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International Law

China Hearsay

Commentary and analysis of law and business in China.
By Stan Abrams

Post Frequency: 8.4/day

Last Entry: May 03, 2010 at 11:04:24

Whither China Outsourcing?

Posted on August 25, 2009
Has the recession changed global manufacturing and trade so much that companies may be rethinking how and where they make products? This was the focus of a recent WSJ article: Farouk Shami, a Palestinian-born hairdresser who built a $1 billion manufacturing company around a popular line of hair irons, is moving all of his production [...

Online Copyright Infringement: The View From Hong Kong

Posted on August 25, 2009
IP Dragon, now coming to you from Hong Kong, reports on the following data: 60 percent of young people in Hong Kong download films or music illegally, according to Hong Kong Federation of Youth Groups (HKFYG) survey. 17 perent of 559 respondents aged 10 to 24 were unsure whether they were breaking copyright law...

China Online Infringement ? Future Looking Brighter For Owners

Posted on August 24, 2009
Notwithstanding some well-publicized enforcement cases involving foreign IP owners, the path to success involves domestic copyright owners. This is obvious. Before we can move to an enforcement system that has sufficient resources, has well trained officials, and is devoid of political interference, we will have to deal with the present flawed (but improving) framework...

An Exception To My Usual Rule ? Some China Patent Statistics

Posted on August 24, 2009
I usually don’t bother posting the latest statistics from the State Intellectual Property Office, the Trademark Office, or the Ministry of Commerce. Too hard to decipher, too easy to question, and not enough detail from which to make useful conclusions...

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Tomato Garden Windows Piracy Case

Posted on August 24, 2009
This case broke late last week, and I’ve been trying ever since to figure out something significant to say about it. The global software industry was on Friday celebrating what it said was a landmark victory against Chinese piracy after a district court sent four men to prison and handed them hefty fines for [...

1st Web-based Court in Shanghai

Posted on August 24, 2009
Shanghai No.1 Intermediate People’s Court has launched the first Internet court in China to turn the traditional face-to-face trial into a “keyboard-to-keyboard” one of the information age. This Internet lawsuit service platform covers various convenient legal services and the entire legal proceedings, including online registering, online inquiries, contacts with judge, online mediation, [...

Keeping the Bubble Inflated

Posted on August 22, 2009
Shanghai-listed Chinese stocks on Thursday won back all of the previous day’s steep losses but volatility likely means regulators are considering what else they can do to support the market. Fearing that the abundant flow of new loans in the first half of the year will taper off, investors knocked down the Shanghai [...

WB Study on Beijing?s Suburban Sprawl

Posted on August 21, 2009
Beijing’s transit development is at a crossroads. The capital of the world’s largest emitter of greenhouse gases is in danger of locking itself into a pattern of Los Angeles-type sprawl with ever-rising CO2 emissions, a new World Bank study finds...

Rule of Law: The Internet and Public Pressure

Posted on August 21, 2009
Been sitting on this issue for a couple weeks as it is not time sensitive. Two things set me to cogitating on this recently. The first was all the ink spilled on the Green Dam web filter story, specifically how the government’s decision to pull back and not mandate that all PCs sold in China would [...

Obama Admin and Compulsory Licensing in China

Posted on August 21, 2009
This issue comes up every now and then. Several laws in China, including the Anti-monopoly Law and the Patent Law, allow for compulsory licensing of IP. This essentially means that under certain circumstances, the government may grant a third party a patent license even without the approval of the IP owner...

China Supreme Court Gets in on the Corruption Game

Posted on August 21, 2009
A former Chinese supreme court vice president was stripped of his membership of the Communist Party of China (CPC) for corruption, the CPC disciplinary watchdog said Friday. Huang Songyou, former vice president of the Supreme People’s Court, was also dismissed from all his official positions, said a statement from the Communist [...

Beijing Graffiti - What?s the Real Message?

Posted on August 21, 2009
Here’s AFP’s take on the growth of graffiti in China’s cities: [U]nlike their counterparts in the West, who have sometimes used the art form to convey political messages, Chinese artists offer a message that has little to do with revolt or protest...

Pushing China Judges to Clean Dockets (Again)

Posted on August 20, 2009
This must be the third time this summer I’ve read something about how judges should move cases along, either because of full dockets, because a lot of contentious litigation does not comport well with the notion of the Harmonious Society, etc. A senior Chinese official Wednesday called on the country’s courts and law enforcement organs [...

Live By the Bubble, Die By the Bubble

Posted on August 20, 2009
You know, the financial community recently got all excited about the stock market here in China, even knowing full well that 1) a serious amount of money has been leaked from the government stimulus program into securities; and 2) a great deal of hot money has flowed into China recently, a lot of which ultimately [...

Gotta Love Kissinger?s US-China Op/Ed

Posted on August 19, 2009
Slight exaggeration, but virtually all the articles you read about US-China relations gravitate towards one of two policy poles. Either the advice suggests strong engagement with the other party, or the author preaches alarm, confrontation and disengagement...

