After briefly outlining the historical evolution of intellectual property (IP) law in China, Professor Jin discussed a number of leading cases and disputes, including Michael Jordan v. China TRAB and Qiaodan Sports Co., Ltd and Xian XidianJietong Wireless Communication Co., Ltd (IWNComm) v SONY mobile communication products (China) Co. Ltd. (Beijing Intellectual Property Court, 22 March 2017).
Professor Jin also explored recent reforms of Chinese IP law, including: specialized IP Courts in Beijing, Shanghai, Guangzhou (2014); over 20 other IP tribunals around China; a piloted guiding case system in the Beijing IP Court (in practice reflecting the principle of precedent and stare decisis in common law jurisdictions); and the possibility of a uniform appellate IP court.
During his presentation and subsequent group discussion, Professor Jin drew upon his background in private practice, his LL.M degrees and doctorate in law. Professor Jin has also worked in a variety of foreign institutions, including as a visiting professor at the University of Frankfurt am Main and the University of Washington, and as a visiting scholar at Harvard Law School and the Max-Planck Institute for Intellectual Property and Competition Law in Munich.
Professor Jin also presented on Chinese IP law and private law theory during the China Law Research Workshop, held at the University of Helsinki on 19 April 2018.
This guest lecture was one of many events organized during Nordic China Law Week 2018 (17 – 23 April). Other events included:
The Workshop will provide an overview of how to approach Chinese legal research and comparative law research involving China.
The event will be of benefit to students, researchers and practitioners who are interested in Chinese law and the Chinese legal system, and provide an excellent opportunity for participants to meet and network with others who are working with, or interested in, Chinese law and legal culture.
Venue: Small Hall, Fourth Floor of the Main Building of the University of Helsinki, Fabianinkatu 33
08:30 – 09:00 Registration and coffee
09:00 – 09:15 Welcome to the workshop
Introduction to the Workshop and Some Thoughts on China Law Research: Professor Ulla Liukkunen, Director of the Finnish Center of Chinese Law and Chinese Legal Culture (University of Helsinki)
09:15 – 10:45 Session 1. Background: China and Chinese Law in Context
Session moderator: Professor Alan C. Neal (University of Warwick)
Discovering ‘China’: An Overview: Professor Alan C. Neal (University of Warwick)
Sources of Chinese Law: Professor Yan Dong (Beijing Foreign Studies University)
Nordic Reflections on Chinese Culture, the Rule of Law and Judicial Reform with Chinese Characteristics: Professor Ditlev Tamm (University of Copenhagen)
10:45 – 11:00 Morning tea/coffee
11:00 – 12:30 Session 2. Theoretical Perspectives: Historical and Comparative Approaches to Chinese Law and Legal Culture
Session moderator: Professor Alan C. Neal (University of Warwick)
Culture and Contemporary China: Professor Julie Yu-Wen Chen, Professor of Chinese Studies and Director of Confucius Institute at the Faculty of Arts at the University of Helsinki
Intersections of Economics, Business and the Law in China: Implications for Legal Research: Professor Matti Nojonen (University of Lapland)
Questions about the Workshop from interested participants and the media can be directed to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.
Professor Cheng will cover issues including the economic logic of the ‘One Belt, One Road’ (OBOR) Initiative, value choices of its trade governance and the OBOR Initiative’s institutional and legal arrangements. She will also look at what the future holds for this huge infrastructure project, a signature project of Chinese President Xi Jinping.
Professor Cheng is Dean of the International Business Program at the Renmin University School of Economics. She is the author of seven books, including Belt and Road Initiative China’s Trade Governance and Policy (Routledge, forthcoming May 2018), and many articles. Professor Cheng’s teaching and research interests include commercial diplomacy, international trade, China’s foreign economic and trade relations, and E-Business.
Dr Guilherme Vasconcelos Vilaça isa Senior Research Fellow in the Faculty of Law, University of Helsinki and holds affiliated memberships at the University of Lisbon and The Collaborative Innovation Centre For Silk Road Economic Belt Studies” (CIC-SREBS), Xi’an Jiaotong University. His previous roles include Lecturer in Law (tenure-track) in China at Xi’an Jiaotong University School of Law.
Further information and media inquiries
Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.
‘How Important is China’s Constitution in the Chinese Legal System?’
The guest lecture, part of Nordic China Law Week 2018 (17 – 23 April), will be given at 14:15 – 15:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).
About the speaker
Assistant Professor YAN Tian is a scholar at the Peking University School of Law.
