Stanford China Law & Policy Conference May 6 & 7, 2011

The Inaugural Stanford China Law & Policy Conference

Law and the Chinese Transformation

May 6-7, 2011

Stanford Law School

About the Event:  The Stanford China Law & Policy Association is hosting the inaugural China Law & Policy Conference that will take place on May 6-7, 2011.  The title of the conference is “Law and the Chinese Transformation.”  This event is co-sponsored by the Rock Center for Corporate Governance.

 

The Conference brings together prominent experts on Chinese law, politics, and business to begin productive conversations about the most pressing issues in Chinese legal, political, and corporate governance reform.  Dean Larry Kramer will give opening remarks.  Dr. Condoleezza Rice, former Secretary of State, will deliver the keynote speech.  GAO Zhansheng, Consul General of the People’s Republic of China in San Francisco, will deliver a special luncheon speech.

 

Confirmed panelists and moderators from China include:

Honorable WANG Yanfang, IP Tribunal of the Supreme People’s Court of China

SHEN Weixing, Vice Dean of Tsinghua University Law School, China

WANG Xixin, Vice Dean of Peking University Law School, China

Jeff Lehman, Founding Dean of the Peking University School of Transnational Law, China

XIAO Wei, Managing Partner, Jun He Law Offices

 

Confirmed panelists and moderators from the US include:

Brad Berenson, Partner, Sidley Austin

Nancy Boswell, President and CEO, Transparency International – USA

Juan Botero, Rule of Law Index Director, The World Justice Project

Brian Cabrera, General Counsel, Synopsys

Carmen Chang, Partner, Wilson Sonsini

Chuck Comey, Partner, MOFO

Marc Fagel, Regional Director, SEC in San Francisco

Mei Gechlik, Lecturer, Stanford Law School

Paul Goldstein, Professor, Stanford Law School

Joe Grundfest, Professor, Stanford Law School

Mike Klausner, Professor, Stanford Law School

Larry Kramer, Dean of Stanford Law School

David Lee, Partner, Orrick

Yabo Lin, Partner, Sidley & Austin

Paul Marquardt, Partner, Cleary Gottlieb

Ken Nguyen, Stanford Law School

John Quinn, Managing Partner, Quinn Emanuel

Joe Simone, Partner, Baker McKenzie

Laura Stein, General Counsel, Clorox

Alan Sykes, Professor, Stanford Law School

Bill Treanor, Dean of Georgetown University Law Center

Honorable Clifford Wallace, Ninth Circuit

 

The conference will hold six panels discussing the various legal implications of a rising China.  These panels include:

I.             Legal Education in China and the US

II.            The Development of Rule of Law in China

III.           IP protection and Enforcement in China

IV.          Cross-border Acquisitions and Investments

V.            Foreign Corruption Practice Act and its Applications to Business Operations in China

VI.          Opportunities and Challenges for the Legal Profession

 

Registration Information:

Registration is free, but required for all participants.  Please register at http://www.stanford.edu/dept/law/forms/chinalaw_participants.fb

CLE credits will be offered to practicing attorneys for attending the conference.

Questions?  If you have any questions, please contact: Sandy Yao at sandyyao@stanford.edu or Michelle Yuan at yyuan1@stanford.edu.

 

WIPO Lex

UN Pulse reports that the World Intellectual Property Organization has formally released WIPO  Lex, a portal of IP legislation and treaties searchable by country and subject.

http://www.wipo.int/wipolex/en/

From the WIPO description:

“WIPO Lex is a one-stop search facility for national laws and treaties on intellectual property (IP) of WIPO, WTO and UN Members. It also features related information which elaborates, analyzes and interprets these laws and treaties. It provides streamlined access to reference material of key importance for optimal information on the global IP System.”

French Legal Guides from EducNet – Guides Juridique Legamedia

The French Ministry of Higher Education and Research has posted a handful of thematic legal guides on their EducNet site. Guides are able for copyright, protection of children online, cultural property, privacy, human rights, and regulation of teachers and professors. All information is available only in French.

Guides Juridique Legamedia

http://www.educnet.education.fr/legamedia

International Trade and Health A Reference Guide

International Trade and Health A Reference Guide

World Health Organization, 2009

http://www.searo.who.int/LinkFiles/IPT_ITH.pdf

Includes a nice glossary of international trade terms.

From the introduction:

SPS, TRIPS, trade-distorting subsidies, Doha Paragraph Six …  The language of trade and health is specialized and may seem obscure. But though the language may be daunting, international trade agreements now being negotiated affect all of us, and health professionals in particular need to master the terminology if they are to participate in the national debate on trade and health. This reference guide consists of a basic dictionary of selected terms and several briefing notes that elaborate some of the issues.

As well as the dictionary and briefing notes developed by WHO headquarters or regional offices, this reference guide also includes selected resolutions bearing on public health, intellectual property and/or international trade. These materials, many already published in other forms, are brought together for the first time in one place.

The guide is intended as a starting point for those interested in but not familiar with the trade and health area. Further reading sections are included at the end of most briefing notes.

Remarks of Russian President Dimitry Medvedev at Stanford University

This afternoon Russian President  Dimitry Anatolyevich Medvedev spoke at Stanford University.

Here are some notes I took during his speech:

He noted 10 tasks for Russia’s government  to allow every Russian to succeed within the framework of law.

