Hosted by the international research project Law and the Other in Post-Multicultural Europe, Associate Professor William Hui-yen Hsu from Dong Hwa University, Taiwan, on Friday, 9th October 2015, gave a guest lecture on Taiwan’s implementation of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Associate Professor William Hui-yen Hsu from Dong Hwa University, Taiwan
The lecture highlighted the implementation process Taiwan has gone through as a non-contracting party to the treaties, and the specific implementing measures adopted domestically to fulfill the goal. Professor Hsu supplemented the lecture with sample Supreme Court cases on cultural rights issues, as well as his personal observation of the changes to Supreme Court’s approach to death penalty pre- and post-implementation of ICCPR. Lastly, Professor Hsu suggested that the culture of human rights has remained premature in Taiwan, and that more changes to existing laws would be needed in order for the country to be fully aligned with that prescribed by the treaties.
Professor Liukkunen and Director Fan Yiming, Legislative Affairs Office of Zhangjiagang Municipal People’s Government
Professor Liukkunen received a delegation of officials from the Jiangsu province on Monday, 28th September 2015.
The delegation constituted of the Mrs Gao Hua, Deputy Inspector of the Legislative Affairs Office of Jiangsu Provincial People’s Government, the directors of the legislative affairs offices of Nanjing, Huai’an and Zhangjiagang Municipal People’s Governments – Mrs Yang Yiqun, Mr Wang Changgen, Mrs Fan Yiming, the director of the Legislative Affair Office of Siyang County People’s Government, Mr Cui Liang and the Deputy Director of the Changzhou Arbitration Commission, Mr Zhang Xiang.
Professor Liukkunen with the delegation from Jiangsu Province
Firstly, Professor Liukkunen shortly introduced the process of law drafting in Finland as well as the China Law Center, its activities and related research projects. Most of the meeting however was based on an open exchange and discussion during which the members of the delegation expressed a real interest in the Finnish law drafting process and the China Law Center.
The International Conference on Innovation and Communications Law (CICL) is a joint venture involving the University of Turku (Finland), the University of Eastern Finland, the University of Louisville (USA), Michigan State University (USA), and Drake University (USA). This international alliance seeks to explore legal issues involving intellectual property law, communications law, and other issues related to these areas or the intersection of the two. This year the Intellectual Property Research Institute, Xiamen University hosted and organised on the 6-7 July 2015 the CICL. The conference counted with the attendance and participation of prominent international and local specialists whom discussed in eight intensive sessions the latest developments concerning innovation, intellectual property law, communications law and competition law.
Dr Dhanay María Cadillo Chandler and Professor Katja Lindroos
A welcoming dinner initiated the conference on the night of the 5th of July, where all of the foreign attendants had the opportunity to have a taste of both the local flavours and the hosts’ hospitality. The conference was officially opened by the authorities of the Faculty of Law – Xiamen University, the Intellectual Property Research Institute -Xiamen University, and the Shinhwa International Intellectual Property Service – Xiamen among them Prof. Dr. Xiuqin Lin, and Prof. Dr. Peter Yu. During the opening ceremony the authorities highlighted the importance of scholarly research, given that our main goal is to learn how to deal with innovation? And also to find the challenges within the existent laws that could potentially deter or prompt innovation. These powerful words set the tone for the conference that began discussing in its first session issues related to Communication Technology and Intellectual Property. Prof. Dr. Tana Pistorius (University of South Africa) chaired this panel, where the presenters included Prof. Dr. Spyros Maniatis (Queen Mary University of London), Prof. Dr. Wushuang Huang (East China University of Political Science and Law) and Prof. Dr. Nari Lee (Hanken School of Economics).
The following session introduced issues related to Domain Names, Big Data and Intellectual Property. Lars Smith (University of Louisville) chaired this second session where Susan Corbett (Victoria University of Wellington) brought to the spotlight the importance of protecting country codes Domain names as consumers might be misled into devious gambling sites that have nothing to do with the country these sites claim to be from. Dongmei Xiao (Xiangtan University) addressed the issue of big data and the objectification of assessment of inventive step of patents. Tana Pistorius (University of South Africa) shed light on the information divide and whether we all have access to quality of information within the context of her presentation on Copyright Protection and databases or the function of trademarks and adwords or the impact of new gTLDs. The context of all presentations was summarised and discussed by Llewellyn Gibbons (University of Toledo).
