‘Latest Developments in Chinese Intellectual Property Law’
The guest lecture will be given at 10:15 – 11:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).
Professor Jin’s research covers various aspects of intellectual property legal theory and practice, including broad issues such as IP as private rights and IP and social development, and specific issues such as copyright fair use, trademark consumer surveys and compulsory patent licenses.
Professor Jin, Remnin University Law School.
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.
On Tuesday 10 April 2018, Professor Kjeld Erik Brødsgaard (柏思德) of the Department of International Economics and Management and Director of the China Studies Program at Copenhagen Business School, hosted a seminar on:
State-Owned Enterprise Reform and Party-Business Relations in China
Chinese business groups have grown into huge enterprises with significant economic and political clout. As a result of institutional reform, corporate restructuring, and listings in China and abroad, these business groups, especially within the energy sector, have become so big, profitable and well-connected that they are challenging the authority of the central government. Yet, increasingly, business leaders are appointed to government positions as ministers or provincial governors.
What is the mechanism of this elite circulation and how does it impact the power relations between Party-state- business in China as well as the likelihood of fundamental state-owned enteprise (SOE) reform?
The seminar advanced the notion of ‘fragmented integration’ to characterize the evolving relationship between business groups and the Party-state.
The seminar also argued that in order to abolish vested interests and interest politics, reform of the role, function, and organization of Chinese business groups is necessary.
Professor Kjeld Erik Brødsgaard, Department of International Economics and Management and Director of the China Studies Program, Copenhagen Business School
Professor Brødsgaard is the author or editor of 30 books, most recently Chinese Politics as Fragmented Authoritarianism: Earthquakes, Energy and Environment (2016); From Accelerated Accumulation to Socialist Market Economy in China: Economic Discourse andDevelopment From 1953 to the Present (2017) and Critical Readings on the Chinese Communist Party, 4 vols. (2017).
Professor Brødsgaard has held visiting research appointments in China, Hong Kong, Singapore, Taiwan and the USA. He is, among others, member of the International Advisory Board of the East Asian Institute, National University of Singapore; member of the Board of Sino-Danish University Centre for Education and Research, and member of the Board of Directors, the Danish-Chinese Business Forum. He is also a Non-resident Professor at the Institute of Public Policy, South China University of Technology; an Honorary Research Fellow at the Research Centre for Contemporary China, School of Government, Peking University.
Yajie Zhao (left) presenting her thesis on 23 March 2018 in the Faculty of Law, University of Helsinki. Also pictured are Professor Pia Letto-Vanamo, Dean of the Faculty of Law (middle) and Professor Li Mingde of the Chinese Academy of Social Sciences (right).
During her presentation, Ms Zhao discussed the evolution of Chinese intellectual property (IP) mechanisms as China progressed on its national development and transition to becoming a ‘well-developed country’. Ms Zhao approached her subject from the perspective of (IP), with a special focus on the People’s Republic of China since 1949.
Professor Li Mingde (left), Yajie Zhao (middle) and Professor Pia Letto-Vanamo (right).
Professor Li Mingde strongly recommended that Ms Zhao’s doctoral thesis be accepted. In his comments, he praised Ms Zhao’s thesis on its scope and originality. During a long discussion with Ms Zhao, Professor Li asked many probing questions not only about Ms Zhao’s thesis but more broadly about the current state of Chinese IP law, the challenges facing China’s IP system and the enforcement of IP rights, the roles of administrative and judicial IP right enforcement, and the prospects for its future development.
In her closing comments, Ms Zhao thanked those who have supported her during her thesis, including her thesis supervisor Professor Niklas Bruun (University of Helsinki / Hanken School of Economics).
Ms Zhao’s list of publications, lectures, other academic activities and full CV can be found on the website of University of Helsinki.
Professor Li Mingde (left), Yajie Zhao (middle) and Professor Niklas Bruun (right).