In addition to constitutional law, Assistant Professor Yan’s research interests include labour law and administrative law. He has published a monograph on employment discrimination law and several articles in the Chinese, English, and Korean languages.
Previously, Assistant Professor Yan served as Post-Doctoral Fellow in the Peking University Law School. In addition to Bachelor and Master degrees from Peking University, Assistant Professor Yan has J.S.D. and LL.M. degrees from the Law School of Yale University.
Assistant Professor Yan will also be speaking during the second China Law Research Workshop being organized by the Finnish China Law Center on Thursday 19 April 2018.
Further information
This event is free and open to the public. No prior registration is required.
Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.
Scholars revisited discussions of the Chinese model of governance and articulate the old and new features of Xi Jinping’s model of governance. Most current research on the China model debates whether there is such model, and the characteristics and essences of the model if it exists. This conference discussed, from a variety of perspectives including critical empirical case studies, the various manifestations of the Chinese model of governance, ranging from local governance, local election, civil society to economic policies.
Opening Remarks were given by Professor Julie Yu-Wen Chen of the University of Helsinki. Keynote speakers at the conference were Oscar Almén, Uppsala University, Sweden, and Zhongyuan Wang from Fudan University, China.
Constantin Holzer of University College Cork spoke on ‘The Principal-Agent Dichotomy of Public Goods Provision in China and The Role of Entrepreneurship’ and Natalie Ruvimbo Hodzi (University of Helsinki) discussed Zimbabwean elite opinions of China’s model of governance. Other presentations and remarks were given by Adam Knight (Oxford University), Riccardo Berti and Mariagrazia Semprebon (lawyers from Italy) and Coleman Mahler (UC Berkeley).
Questions and media inquiries
Questions about the conference can be directed to the Director of the Confucius Institute at the University of Helsinki, Professor Julie Chen, at julie.chen (at) helsinki.fi.
Upon his return, the Finnish China Law Center took the opportunity to discuss with Dr Hodzi his experience as Visiting Scholar at one of China’s best universities, and to learn more about his current research into Chinese politics and law.
Finnish China Law Center: Congratulations on your appointment as a Visiting Scholar at Renmin University. Before we discuss that experience, could you please say a little about your background?
Dr Hodzi:I’m aPostdoctoral Researcher in the Department of Cultures at the University of Helsinki. Before joining the University of Helsinki, I was a visiting scholar at the Institute for Peace and Security Studies, Ethiopia. I have also worked for various international and regional organizations in my home country of Zimbabwe, as well as Kenya and Germany on projects about democratic governance and transitional justice.
Finnish China Law Center: Can you explain your main research interests?
Dr Hodzi: I’ve long had an interest in China’s international political and legal engagement, including in relation to Africa. I obtained my PhD from a Chinese university, Lingnan University in Hong Kong, where I researched political and legal aspects of China’s military engagement in Africa. My current research focuses on emerging powers and global governance. In particular, I look at China-Africa security relations and politics in Africa, including the domestic and legal implications of China’s engagement.
Finnish China Law Center: How was your research assisted by working as a Visiting Scholar in China?
Dr Hodzi: Having lived and worked and lived in both China and different Africa has given me a more nuanced understanding of the different political and legal cultures and orders at play across China and throughout Africa. I’ve come to appreciate that reading, discussing and researching about China is nothing compared to seeing it in real life! This certainly was my realization during my research in mainland China. Being able to discuss with scholars, practitioners and other relevant actors in China – both Chinese and from other countries – enriched my research and has opened new avenues of future collaboration for which I am very grateful.
Dr Hodzi: This theme is timely and important, and it connects directly with my current and future work. Over the next two years my research focus will be on the Chinese model of development and governance in Asia and Africa. As China gets comfortable in its global primacy role, all roads are leading to Beijing. In the jostling for a piece of the China cake, there is obviously bound to be conflict and contractions regarding international law. For instance, this is seen in the case of the South China Sea dispute, as was discussed during the China Research Day and Asian Studies Days events, as well as anti-dumping measures against Chinese companies. I would also say that security issues will become even more important for both China and other countries as Chinese firms and citizens go abroad.
Finnish China Law Center: You are helping organize a Conference on the so-called ‘Chinese model’ of governance next year. What thematic ground will be conference cover, and why is the conference important?
