Tag Archives: liability for breach of contract

Was Tencent’s Unverified Non-Competition Agreement Illegal?

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(By You Yunting)  Abstract: Many of Tencent’s non-competition contracts, recently reported online are likely not real due to obvious invalidity. If the contracts were genuine, one might wonder about the intelligence and morality of Tencent’s managers and officers. These agreements are arrogant, domineering, selfish and largely ignorant of relevant laws. It is hard to imagine how these contracts could come from a listed company with billions of dollars. Additionally, Tencent could possibly be required to pay large amounts of compensation to departing employees in order to fully comply with the relevant laws.

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An Unregistered Trademark can be Licensed to Another Party for a Fee

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Abstract: An unregistered trademark may lawfully be licensed to another person. If any third party had registered the trademark, the licensor’s actions will constitute a breach of license contract. Except where the licensor has committed obvious fraud, the validity and effectiveness of such a license contract upon unregistered trademarks cannot be denied.

(By Luo Yanjie) Generally, a trademark in a trademark license should be registered before it is licensed to any other party. However, in today’s post, we will discuss a particular case there the trademark licensed was unregistered at the time the license was concluded. After being heard by two courts and the Supreme Court, such a trademark license contract was ruled to be valid. The following is our analysis.

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