the product they will purchase or use, o

4、r service they will be received.第八条消费者享有知悉其购买、使用的商品或者接受的服务的真实情况的权利。消费者权益保护法擅自使用知名商品特有的名称、包装、装潢，或者使用与知名商品近似的名称、包装、装潢，造成和他人的知名商品相混淆，使购买者误认为是该知名商品；While their executive renew our contract because of bribe-taking , our extension does favor to the development of the old brand and its globalization. Conve

5、rsely, if the extension is cancelled and WLJ use our pack to produce and sell their own products, consumers purchase it because of taking it for granted that the product with similar pack has the same recipe and taste. It , to some extent, may obey the transparency and honesty principle and harm con

6、sumers interests. In addition ,the 2nd article of anti-unfair competition law regulates that operators are banned from using the name ,packaging and decorations peculiar or similar to well-known goods without authorization , in case that it cause consumers to confuse the product with the famous one.

7、 It is reasonable for us company to suspect that their behavior is unfair competition action.Second , about the trademark ownership.第一章总则第一条为了加强商标管理，保护 HYPERLINK /chanquan/shangbiaofa/shangbiaozhuanyongquan/ t _blank 商标专用权，促使生产、经营者保证商品和服务质量，维护商标信誉，以保障消费者和生产、经营者的利益，促进社会主义市场经济的发展，特制定本法。第七条商标使用人应当对其使用商

8、标的商品质量负责。各级工商行政管理部门应当通过商标管理，制止欺骗消费者的行为。 The 1st active in the general principle of the laws of Trademark regulates that the purpose to set this law is protecting the exclusive rights to use the trademark and thus impelling the producer and operator ensure the quality of their products or services ,s

9、o as to protect consumers ,producers and operators interests and thus to promote the social and economic development.The 7th active regulates that legal person using the trademark should be responsible for the quality of their product .Meanwhile, industrial and commercial administrations of all leve

10、ls should prevent it from deceiving consumers by trademark management.Apparently ,the main reason why our drink is so popular is that it caters for the meets and tastes of general consumers. We hold our own recipe and we can guarantee the consistent style and taste of the product. However, they cant guarantee that as long as they obey the related laws and dont copy ours. Therefore ,the trademark belongs to us.What if we loseit depends