Dr Hodzi: The Confucius Center at the University of Helsinki is organizing the Helsinki Conference on Chinese Model of Governance. It will be held on 20 March 2018. During the conference, scholars from Finland and abroad will re-visit discussions of the Chinese model of governance. The old and new features of President Xi’s model of governance will be discussed at length. The conference is important because the bulk of contemporary scholarship on the ‘China model’ questions whether such a model even exists. And even those who acknowledge the existence of such a model debate its characteristics. In light of this ongoing debate, the conference will discuss the various manifestations of the Chinese model of governance. These manifestations range from local governance, local election, civil society to economic policies. A particular strength of the conference will be its interdisciplinary nature, using a variety of perspectives such as critical empirical case studies. I’m already excited about it! We have great keynote speakers, too: Oscar Almén, Uppsala University, Sweden, and Zhongyuan Wang from Fudan University, China.
Finnish China Law Center: Finally, we understand that your book will be published shortly. Congratulations, and could you please say a little about it?
Dr Hodzi:My book, The End of a Non-intervention Era: China in African Civil Wars, will be published by Palgrave Macmillan (London) next year (fall 2018). I hope that it will help set the research agenda on emerging security issues emanating from China’s going out strategy. China is moving, and taking the world with it!
The Finnish Center of Chinese Law and Chinese Legal Culture is pleased to announce an upcoming guest lecture by Professor LONG Weiqiu of Beihang University, China.
Professor Long, a Fulbright Scholar and Dean of the Law School of Beihang University, will give a lecture on ‘Codification of Civil Law in China: Recent Developments and Future Prospects’.
Dean Long’s lecture will introduce the motivations, conditions and bases of the current codification of civil law in China. It will discuss and analyze the controversies regarding the framework and other crucial matters, and also comment on the relationship between the new civil code and the existing civil law system in China. Finally, Dean Long will share his thoughts on the prospects for future codification.
The lecture will be held on Wednesday, 29 November 2017 at 10:15 in the Meeting Room of the Law Faculty, University of Helsinki (Room 545, 5th floor, Porthania Building, Yliospistonkatu 3, Helsinki).
The presentation will be followed by a discussion, and the event is expected to finish at 11:30.
The lecture is free and open to the public. No registration is required.
If you have any questions about the event, please contact Stuart Mooney, Coordinator of the Finnish China Law Center, via email at stuart.mooney (at) helsinki.fi.
The theme of this year’s events was China-US Relations and Asian Security. The theme was timely given the concurrent visit of US President Donald Trump to Asia, which included a meeting with Chinese President Xi Jinping. The backdrop to the meeting of the two presidents, and to the theme of this year’s China Research Day and Asian Studies Days, is the relative stability of East Asia over the last few decades. Despite historical grievances that have affected intra-regional relations politically, economic inter-dependencies have made the region’s actors seek cooperation rather than conflict.
However, as was highlighted throughout the two-day event, recently there have been indications that the situation may be changing. China’s actions in the East and South China Seas have been regarded by some commentators as increasingly assertive. The Trump presidency has introduced a heightened level of tension in China–US relations. And the bold nuclear and missile tests by North Korea have heightened the risk of a military confrontation in the region.
During her welcoming words and introductionJulie Chen, Professor of Chinese Studies at the University of Helsinki and Director the Confucius Institute of the University of Helsinki, provided the packed venue with an overview of the broader theoretical and political context in which security tensions in the Asia/Pacific region are being experienced.
Dr Sabine Burghart, newly arrived University Lecturer in the Center of East Asian Studies, University of Turku, commented on the North Korean aspect of US-China relations, andJyrki Kallio, Senior Research Fellow of the the Finnish Institute of International Affairs, shared his thoughts on China’s strategy in the South China Sea dispute.
The calibre of speakers, as well as the timeliness and importance of the main theme, meant that over 130 people participated in the events. Professor Shi was also interviewed by the Finnish television station MTV3.
As Professor Ulla Liukkunen, Director of the Finnish China Law Center, said during her speech at the reception, the official City of Helsinki reception not only underscores the importance of bilateral legal education and research cooperation between Finland and China, but highlights the special, long-term relationship that exists between the capital cities of Helsinki and Beijing.
The organizers would also like to acknowledge the generous assistance provided by the Joel Toivola Foundation.
Please note that the morning session on Thursday 9 November is a public event for which registration is not required.