New Record for China Outward Bound Investment

Posted on August 19, 2009
Sinopec Group said Tuesday it has completed its $7.5 billion acquisition of Addax Petroleum , obtaining new reserves in Africa and the Middle East in China?s biggest foreign corporate takeover to date. (Yahoo) Seven and a half billion — nothing to scoff at...

Happiness Is . . .

Posted on August 19, 2009
Finding a guy outside the gate of your new apartment building selling a quite passable jian bing, and for only 2 1/2 kuai. That’s actually a very good price these days. Tags: China News � Stan for China Hearsay, 2009. | Permalink | No comment | Add to del...

Rio Tinto Phase II: Non Sequitur About Shanghai Legal Market

Posted on August 19, 2009
This is really appropos of nothing, but as I was reading a recent article in the WSJ blog about the case against four employees of Rio Tinto, I thought it really illustrated the difference between the Beijing and Shanghai legal markets very well. Specifically, if the case were being handled in Beijing, I almost guarantee you [...

China Environmental Problems Apparently Worse Than We Thought

Posted on August 18, 2009
The following, from Caijing, found its way into my Inbox recently: Tap Water Not Contaminated By Chemicals To be fair, the “Not” was not emphasized (e.g. Not) in that headline, so my interpretation of it is not exactly fair. However, my first reaction honestly was that somehow it was newsworthy that tap water somewhere in China was [...

This Is Not What They Teach You In IP School

Posted on August 18, 2009
Beijing-based intellectual property rights agent Guang Li Xin has been ordered to pay RMB 100,000 to competitor Ji Jia Company by the Beijing Dongcheng District People’s Court for unfair competition in Google China keyword search ads, reports Beijing Business Today...

Best Green Dam Web Filter Headline (So Far)

Posted on August 17, 2009
You may have read a lot of news stories over the past few days about the Chinese government’s decision not to mandate that all PCs sold here come with the Green Dam web filter software pre-installed. Lots of articles, most rather boring. This is my favorite headline, from the Gizmodo blog: China Scales Back Fight Against Online Dissent, [...

Protectionism? Censorship? U.S. Papers Not Sure How To React to WTO Case

Posted on August 17, 2009
A few editorials today about the WTO A/V case won by the US against China. Seems like the major papers prefer the theme to be anti-protectionism: It should serve as a warning to the Chinese government to restrain its growing economic nationalism, which poses a serious threat to international trade and the chances of a global [...

Rio Tinto and the MNC History of Corruption in China

Posted on August 17, 2009
The sense of outrage in the West that greeted the arrest in China of four Rio Tinto executives last month was predictable. The subsequent trial may indicate whether or not the outrage is misplaced. For the case of the Rio four follows a lengthening list of overseas companies allegedly doing in China [...

WTO A/V Products Case ? No, There Really Isn?t Any News Today

Posted on August 17, 2009
China said on Monday it will challenge a World Trade Organisation ruling against its restrictions on imported films, books and audio-visual products, continuing its sparring with Washington over trade access. (Reuters) Just for the record, there has been no news on this case...

Moving Day Blues

Posted on August 14, 2009
It seemed like an easy move a couple of weeks ago. We went from the west side of the San Huan at Shuang Jing Qiao to the east side. Literally across the street and within a ten minute walk (over either the pedestrian skyway or the underground subway route)...

China WTO A/V Products III: Some Thoughts

Posted on August 13, 2009
Good news and bad news. The bad news is that the Panel report on this case is so long, so technical, and so detailed, that I cannot simply list the findings. Wouldn’t make any sense, and it would probably take me another four days to do so anyway...

WTO A/V Products Case II: Content Review Provisions

Posted on August 13, 2009
OK, this is another intermediary post, no overall conclusions yet. I wanted to break out one important issue since I have a feeling that the reporting on this might be a little fuzzy. One of the US complaints was that foreign companies were barred from certain activities in China, including distribution and importation of these A/V products...

WTO A/V Products Case I: Don?t Try This At Home

Posted on August 13, 2009
I’m halfway through the opinion of the Audio/Visual Products case won by the US against China. I can’t say I’ve paid attention to each word, though; this is quite mind-numbing. Kids, for God’s sake, don’t try this at home...

PSB and FBI Bust Software Counterfeiting Ring

Posted on August 12, 2009
Nice bit o police work, and the PSB and FBI get points for getting the bad guys, having something to talk about in a press conference, and being able to cooperate with one another. The details: A joint anti-counterfeiting campaign coded as “Operation: Summer Solstice”, launched by China’s Ministry of Public Security and America’s FBI, has [...

WTO Decides for US Over China in A/V Products Distribution Case

Posted on August 12, 2009
This was the “other” case filed way back in April 2008, if my memory serves me correctly. I just saw the news on this, so nothing of substance to say at this point. I’ll take a closer look tomorrow probably, including any stupid comments I might have made on this blog as to the probable disposition [...

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