Thesis abstract
This thesis explores the evolution of Chinese IP mechanisms during national development and transition to becoming a well-developed country. This subject is studied from the perspective of intellectual property (IP), with a special focus on the People’s Republic of China since 1949.
Internationally, the Chinese State, as a late-developing country, has adopted various mechanisms to narrow its gap in income and in technological capability in relation to developed countries. Meanwhile, internally, China itself is going through a crucial stage of social transition, and switching its economic model from labour-intensive mode to high-tech and innovation-intensive mode. During China’s international ‘catch-up’ process, and its own social transition, the role of IP has constantly changed.
This research on China’s IP covers a period of the late Qing Dynasty until early June 2017, especially focusing on the period after 1949 and the modern Chinese IP system since its Reform and Opening-up Policy in 1979. The reviewed literature covers: (1) Chinese IP-related legislation and policies; (2) the domestic and international academic IP studies; (3) research reports from international organizations; (4) central reports from the Central Committee of the Communist Party of China, other reports and speeches from the central government with a historical period start from 1933; and (5) IP-related annual reports and statistics from the State Intellectual Property Office and the various levels of the people’s court.
This thesis combines the narrative approach of Chinese IP studies, law in context, and historical perspective, and specifically studies the question: ‘what is the IP system’s role in the catch-up process of China?’ The main research question is divided into sub questions: How does the development of the IP system and the national Science and Technology (S&T) integrate with each other (Chapter 2)? How is the IP system absorbed into Chinese society? The absorption of an IP system is explored via two aspects: one imperative aspect is the evolution of IP system from the perspective of enforcement (Chapter 3); and the other is how the IP system from the state level involved has impacted on the Chinese business players (Chapter 4). The manuscript concludes: Even though external pressures played an undeniable role during Chinese IP development, which can chase back to the 19th Century, China has been constantly advancing its IP system and its implementation mainly because of its internal and developmental needs since 1949 (Chapter 5).
The outcome of this thesis summarises the three decades of Chinese modern IP development and its enforcement in the following way: an advanced legislation system that goes along with the international standards, an enforcement system with Chinese characteristics, and an administrative system for registration and examination focusing mainly on the domestic industries yet taking international practices as reference. China’s adjustments of the IP policies are ultimately determined by the overall objectives for catching up and building an innovative country. China updates its IP system strictly in line with its level of national S&T development. Based on the internal and international conditions, it is a selected development model from China’s side to emphasize IP reform and modernization.
Cover of Doctoral Researcher Yajie Zhao’s published thesis.
Professor Li Mingde, Chinese Academy of Social Sciences (Photo credit: http://www.iolaw.org.cn)
Professor Li, from the Intellectual Property Center of the Chinese Academy of Social Sciences (CASS), is a leading expert on IP law. In his presentation he discussed the latest developments in the reform of Chinese copyright law as well as recent developments in other fields of IP. The experience from the specialized IP Courts and the background of the recently established new IP Courts in Shenzhen and Xi’an was also addressed. Finally, Professor Li discussed the reform of the administration on IP-related issues, including the changes of the role of the Chinese SIPO.
The newly-established Sino-Finnish Research Center for Science, Technology and Innovation (Sino-Finnish STI Center), co-founded by Finnish China Law Center member institution the University of Vaasa and the Chinese Academy of Sciences’ Institute of Strategy and Development, held an International Forum on Energy Transition during Vaasa EnergyWeek (19 – 23 March 2018).
The International Forum on Energy Transition was held from 8:30-15:30 on 20 March 2018 at Vaasa City Hall (8:30-12:30) and Fabriikki F118, University of Vaasa (13:30-15:30). The event was free and open to all.
Full program and list of speakers
The purpose of the International Forum on Energy Transition was to engage policy makers, research experts and industrial practitioners from China and Europe to discuss energy transition activities and related policies policies. By doing so, the organizer’s hoped to promote international cooperation between China and Europe towards green growth.