  1. Reform and improve education to realize every citizen’s full potential.
  2. Citizens must have access to full information, foreign and domestic. HDTV and broadband in the future to 90% of all Russians. Access to information serves as a guarantee of freedom of speech.
  3. Promote intellectual property rights. Laws are not enough as we must educate people to respect the law. Compliance with court rulings is a priority.
  4. Develop Russian natural resources and high tech companies.
  5. Strong financial system. Health stock market, currency and banking sector.  Balanced basket of currencies is important.
  6. Most important task is health of citizens. Death rate is going down. Demographic situation finally stopped deteriorating last year. Reform of health system is a top priority.
  7. Democratic political system based on the constitution is a work in progress. Improve political system in Russian way without foreign mentoring. Judicial power will improve. Raise authority of the courts and create a reliable judicial system.
  8. Stability – last 20 years of Russian history were harsh and turbulent. Those times changed people’s attitude toward life.  Last 20 years were a trial for Russians. Stability is precondition for modernization and development; however, Russia must be open to change. Caucasus and terrorism: threat of extremist in north Caucasus caused by dire socio-economic
  9. International Relations: Russia is a predictable international parent with a consistent foreign policy. Russia will be firm in protecting her interests while being open to foreign partnerships on based on equality and respect  for international law.  G20 and G8 meetings in Canada will focus on stability, climate change, nuclear free world, energy, and security efforts.
  10. Russian is becoming open to many partners, open to trade, economics and cultural life. Invite all to work with Russia.

He closed his formal remarks with a quote from Anton Chekhov: “we must work, work, work, for happiness is something only for our distant descendants.” From Act 2 of Chekhov’s “Three Sisters” I believe.

Highlights from Q&A

  • Russia has capital/money but not a silicon valley.
  • Relations with Georgia are “dramatically bad” Russia defended its citizens in South Ossetia. No chance of improving relations with the current president of Georgia (Saakashvili)
  • He did not rule out running for a second term, but stated that being president is  a hard job.

Article: Enabling Free On-line Access to UK Law Reports: The Copyright Problem

Enabling Free On-line Access to UK Law Reports: The Copyright Problem

Philip Leith and Cynthia Fellows

18 International Journal of Law & Information Technology   72 (Spring 2010)

Abstract

The history of publishing legal decisions (law reporting) in the UK has been that of a privatised system since its inception, and that history has encompassed several hundred years. The privatised nature of this has meant that the product (the law report) has been, except in limited cases, viewed as the property of the publisher, rather than the property of the court or public. BAILII is an open access legal database that came about in part because of the copyrighted, privatised nature of this legal information.

In this paper, we will outline the problem of access to pre-2000 judgments in the UK and consider whether there are legal or other remedies which might enable BAILII to both develop a richer historic database and also to work in harmony, rather than in competition, with legal publishers. We argue that public access to case law is an essential requirement in a democratic common law system, and that BAILII should be seen as a potential step towards a National Law Library.

French Government Report: Creativity and the Internet

The French government has published a report (Creation et Internet) on the future regulation of the Internet. The report discusses intellectual property and proposals to tax search engines, such as Google. Patrick Zelnik, Jacques Tubon, and Guillaume Cerutti authored the report on behalf of the French Ministry of Culture and Communication.  Text available in French. 

Creation et Internet (January 2010)

http://www.culture.gouv.fr/mcc/Espace-Presse/Dossiers-de-presse/Rapport-Creation-et-Internet

Erich Pommer Institute – German Media Law

The Erich Pommer Institute in Potsdam, Germany maintains an online catalog of its library holdings related to German and  EU media law, entertainment law or IP issues.  The library catalog records are searchable by year, theme, and keyword. Very few full-text items are listed; however, it is a useful site for literature searches and collection development.  Search interface is in German, but catalog entries include various languages.

Erich Pommer Institut Bibliothek 

http://www.epi-medieninstitut.de/Bibliothek_de.html

eYou Guide – European Union Guide to Internet Rights

The European Commission has created a Web site for citizens to learn about EU Internet law, e-commerce,  privacy rights online, and copying digital content. Although not designed for attorneys, the site does link to the full-text of legislation and case law mentioned in the text.

eYou Guide to your rights online          http://ec.europa.eu/information_society/eyouguide/navigation/index_en.htm

 

Examples of questions addresed by eYouGuide site:

Protecting privacy

Tips and precautions you should take in order to prevent misuse of your personal information online.

Can the company that provides my internet connection see which sites I visit? If so, how do they use this information?

What you should know about the consumer contracts, unfair terms and delivery of goods bought online.

Shopping online

When buying goods/services online, what are the consequences of clicking “I have read and approved the terms & conditions”?

Safety & security

Concerns about the security of your computer, Internet connection or safety of your online payments.

What are the risks of using social networking websites?

Copyright & IPR

What you should know about your rights and obligations related to music files, movies, CDs and DVDs and books online.

Can I lawfully copy images and texts I found on the internet?   

Can I record streaming video and audio?

Disabled, older people

Access to and use of online services for older people and people with disabilities.

I am a blind user and sometimes I have difficulties accessing some literary or artistic works online. What can I do about this?

Who’s liable?

How to find who is responsible for illegal content online and for faulty goods sold or advertised on the internet.

Can an online seller be held liable for faulty products?

Who is going to pay for the damages caused by a defective product bought online?

South Centre Downloads Library

South Centre is a Swiss based IGO think tank that focuses on trade, development, and sustainability from the point of view of developing countries. Thay make their books and reports available online for free. Click on Publications and then “Downloads Libray.” Over 300 reports in English and 150 in Spanish and French are available.  

South Centre

http://www.southcentre.org/