Limitations of Patenting Traditional Chinese Medicine

Xuejiao Cao (Blake)

I. Introduction
The pandemic of COVID-19 has taken a tremendous toll on all of us, as the crisis has ravaged the world.  In China, Traditional Chinese Medicine (“TCM”) has played an important role in the treatment of COVID-19. On 19 August 2020, the General Office of National Health Commission together with the State Administration of Traditional Chinese Medicine announced the Diagnosis and Treatment Plan for New Coronavirus Pneumonia (Trial Version 8)(“Plan”) .  In the Plan, these authorities acknowledged TCM’s contribution to curing Covid-19 patients. Just as the World Intellectual Property Organization (“WIPO”) has stipulated, “growing commercial and scientific interest in traditional medicine system has led to calls for traditional Read the rest

Duty of Care of Chinese Asset Managers: Can Case Law Fill the Gap?

Yuan Ye (袁野)

Table of Contents

Part I Introduction. 2

1. China’s asset managers and its clients’ dilemma. 2

2. Why is duty of care relevant?. 4

Part II Duty of care law.6

1. US Law on duty of care. 6

2. Chinese law on duty of care. 8

Part III What the Cases Say. 9

1. Search Results: limited substantive application and lack of useful reasoning. 10

1(1) Cases without Application. 11

1(2) Cases with Application. 12

2. Chinese case law and a comparison with US law. 18

2(1) Synthesis of case law: few clarifications on rules 18

2(2) The existing gap compared with US law.. 22

Part IV Conclusion. 22

Part I Introduction

Comment from the editor: law Read the rest

Are Chinese Local Health Departments Authorized to Requisition Masks in Transit During COVID-19?

Zhang Hui (Angela)

I. Introduction

When the COVID-19 pandemic started to spread in China in January this year, medical supplies such as masks were in shortage in many Chinese cities. Cities took different actions to resolve the demand for masks, but the health department of Dali City, Yunnan Province adopted a controversial one. On February 2, 2020, the Dali Health Department seized 598 boxes of masks in transit through Dali. Under Chinese law, this is a form of administrative requisition. Qingdao and Shenyang had similar plans until the State Council stopped them.

This ongoing issue stirred a debate online among Chinese netizens and legal professionals. They were concerned that such requisition would threaten the property rights of Chinese individuals, commercial … Read the rest

Dialogue on Similarities and Differences between English and Chinese Academic Writing

 

傅攀峰

On April 22, Dr Fu Panfeng傅攀峰, assistant research fellow at the Institute of International Law of the Chinese Academy of Social Sciences, Professor Susan Finder, and students of the Transnational Law Review Seminar course [at the School of Transnational Law] had a discussion over Zoom about some of the main similarities and differences between English and Chinese academic writing.  All recognized that overgeneralizations were inevitable.

Dr. Fu has published articles in leading Chinese law journals and worked on important national research projects related to international arbitration and other issues in cross-border commercial law. He received his LLB degree from Southwest University of Political Science and Law, and his Ph.D. from Wuhan University. During his Ph.D. studies, he spent a Read the rest

What Does Recent Tencent Litigation Against a Patent Troll Signify?

Peng Sheng

Introduction

A “patent troll” is a term used to identify a person or company that attempts to enforce patent rights against accused infringers far beyond the patent’s actual value of the prior art. Generally, patent trolls do not manufacture the patented product or process. Rather, they seek to profit through litigation against rich companies with similar patents, and then wait for a favorable settlement from the side of the opponent. It is a legal phenomenon that occurs throughout the world.[1]

In China, intellectual property (“IP”) owners have been facing lawsuits from patent trolls for many years.[2] In the past, giant companies in China tended to settle with patent trolls rather than pursuing a win-or-lose outcome.[3]Read the rest

Key Take-Aways from SAMR’s Triple Guidance on Antitrust Enforcement

Lin Yifu*

SAMR's Logo @ Hong Kong Competition ExchangeSAMR’s Logo ©️ Hong Kong Competition Exchange

On June 26, 2019, the State Administration for Market Regulation (hereinafter “SAMR”) promulgated three interim provisions in implementing Anti-Trust Law, all of which would come into effect on September 1, 2019.[1] Respectively, these new regulations[2] would govern three categories of monopolistic behaviors: monopoly agreements, abuse of dominant market position, and abuse of administrative power to exclude or restrict competition.