Speakers at the Forum included Dr Jari Kuusisto (Rector of University of Vaasa), Pan Jiao Feng (President of Chinese Academy of Sciences Institutes of Science and Development), Professor Bai Quan (Vice-Director of the Energy Efficiency Center, Energy Research Institute, National Development and Reform Commission), Joakim Strand (Member of Parliament of Finland), Guo Xiaoguang (Counselor of Chinese Embassy to Finland) and more.
The full program and list of speakers can be found here.
Picture credit: https://www.energyweek.fi/
About the Sino-Finnish STI Center
The aim of the new Sino-Finnish STI Center is develop a think tank supporting policy makers and business in Europe and China. The Center’s mission is to address environmental and societal challenges and promote economic growth by means of conducting policy studies on science technology and innovation.
The Kone Foundation, an independent non-profit organisation with a mission to make the world a better place by advancing initiatives in research and the arts, offered two 4 to 6 month-long scholarships to conduct research in China. The cut-off to apply for those scholarship was 28 March 2018.
The Finnish member universities of the Fudan Nordic Center are the University of Helsinki, the University of Eastern Finland, Hanken School of Economics, the University of Lapland, the University of Tampere and the University of Turku. All of these universities are also member institutions of the Finnish Center of Chinese Law.
The scholarship program is intended to support and expand China-related research conducted in the Finnish universities. The aim is to stimulate researchers to expand their research focus towards research connected with China and to facilitate longer research periods in China. When possible and relevant, doctoral candidates can attend teaching offered by the Fudan Nordic Centre.
Further information and application process
More information about the scholarships, including the full Call for Applications and instructions on how to apply, can be found on Asianet’s website.
Logo of the Nordic Center, Fudan University, China
According to Feedspot.com, the ranking was based on the following criteria:
Google reputation and Google search ranking
Influence and popularity on Facebook, twitter and other social media sites
Quality and consistency of posts; and
Feedspot.com’s editorial team and expert review.
The ranking was released on 21 February 2018 and the rankings list will be updated weekly.
‘I’m pleased at the attention the Finnish China Law Center’s blog is attracting from the Nordic region, China and around the world’, says Stuart Mooney, who manages the blog and is the Coordinator of the China Law Center.
‘The blog is an important forum through which the Center communicates with its stakeholders about the China law-related education and research activities of the Center and its 10 member institutions.’
‘We also use the blog to highlight the important contribution of our international partners, including the Chinese Academy of Social Sciences and Peking University, in promoting China law-related education and research in the Nordic region, as well as Nordic collaboration with Chinese scholars and institutions in the fields of comparative and international law’, Stuart says.
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.
The Finnish China Law Center, composed of 10 member institutions and based in the Faculty of Law at the University of Helsinki, would like to convey its sincerest wishes for the Chinese New Year to its friends and partners in China, the Nordic countries, and around the world.
‘At the start of the Year of the Dog’, says Professor Ulla Liukkunen, Director of the Center, ‘the Finnish China Law Center would like to reiterate how much we value our friendships and partnerships in China and internationally’.
‘We will continue to widen and deepen our international relationships in the upcoming year, during which we have planned an exciting array of events and activities on Chinese law and legal culture in Finland and China’.
祝你新年快乐!
Questions about the activities of the Center, including the upcoming China Law Research Workshop to be held on 19 April 2018, can be directed to the Coordinator of the Finnish China Law Center, stuart.mooney (at) helsinki.fi.
ELSA is an international, independent, non-political and non-profit organisation run by and for students and recent graduates interested in achieving academic and personal excellence in addition to their legal or law-related studies at university.
The visit by ELSA was hosted by Professor Pia Letto-Vanamo, Dean of the Faculty of Law at the University of Helsinki.
Professor Pia Letto-Vanamo, Dean of the Faculty of Law at the University of Helsinki, speaking during the ELSA visit
Dean Letto-Vanamo is a legal historian and comparative lawyer specialized in European legal history, history of European integration, Nordic legal culture(s) and transnational law, with a strong interest in Chinese law and Chinese legal culture.
