tag:blogger.com,1999:blog-59794663343150043732024-02-20T03:40:30.323-08:00China Business Law Blog 中國商法博客Thoughts and comments on Chinese business law and beyondBrad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.comBlogger161125tag:blogger.com,1999:blog-5979466334315004373.post-30446616276913249552009-09-13T09:12:00.001-07:002009-09-13T09:32:12.516-07:00US-China Trade War Begins!In response to President Obama's decision to impose Section 421 tariffs on Chinese tires, the Chinese government took a short two days to retaliate. The Chinese Ministry of Commerce announced that it will initiate the necessary proceedings to address anti-dumping and countervailing duties on U.S. imports of chicken products and automobile parts.Commentators have feared and forewarned such Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com1tag:blogger.com,1999:blog-5979466334315004373.post-50287246503189826422009-08-10T18:09:00.000-07:002009-08-10T19:15:33.957-07:00Forced Confessions to Be Inadmissible for Death Penalty in ChinaOver the past two and half months, I had devoted my every waking moment into studying for the Texas Bar Examination (TBE), which FINALLY took place on July 28-30. This should explain the absence of any posts for the last several months. Now, with the bar exam behind me, I'm ready to resume blogging.While I was preparing for the TBE, the subject that I was most uncomfortable with was Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com1tag:blogger.com,1999:blog-5979466334315004373.post-4816430359844829702009-04-10T08:09:00.000-07:002009-04-10T09:53:23.251-07:00China's Jury System"I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."--Thomas JeffersonTwo days ago, I had the pleasure of talking to Hon. Duan, a senior justice on the Supreme People's Court of China, who is currently on administrative leave to study American administrative laws here at SMU Law School. In our two hour Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com3tag:blogger.com,1999:blog-5979466334315004373.post-12343407589791729412009-04-06T14:08:00.000-07:002009-04-06T15:58:10.195-07:00Economic Crisis Tests China's Enterprise Bankruptcy LawThe Economic Crisis is a Test of Character. 路遥知马力,日久见人心。(As distance tests a horse's strength, so time reveals' a person's heart.)China's Enterprise Bankruptcy Law (EBL) came out after more than one decade of debates and compromises, and it was applauded for advancing China's efforts in establishing a truly market-oriented economy. More than two years after its promulgation, it has been tested Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com2tag:blogger.com,1999:blog-5979466334315004373.post-54204056631024633972009-04-01T15:27:00.000-07:002009-04-01T22:46:36.315-07:00Five Years Holding Period, Is it Fair?China Banking Regulatory Commission (CBRC)'s chairman, Liu Mingkang announced that rules will change for foreign invesors who invest in Chinese commercial banks. Remember the blockbuster IPOs of Chinese state-owned banks? Bank of China, China Construction Bank, China Industry and Commerce Bank all had their IPO a few years ago when the market was good. Many foreign investors bought shares of Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-81687265096993705112009-03-20T17:52:00.000-07:002009-03-20T18:01:41.329-07:00Seven Steps to Protect Your Trademark in ChinaOut-law.com ran an article written by Alison Ross, which discusses "How to Protect Your Brand in China." I thought the author did a very good and thorough job in advising mark owners on how they should go about protecting their marks in a comprehensive and proative way in China.Here are the seven steps that Alison suggests as listed below:1. Register trade marks early2. Territorial registration3Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-39952456838106072009-03-20T16:45:00.000-07:002009-03-20T17:51:16.671-07:00MOFCOM's Rejection of the Coke-Huiyuan Merger Disappoints Legal ExpertsChina, by and through MOFCOM, rejected Coca-Cola's bid to acquire the Chinese juice maker Huiyuan. As soon as the news came out, it caught international attention and has been widely reported. Many views float out there about why and how come. The Caijing Magzine in China came out with its own analysis of the legal implication of this decision. Titled Legal Implications of Coke-Huiyuan, this Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com1tag:blogger.com,1999:blog-5979466334315004373.post-82799597493823219922009-03-12T15:29:00.000-07:002009-03-12T16:08:08.290-07:00Extraordinary Time is No Excuse for Extra Judicial PartialityTwo camps of lawmakers are debating what role Chinese courts should play in China during this extraordinarily trying time.One camp believe that the courts should remain neutral, irrespective of how the financial and economic crisis is impacting businesses, and that the courts should be the instruments of justice in China's market economy.For example, lawmaker