m law

Can China benefit from more deliberation on-line?

The month of May seems like a low point for academic freedom in China. Two academic conferences were postponed right before they began.  Asia Foundation's conference on corporate social responsibility (CSR) in Shanghai took the first hit after Fudan pulled out. Then, Fordham University conference on constitutionalism and democratisation followed after their joint partner, the China University of Politics and Law, withdrew less than a week before the conference were to begin.

Though these topics are more than sensitive as perceived by the Chinese government, but bitter medicine always works better for the system.  China will only benefit from these on-going dialogue regarding CSR and Constitutionalism.  China has a tremendous among of potential to bring about a civil society to its citizens.  If holding conferences are too confrontational for the government, perhaps the government can set up dialogue on-line to facilitate these exchanges.  The time is ripe to make a section of cyberspace a Chinaspace for politics and law with the rest of the international community.  On-line deliberation will help China to visualize itself as a country and understand better how it is in relation to the rest of the world, so as to facilitate its policy-making.

Surely, there are many factors which caused these valuable conferences to be cancelled. Perhaps it is China's retaliation to Washington's re-imposition of quotas on imports of three kinds of textiles made in China.

Blog Goddesses: Julie de Lespinasse and Gertrude Stein

Through their Salons, salonieres discussed and debated on their reasons supporting their own opinions. Salonieres supposed that their opinions would be revised through discussions with other salonieres. Therefore, their opinions are not simply a fixed outcome of their existing public or nonpolitical interests. This is the reason for deliberation so that new ideas emerge.  Back in the 18th centuries, salons were physical locations, though debates and discussions among salonieres existed in a forum beyond the human eyes. Today, on-line deliberation is achieving exactly that.

The legitimacy of democratic life hinges on the participation of its members in the community.  To move the 18th century salons on-line is what we need in this era to facilitate and translate citizen's interests so bring forth a democratic living, whether it is within the government or not. 

The recent French Salons exhibition at the Jewish Museum in New York prompted me to connect the idea of the Salons to on-line deliberation. Today, I was pleasantly surprised to find my fellow panelist, Elisabeth Richard from Public Works and Government Services in Canada, at Stanford University's On-Line Deliberation 2005/DIAC 2005 has the same idea. Actually, a film on on-line deliberation was produced by her office which included a section on Julie de Lespinasse and her salons.  Maybe Bloggers can consider calling themselves salonieres?!

Renminbi -- to peg or not to peg?

To peg or not to peg? It is in the eyes of the translator!  Two days ago, a mistranslation of a recent article from a Hong Kong press on the English version of the People's Daily website that Beijing was about to announce the RMB's peg to the dollar caused the Asian currencies and global equities to go up while the US dollar went down. 

On one hand, the reaction of the global market showed how sensitive traders are to the revaluation. On the other hand, it showed how influential the on-line version of the People's Daily is.  The People's Daily is the Party's official newspaper, and having it on-line and in English helps the rest of the world to get a glimpse of what China is thinking.  I wonder if the translator of the article realizes the power he/she possesses.

The Rise of IP Litigation in China

Alan Adcock of Rouse & Co. International's Shanghai office gave a very insightful and practical talk on Trade Secret Protection in the Workplace in China at the NYSBA International Property Law Section's International Law Committee meeting yesterday.  It is interesting to learn that IP litigation in China has risen over the years.  In 2003, it has increased 18.86% from 2002, and in 2004, 25.42% over the previous year.  If the enforcement trend is moving toward civil and criminal litigation, that means IP rights holders are moving away from using administrative actions which is one of the 3 (and traditional) ways to enforce IP rights in China. 

One of the reasons for this trend is that China has set up IP tribunals in major cities like BJ, SH, GZ and SZ.  (I visited DongGuan not far from Shenzhen two years ago and found myself amidst a gigantic industrial planet inhabited by manufacturers like Sony and Nike. It was surreal to see factory workers walking from the worker's dorm to the factory. They eat, sleep, play and work in the same complex.  I asked one of the factory owners about human rights violations in terms of working hours, living conditions, and contract terms. I was reassured over and over again during my visit that everything is according to the law.  But which sets of law are we talking about?)  These tribunals are presided by a 3-judge panel.  These judges are highly conversant and knowledgeable in IP regulations in China.  I asked our speaker after the talk how independent these tribunals are, and was told that they are all very independent. That's reassuring.

According to Adcock's experience, cities are divided into tiers according to their tribunal's level of sophistication on IP matters.  Surely, IP right holders would prefer to bring their cases in tier 1 cities like BJ, SH, GZ and SZ.  All the more better is that since forum shopping is now available. In 2002, there were 1053 IP cases heard in Guangdong, 707 in BJ and only 155 in Sichuan. 

It is so encouraging to see China moving to a more litigious society.  It will further encourage the rule of law and accumulate more experience in the society as a whole so that improvement can be made to create a better body of law.

The final kicker to this talk was that good BJ and SH IP lawyers charge USD200- hourly rate.  Time to move?

IP Enforcement Trends in China

Speaking of the devil (enforcement), this looks interesting to me: New Enforcement Trends in Chinese IP Protection and Practical Strategies for Trade Secrets on Friday, May 6.

http://www.nysba.org/IPChinaRoundTableMay6

China IP Law and Enforcement

Met with a China Customs Officer last week to learn about the current situation of IP enforcement.  Given the constant accusation of China being the No. 1 exporter of infringement goods, China has sufficient regulations from different Administrative Agencies, but the problem is about enforcement. For example, manufacturing facilities are often in locations hidden from the radar screen of the Public Security Bureau.  Also, manufacturers have become very sophisticated in exporting goods.  The officer showed us samples of tags for handbags covered up by a layer of tape with a non-trademark name on it. But once you peel off the tape, a trademarked logo/name is found.   Often, manufacturer's goal is profit-oriented not to act as a guardian for the rights of the TM holders. Perhaps more education effort is needed to bridge the gap of interest and value of the manufacturers who produce these goods.