SAMR’s triple guidance on antitrust enforcement came against the backdrop of the “three-in-one” anti-trust law enforcement agency reform in 2018.[3] Against such background, SAMR aims to unify the fragmented tripartite enforcement scheme as existed previously where three separate agencies shared overlapped authorities.[4] These new regulations, as the Read the rest

What Blocks the Enforcement of Chinese Foreign Anti-Bribery Law?

What Blocks the Enforcement of Chinese Foreign Anti-Bribery Law?

Alvis Xiong

Introduction

In 1977, U.S. Congress enacted the Foreign Corrupt Practices Act of 1977 (FCPA), the first law specifically targeting at extraterritorial briberies to foreign public officials. Likewise, in 2011, China enacted a foreign anti-bribery provision, Criminal Law Article 164(2), which forbids “giving foreign public officials or international organization’s officials assets and properties in order to make improper business benefits.” However, although China did not totally ignore the provision, it is not substantially enforced.

The Chinese government did not totally ignore this enactment. For example, the Chinese Supreme Procuratorate once demonstrated interest to set rules about foreign anti-bribery.[1] Some huge SOEs (State Owned Enterprises) also set compliance programs for … Read the rest

Review of CEPA’s Dispute Resolution Mechanism

Review on CEPA’s Dispute Resolution Mechanism

Zhang Han

Introduction

CEPA is an acronym for the Mainland China and Hong Kong Special Administrative Region Closer Economic Partnership Arrangement. The Investment Agreement and Agreement on Economic and Technical Cooperation (Ecotech Agreement) establishes the dispute resolution mechanism for CEPA. Between the Mainland and Hong Kong, because of political reasons, the dispute resolution part is empty for 14 years. And since mediation is part of dispute resolution, it is unnecessary to list them separately. Later, the mediation mechanism is detailed. In this article, the author will discuss the dispute resolution mechanism and mediation mechanism. 

In the Ecotech Agreement, Article 19 and Article 20 stipulate the dispute resolution mechanism between the investors and the state. … Read the rest

Indoor Air Pollution in Rental Premises

Yuan Xia

I. Introduction

 

The problem of indoor air pollution caught the public’s attention because of increasing complaints about air condition in rental houses.[1] It started with a widely spread online accusation. A renter, an employee of Alibaba, accused Ziroom, which is one of the leading leasing companies in China, of providing a rental house that failed to meet the national standard of air quality, which allegedly killed the renter.[2]  Accordingly, “Ziroom Formaldehyde Incident” immediately became breaking news. In September 2018, 26 Ziroom renters filed a lawsuit against Ziroom in the Beijing East District Court. On November 29th, the court delivered a judgement holding that Ziroom should refund all rent, service fees and air quality testing fees.… Read the rest

China Determined to Advance Securities Dispute Mediation Nationally

XU Jing [1]

The Chinese securities industry has been long plagued with a problem that small investors cannot afford the high cost of seeking a remedy through litigation in securities disputes. Finally, on November 13th, 2018, the Supreme People’s Court (“SPC”) and the China Securities Regulatory Commission (“CSRC”) jointly issued Opinions on Comprehensively Advancing Establishment of Diversified Resolution Mechanism of Securities and Futures Disputes (“Opinion”) to provide a practical non-litigation channel for small investors.[2]

This note gives a preliminary assessment of the Opinion’s securities disputes mediation mechanism. Though the latest mechanism improves the credibility and efficiency of meditation, there are still problems with its sector-based scheme, the sustainability of funding, and protection to individual investors.

A. BackgroundRead the rest