13:00-15:30 China Research Day
13:00 Tea and coffee
13:30 Chair: Elina SINKKONEN, Senior Research Fellow, the Finnish Institute of International Affairs
Welcoming words and introduction to the theme: Julie CHEN, Professor of Chinese Studies, University of Helsinki
The United States and China Today: The Emerging Strategic Retrenchment in Dynamic Uncertainties: SHI Yinhong, Professor of International Relations, Renmin University of China
China’s Strategy in the South China Sea Dispute: LI Mingjiang, Professor, Institute of Defence and Strategic Studies, Nanyang Technological University, Singapore
Comments: Jyrki KALLIO, Senior Research Fellow, the Finnish Institute of International Affairs
15:30 End of seminar
18:30–19:30 Reception hosted by the City of Helsinki, Old Court House, Aleksanterinkatu 20
Please note the afternoon session of Thursday 9 November requires registration. A detailed program of this event, including information registration, can be found on the China Research Day event page.
Friday 10 NovemberDoctoral training seminar
Venue: Unioninkatu 38, seminar rooms D112 and D113.
9:00-11:00 Introductory sessions
11:00-12:00 Lunch
12:00-13:30 Second session
13:30-14:00 Coffee/tea
14:00-15:00 Final session
Please note that the registration period for participation in the doctoral training seminar has ended.
Further information
Additional information about the morning session of Thursday 9 November and the Doctorial Seminar on Friday 10 November can be found on the Asianet website. Please direct questions to Outi Luova, Director of the Finnish University Network for Asian Studies, at outluo (at) utu.fi.
For more information about the afternoon session of Thursday 9 November (that is, China Research Day) please see the full program with speaker biographies. If you have any questions about the China Research Day please contact Kukka-Maria Kovsky via telephone at +358 9 432 7718 or via at kukka-maria.kovsky (at) fiia.fi.
Event organizers:
The Asian Studies Days event is proudly organized by:
On 28-29 August 2017, the Finnish Center of Chinese Law and Chinese Legal Culture organized the 8th Sino-Finnish Bilateral Seminar on Comparative Law. The seminar is held annually and its location alternates between China and Finland. This year the seminar was hosted by two of the Finnish China Law Center’s member institutions, the University of Helsinki and University of Tampere.
CASS Law delegation in Finland
The value of the seminar as a vehicle for meaningful legal collaboration and comparative law exchange was underscored by the visit of six academics from a leading Chinese research and education institution, the Chinese Academy of Social Science (CASS) Institute of Law. These distinguished academics included the Director of the Institute of Law, Professor Li Lin, and Professor Xie Zengyi.
Both of these well-respected academics have had long connections with the Finnish China Law Center. The seminar also brought together researchers from universities across Finland, including active representation and participation from most of the Center’s 10 member institutions.
Strengthening Finnish – and Nordic – bilateral cooperation
According to Professor Li Lin, this year’s seminar was a ‘tremendous success’. A sentiment repeated throughout the seminar was the importance of further deepening legal education and research collaboration between not just Finland and China, but China and other Nordic countries.
As was underscored by Professor Li Lin, Professor Kimmo Nuotio, Dean of the Faculty of Law at the University of Helsinki, and Professor Ulla Liukkunen, Director of the Finnish China Law Center, the long and rich historical relationship between Finland and China provides fertile ground in which deepening cooperation can flourish.
The importance of strengthening bilateral legal education and research between Finland and China transcends the historical connections linking the two countries.
Professor Li Lin highlighted four key areas of mutual concern. First, there is significant alignment between China’s values and ideas and the concept of solidarity in the Nordic context. Second, there is overlap between the goals of China and Finland’s social security systems, with China seeking to actively learn from the Nordic welfare model. Third, environmental rights are an area of mutual concern, with China transitioning towards ‘Green China’ and emphasizing the importance of having an ‘ecological civilization’. And fourth, the rule of law, human rights and judicial cooperation are areas of joint interest.
While China’s legal system has changed significantly in these respects, there ‘still remains much to be done’, Professor Li Lin said.
Seminar co-organizer Professor Jukka Viljanen from the University of Tampere echoed these thoughts. He observed that it is important that we recognize Finland and China face common issues, which can be fruitfully approached from a comparative law perspective.
The seminar tradition is not simply a unique opportunity for the robust exchange of views on areas of mutual concern. Rather, it has also been a practical forum that may result in new bilateral research projects, like the one on law and gender, as Professor Liukkunen underscored.
In China, the bilateral seminars and resulting collaboration impacted on policy-making. Professor Li Lin noted that ‘the exchange of knowledge, experience and expertise have manifested themselves in reports that have influenced Chinese decision makers’.
‘So while this is an academic platform’, Professor Li Lin said, ‘it has a practical impact on development of rule of law in China and its modernization. It has a real impact’.
Among other concrete proposals for expanding the relationship between CASS and the member institutions of the Finnish China Law Center, Professor Li Lin said CASS’s new university provides an additional ‘platform to further expand our cooperation’.