Peng Xuefeng, director of the All Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com4tag:blogger.com,1999:blog-5979466334315004373.post-60971152861608406402009-03-11T16:10:00.000-07:002009-03-11T16:42:50.207-07:00The Case for Individual Bankruptcy in China (2)Right after the earthquakes in 2008, I wrote a post advocating for China to establish a individual bankrupty system. In that post, I gave cultural, economic and legal reasons in favor of such a system, in addition to China's fairly new Enterprise Bankruptcy Law.One Chinese lawmaker, Shi Ying, who is a deputy to the Chinese National People's Congress, submitted a bill to the NPC which is in Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-12588550569154548392009-03-02T16:04:00.000-08:002009-03-02T19:39:25.038-08:00International Trade, WTO and China Human RightsA few days after Secretary of State Hillary Clinton's hopeful and celebrated official visit to China, the U.S. State Department issued its annual report on China's human rights record. In it, the U.S. criticises China for silencing dissent and oppressing ethnic minorities. Not to be outdone by the U.S., China hit back with its own Human Rights Record of the United States in 2008, enumerating a Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-36297558052409087702009-02-28T05:43:00.000-08:002009-02-28T06:32:02.609-08:00China Enacts Sweeping, Tough Food Safety LawThe Standing Committee of China's National People's Congress passed a brand new Food Safety Law on February 28, 2009, and the law is set to become effective on June 1, 2009. Without having a chance to read it carefully, I have some preliminary comments as follows:1. It repeals its predecessor law--the PRC Food Safety Law (1995) in its entirety. With food safety disasters occurring back-to-backBrad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-79447701044674943792009-02-23T16:10:00.000-08:002009-02-23T16:51:57.438-08:00Measures for the Registration and Administration of Import and Export Technology ContractsOn February 1, 2009, the Minister for China's Ministry of Commerce signed into law the Measures for the Registration and Aministration of Import and Export Technology Contracts. (in Chinese) ("Technology Contract Measures") This is a ministry level administrative regulation, and it will become effective on March 2, 2009.To summarize, the Technology Contract Measures include the following Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-1960943020044079142009-02-20T19:23:00.000-08:002009-02-20T19:30:00.820-08:00"Inside the Meltdown"Frontline (PBS) recently produced an in-depth documentary on the financial meltdown. It is an attempt at figuring out the root causes of the problems that led to the current economic crisis affecting the entire globe. It is well worth your time to watch it.Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-56514227656598668502009-02-20T05:51:00.000-08:002009-02-20T06:16:01.365-08:00China International Law Symposium at UT (Austin)The University of Texas International Law Journal will be hosting a China law related symposium on February 26, and 27, 2009.
Here is how it is described:
<!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 <![endif]--><!--[if gte mso 9]> <![endif]--><!--[if !mso]> st1\:*{behavior:url(#ieooui) } <![endif]--> <!-- /* Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-25660456680267779662009-02-18T16:32:00.001-08:002009-02-18T17:23:13.957-08:00Enforcements of Judgments in China: Pretty Good in Urban Areas (Republish)Contrary to the popular view that enforcement of judgments is poor in China, Professor Randall Peerenboom stated in his recent article that: While enforcement is often portrayed as difficult in China, recent studies have found significant improvements in urban areas, where more than half of creditor-plaintiffs receive 100 per cent of the amount owed, and three quarters are able to receive partialBrad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-3625166194894765252009-02-18T16:28:00.001-08:002009-02-19T07:44:02.150-08:00Yellow Cranes, Will You Return? (Republish) The Yellow Crane TowerForefathers departed on yellow cranes,leaving this spectacular tower empty.Yellow cranes will not return,leaving the white clouds for millennia without companion.