Continue Reading 肖瑾：美国违背了世贸组织的多边精神
By Jiao Hongbin King & Wood Mallesons’ Intellectual Property Group
On March 31, 2012, the National Copyright Administration of the PRC (NCAC) released the Draft Amendments to the Copyright Law of thePRC (the “Copyright Law”) (the “Draft Amendments”) and the Brief Explanations on the Draft Amendments (“Brief Explanations”)[i] for soliciting public opinions. Unlike the two previous revisions, the Draft Amendments proposed by China on its own initiative are home-grown.
The prevailing Copyright Law was adopted by the 7th Standing Committee of the National People’s Congress (NPC) on September 7, 1990 and became effective on June 1, 1991. Two revisions in 2001 and 2010 were undertaken in light of China’s involvement with the World Trade Organization (WTO). The first revision was made for China’s entry into the WTO, where modifications and complements were made to coordinate the inconsistencies between the Copyright Law and the Trade-Related Aspects of Intellectual Property Rights (TRIPS); two articles were revised in 2010 with an aim to enforce a WTO panel ruling on the dispute over intellectual property rights (“IPRs”) between China and the United States.Continue Reading Key Disputable Issues regarding the Draft Amendments to China Copyright Law
现行的《著作权法》是1990年9月7日由第七届全国人大常委会审议通过并于1991年6月1日起施行，曾于2001年和2010年进行过两次修订，均与世界贸易组织有关。2001年进行的第一次修订是为了满足中国加入世界贸易组织的需要，对《著作权法》与世界贸易组织《与贸易有关的知识产权协议》不一致的地方进行了修改或补充；2010年进行的第二次修订是为了执行世界贸易组织关于中美知识产权争端案的裁决，对著作权法进行的只涉及两个条文的小修改。 Continue Reading 《中华人民共和国著作权法》第三次修改草案的主要争议问题
金杜律师事务所的肖瑾律师在国际贸易法，包括贸易救济、海关法、WTO争端解决、国际贸易协定谈判等方面经验丰富。自1998年以来，他曾在二十多起反倾销、反补贴、保障措施案件中代表来自美国、欧盟、日本的跨国公司以及中国企业应诉。在WTO事务方面，肖瑾律师曾代表中国政府参加了十余起WTO争端解决案件，并在某多边贸易协定谈判中作为中国政府的谈判律师。Continue Reading 关键原材料案对稀土案具有参考价值
A significant recent ruling from the U.S. Court of Appeals Federal Circuit temporarily concludes the U.S.-China tire wars in the case of GPX International Tire Corporation and Hebei Starbright Tire Co., Ltd et al v. United States et al. The U.S. Federal Court held that existing U.S. countervailing duty law cannot be applied to non-market economy (NME) countries including China, affirming the U.S. International Trade Court’s decision but on different grounds.
Shortly thereafter, China’s Ministry of Commerce (MOFCOM) highlighted the U.S. Federal Court’s decision by issuing a statement to the United States to not impose countervailing duties on Chinese imports because to do so would violate the rules of the World Trade Organization and prevailing U.S. law.Continue Reading US-China Trade War Continues: No Countervailing Duty to be Applied to Goods from China, a Non-Market Economy Country
During a press conference held last week during the National People’s Congress, China Insurance Regulatory Commission (CIRC) Chairman Wu Dingfu annouced that the the CIRC will set up an insurance exchange in Shanghai as part of the Chinese government’s goal of making Shanghai an international finance center. This official announcement shows that the CIRC is serious about setting up an exchange. Yet, at present this announcement probably should just be considered a statement of their intentions because the CIRC did not offer any details on what the purpose of that exchange will be or who will participate in that exchange.Continue Reading The China Insurance Regulatory Commission has Announced that it will Create a Pilot Insurance Exchange Project in Shanghai
Angel investment in Hong Kong may be on the verge of an exciting transition from being an occasional engagement of a wealthy few to a more widespread, organized form of startup financing involving many more people with the wherewithal to invest.
Continue Reading Angel Investing in Hong Kong: Part I Introduction