During her opening speech at the event, Dean Letto-Vanamo delineated the history of comparative law and Chinese legal education and scholarship in Finland, and underscored the increasing importance of understanding Nordic law not just in its European context, but from the global perspective, including in comparison with Chinese law.
Professor Ulla Liukkunen, also of the University of Helsinki, was another speaker at the event. Professor Liukkunen is Director of the Finnish Center of Chinese Law and Chinese Legal Culture and has been recently elected as a Member of the Board of Directors of the European China Law Studies Association (欧洲中国法研究协会).
Professor Ulla Liukkunen, Director of the Finnish China Law Center, sharing her experiences as a China law researcher with visiting ELSA students
Professor Liukkunen spoke about the Finnish China Law Center’s role in facilitating and promoting China law and comparative law research, and about the increasing Nordic-wide approach to Chinese legal education and research. During her presentation, Professor Liukkunen also drew upon her research in Chinese law and comparative law involving China, and highlighted the importance of taking local conditions and culture into consideration when conducting comparative research with Chinese law.
Dr Yihong Zhang giving the main presentation during the ELSA student visit
Dr Zhang, who lectures at the University of Helsinki and is responsible for its popular annual summer school program in Chinese law, drew upon her academic and professional experience in China when discussing the Chinese legal system in a comparative context, including its foundations, sources of law, the way law is applied and enforced, and current legal ‘hot topics’ in China.
A short discussion followed Dr Zhang’s presentation, during which time students asked questions about China’s criminal justice system and the rule of law in China.
The Center strongly encourages students – and anyone else – interested in Chinese law and legal culture to follow its blog, Facebook and Twitter accounts.
Questions about Chinese law can be directed to the Coordinator of the Center, Stuart Mooney, at stuart.mooney (@) helsinki.fi.
Luova’s current research investigates how China’s environmental governance is imbued with local experiments and variation. She has found that enforcement of environmental regulations varies greatly.
‘There are striking differences in enforcement between the bureaucratic North and flexible South, and the wealthy East and less-developed West’, Luova says.
‘The recent re-centralization efforts and stricter environmental policy enforcement have not been effective in diminishing variation because of strong local interests and weak capacities in many cities’.
According to Luova, slack enforcement means that there can be large diversity in implementation even among sub-municipal units in a city.
‘It is therefore very important to pay attention to regional variation when dealing with China’.
‘Mega-city districts are nowadays powerful actors. With sub-municipal variation remaining unexplored, my recent research project has analysed the implementation of environmental policies and regulations in three urban districts in the city of Tianjin’, she says.
Outi Luova, Director of the Finnish University Network for Asian Studies and Vice Director of the Centre for East Asian Studies (CEAS) at the University of Turku, guest lecturing in China in October 2017.
In conducting her in-country research, Luova has faced increasing challenges in obtaining official documents and arranging interviews with Chinese civil servants as a result of a ‘tightening political atmosphere’.
‘I have been able to conduct interviews only thanks to my simultaneous participation in official sister-city delegation visits to Tianjin’, Luova says.
‘During my visits to China, I arranged focus-group interviews at city and district level departments of education and environmental protection. I also had a possibility to visit several so called “green schools” in Tianjin and get acquainted with local environmental NGOs’.
In addition to urban governance in China, Luova’s teaching and research interests include regional cooperation in East Asia, domestic migration in China, management of international labour migration in China and East Asia, ethnic issues in China and more generally, regional features and differences in China.
Luova’s research on regional differences in the implementation and enforcement of environmental law and policy in China, ‘Environmental policies enter the educational sector: Different shades of green at district level’, will be published in Greening China’s Urban Governance: Tackling Environmental and Sustainability Challenges (Jørgen Delman, Ren Yuan, Outi Luova, Mattias Burell, Oscar Almén eds) by Springer in 2018. Other related publications are also in the pipeline.
University of Helsinki