–by Cui Hao (704-754 A.D.), Tang DynastyThis poem has remained one of my favorites, throughout my education in China. In college in the city of Wuhan, I passed by the truly spectacular Yellow Crane Tower hundreds Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com1tag:blogger.com,1999:blog-5979466334315004373.post-6795823416567550182009-02-18T16:26:00.000-08:002009-02-18T16:27:39.370-08:00Minimum Wages; Big Differences (Republish)On my blog, I see a lot of searches for minimum wage standards in China, and I have been waiting for a compiled chart, detailing the wage standards. Given the size of China and the huge variance of economic development, minimum wage standards vary considerably. I need to wait no more as China Herald just posted a piece, in which Fons Tuinstra stated that a team from the Renmin University of ChinaBrad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-20683199327250621802009-02-18T16:25:00.000-08:002009-02-18T16:26:16.115-08:00Amount in Controversy and Jurisdiction Redefined by the SPC (Republish)On March 31, 2008, the Supreme People promulgated a new set of judicial rules, redefining first-instance jurisdiction of higher and intermediate people’s courts in civil matters across the country.In these extremely detailed rules, the SPC lays out the required amount in controversy in order for higher or intermediate people’s courts to exercise first-instance jurisdiction over civil cases. What Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-24705266281245137502009-02-18T16:23:00.000-08:002009-02-18T17:18:49.935-08:00Summary Judgment/Procedure in China (Republish)Having been working on summary judgment motions at work for three consecutive weeks, I kept thinking whetherChina has something similar to summary judgment in its civil trials. With limited knowledge on Chinese procedural laws, I disclaim that what I write here is really subject to future corrections from readers.In the United States, summary judgments are available in federal and state courts. Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-84577837153515367922009-02-18T16:22:00.000-08:002009-02-18T16:23:37.304-08:00Sichuan Earthquake (Republish)Closely following the news in and outside China on the Sichuan earthquake, I elected to avoid blogging about it as I thought any writing from me will be, largely, irrelevant to the suffering of the victims and China in general. In addition, other China law bloggers, such as the CLB and China Esquire, have provided information on how to donate for the disaster relief in China. However, after my Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-29642626229049219382009-02-18T16:21:00.000-08:002009-02-18T16:22:28.300-08:00The Case for Individual Bankruptcy in China (Republish)Some stories rattle you so much that you cannot stop thinking about’em for a long time, and the story of Mr. Chen Si did just that to me.Chen Si, as reported by the LA Times in its story titledOn His Weekends, Chinese Samaritan Saves Lives, is a manager of a shipping company in the city of Nanjing. On weekends, he patrols the Nanjing Changjiang Bridge, known as the “bridge of death.” For almost Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-57486104849460132232009-02-18T16:18:00.000-08:002009-02-18T16:19:59.179-08:00“Wahaha” Ain’t French, and It Belongs to China. (Republish)Major news came out of the Danone v. Wahaha lawsuit saga, and it is again bad for Danone.On July 30, 2008, the Hangzhou Intermediate People’s Court ruled that the “Wahaha” trademark belongs to the Wahaha Co. , not the joint venture between Danone and Wahaha, of which Danone is the majority shareholder.Because this ruling affirms that of the Hangzhou Arbitration Commission of December 2007 Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-85366951447277657742009-02-18T16:17:00.000-08:002009-02-18T16:18:37.721-08:00IP Registration in Macao (Republish)Just ran across an article Filing for Industrial Property Protection in Macau, China. I thought it is very informative about Macao and its IP laws.Here is what it has to say about Macao:Macao is a small territory set on the southern coast of China, located not far from Hong Kong. It was colonized by the Portuguese in the 1500’s and became the first European settlement in the Far East. Macao’s Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-46300409121161892712009-02-18T16:16:00.000-08:002009-02-18T16:17:27.377-08:00Any Recourse for the Slaying of American Tourist in Beijing? (Republish)By now, I think everybody knows about the brutal attack and killing of Mr. Todd Bachman, an American tourist at the Bell Tower in Beijing on the first day of the Olympic Games. Caijing has a nice rendition of what happened:Workers at a Hangzhou instrument gauge factory in eastern China’s Zhejiang Province remember Tang Yongming as an ordinary colleague who liked to joke and play cards at a local Brad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0tag:blogger.com,1999:blog-5979466334315004373.post-42312872631283556082009-02-18T16:15:00.000-08:002009-02-18T16:16:14.707-08:00What If Pigs Fly? (Republish)“Why if pigs fly?” as my boss always asks.Dan at China Law Blog beat me to blogging about the New York Times articleCourts Compound Pain of China’s Tainted Milk. Doubting that I can say anything more eloquent about this topic, I quote Dan in full here:This New York Times article does as good a job of any at setting out the issues China is facing in deciding whether to allow milk taint victims toBrad Luohttp://www.blogger.com/profile/06267245085217325211noreply@blogger.com0