Thematic areas of the seminar
This year’s seminar covered four legal fields. Focusing on such a multidimensional spectrum of issues provided rich opportunities for comparative assessments. Comparisons were made not just between Finnish and Chinese law and legal practice, but with the Nordic legal model more broadly.
The second thematic area covered was transport law. Professor Ellen Eftestöl-Wilhelmsson from the University of Helsinki spoke on the role of environmental information in promoting a sustainable transport industry. Associate Professor Li Zhong from the CASS Institute of Law gave an overview of developments in Chinese transport law in China. Lastly, Professor Lena Sisula-Tulokas adroitly drew out common themes, parallels and challenges facing both Finland and the Nordic countries.
A third thematic area analyzed was public procurement. University Lecturer Dr Kristian Siikavirta shared his knowledge of the European and Finnish public procurement systems and how they work based on his research at the University of Vaasa.
Associate Professor Wang Xiaomei presented her impressively data-driven research undertaken in the CASS Institute of Law into transparency in public procurement in China. In her comments, Post-Doctoral Researcher Dr. Zhang Yihong, based in the University of Helsinki, identified broader political/legal implications of the presentations and highlighted areas of further research.
Environmental law was the final area to be discussed. This was clearly a field of significant mutual interest. Professor Antti Belinskij, based at the University of Eastern Finland, discussed international Water Conventions and Finnish-Russian cooperation. Professor Li Honglei from the CASS Institute of Law spoke on judicial review of environmental impact assessment decision-making in China. In summing up, Dr Yulia Yamineva drew upon her experience as a Senior Researcher in the University of Eastern Finland and provided comments drawing together both comparative and international law dimensions.
Other presentations on environmental law were given by Professor Jukka Viljanen, who enlightened listeners on the environmental right in the Finnish constitution. Professor Viljanen’s talk provided a departure point for another visiting CASS Institute of Law researcher, Associate Professor Jin Shanming, to reflect on the constitutional protection of environmental rights in China. University Teacher Heta Heiskanen from the University of Tampere then highlighted how international human rights obligations contribute to environmental rights in Finland. Finally, Post-Doctoral Researcher Sanna Kopra from the University of Lapland identified key comparative law insights that formed the basis of a subject of lively discussion among participants on environmental rights in China and Finland.
Upcoming book publication
Reflecting the high quality of speeches and discussions over the two days, presentations given during the seminar will form the basis for chapters in an upcoming book to be published by the Chinese Academy of Social Sciences.
Concluding thoughts
The annual bilateral seminars play an important role in building legal research and education links between Finland and China. With such positive outcomes, this year’s seminar paves the way for future opportunities for Finnish and Chinese universities and research institutions to collaborate.
As Professor Liukkunen emphasized in her closing remarks, the seminar again highlighted the relevance of comparative law including the growing significance of the Nordic model in Chinese policy and academic circles.
‘We make comparisons’, Professor Liukkunen concluded. ‘We must realize that what appear to be similar can in fact be different. We need to have tools and equip ourselves to deal with obstacles and challenges in this undertaking, for which this seminar is a unique setting’.
Next year’s bilateral comparative law seminar will be held in China.
On 7 September the Finnish China Law Center welcomed a visiting group from Zhejiang University, China. The group was headed by Lin Ka, Professor Social Policy and Social Work, and the group’s visit to the Finnish China Law Center was hosted by its Director, Professor Ulla Liukkunen.
This visit was something of a homecoming for Professor Lin, who lived in Finland and worked as a Doctoral Researcher (1994-1999) and Research Fellow (1999-2002) in one of the Finnish China Law Center’s member institutions, the University of Tampere. Later, Professor Lin worked as a Senior Researcher (2003-2006) in the University of Turku, another of the Center’s member institutions.
During the group’s visit, Professors Lin and Liukkunen discussed a wide range of legal topics including the value of conducting comparative law between China and the Nordic states, recent developments in Chinese labour and social security law, and the increased interest in Chinese academic and policy circles about the Nordic welfare model.
Professors Liukkunen and Lin also discussed concrete ways to strengthen the relationship between Zhejiang University and the Finnish China Law Center and its member institutions.
Zhejiang University, one of China’s leading research and education institutions, has relationships with a number of Finnish China Law Center member institutions. These include a mobility agreement between the Zhejiang University School of Management and the Hanken School of Economics and an institutional partnership with the University of Turku. More information about Zhejiang University’s relationship with the Center’s member institutions can be found in the Center’s recent report.