Within the framework of “New Innovation Model and Intellectual Property” the third session took place under the supervision of Spyros Maniatis (Queen Maty University). In this session Geertrui Van Overwalle (K.U.Leuven) discussed in the context of her presentation ‘Open innovation in agriculture and new modes of sharing IP’ how collaborative licensing models i.e. Syngenta –Licensing platform might present with an alternative to promote a cost effective solution for companies to innovate in the field of agriculture. Following the need to foster innovation, Yahong Li (University of Hong Kong) discusses copyrights and creativity challenges. Xiaoqing Feng (China University of Political Science and Law) brought to the spotlight how new technologies are challenging the current intellectual property framework, thus calling upon efficient law reforms. Guobin Cui (Tsinghua University) has the duty to put in context all four presentations.
The first day of conference closed with the fourth session addressing Biotechnology, Pharmaceutical Technology and intellectual property where Geertrui Van Overwalle was the chair. With a thought provocative presentation Martin Adelman (George Washington University) contested the existence of patent tickets on the one hand, and on the other addressed the current misconception in the U.S.A about second medical uses patents which raised the question on how to encourage innovation on known compounds when second use patents are not necessarily granted. Katja Lindroos (University of Eastern Finland) assessed the issue of intellectual property, biotechnology and food where the goal is to find where the IP system clashes with food safety laws arguing that innovation and market entry could be jeopardized by the clash of these two systems. Mei-Hsin Wang (National Yunlin University of Science and Technology) discussed how strategic management on green technology IP rights has fostered innovation and cost savings throughout the use of alliances. Said alliances seems to work for the green tech sector however its applicability have not been proven or put to test on other sectors. Lucas Osborn (Campbell University) explained how weaker patents might help fostering innovation and development in the sector of 3D printing. Arguing how technology helps lowering the price of innovation i.e. DNA sequencing has dramatically lowers its prices. However, the speaker recognised the need to test further the hypothesis given that other industries i.e. Pharma, is heavily dependant on patents. Dhanay Cadillo Chandler (Univeristy of Helsinki) had the duty to summarise and comment on these presentations.
On Tuesday 7th, the conference continued with four more sessions on pressing intellectual property and technology issues. The fifth session on 3D Printing and Intellectual Property was chaired by Peter Yu (Texas A&M University) began with Nari Lee’s (Hanken School of Economics) presentation about 3D Printing and IP and communication law where limitations and exceptions on the IP law in terms of copyrights were assessed. Among the issues discussed within the frame of this presentation was the fact that 3D printers per se are not as controversial as the objects printed since these could infringe i.e. trademarks. The session continued with Phoebe Li (University of Sussex) analysing the impact of 3D printing for the medical industry. This presentation pointed out the importance of 3D printing to reduce the cost of medical ‘treatment or solutions’ i.e. tissue or parts. Even when 3D printed prosthetic could alleviate a patient’s need it also raises the question of liability in case of malfunction or if damage occurs while using the aforementioned prosthetic. Nonetheless as an invention medical 3D printing seems to present an avenue for innovation. This panel was discussed and commented by Xiaoqing Feng (China University of Political Science and Law).
FRAND and intellectual property licensing was analysed within the context of the sixth session and chaired by Nari Lee (Hanken School of Economics), where John Crossed (University of Louisville) discussed the meaning of what is “fair” in FRAND licensing. Arguing that if the meaning of far is taken out of its literal context could become problematic. Even when monopoly laws bring limitations and licensing the effect on the market is a definitive indicator of such interpretation. Yang Li (Shenzhen University) brought to the spotlight the importance in differentiating a patent hold-up from a FRAND hold up within the context of his presentation on FRAND hold-up and its solutions. Xiuqin Lin (Xiamen University) raised the importance of standardisation within the frame of her presentation ‘Interpretation of FRAND: A Chinese perspective’. Kan He (Hanken School of Economics) presented the session’s summary addressed important questions to the speakers.
John Cross (University of Louisville) chaired the seventh session on ‘New perspectives on intellectual property’. In this panel consumer protection was at the centre of the discussion since Huijia Xie (South China University of Technology) highlighted its importance within the context of copyright law. Later on Huijuan Dong (Xiamen University) pointed out the value of regulating TPM for consumers. In the realm of consumer protection Ann Bartow (University of New Hampshire) depicted on how college mascots, which are their trademarks, are at the same time male dominated, thus, discriminating female athletes. The discussion showed that trademark law in the U.S.A sufficient to prevent gender discrimination. Sussan Corbett (Victoria University of Wellington) brought together the three presentations with interesting comments.
The last session of the conference ‘Cross-border Intellectual Property Protection and Government Regulation’ chaired by Katja Lindroos (University of Eastern Finland) encompassed a variety of issues not only related to IP but also technology. Liguo Zhang (University of Helsinki) addressed the Importance of the Qualcomm decision and its implications for the Chinese context, for instance the lack of definition of early abuse constitutes a dilemma since this might fall within the scope of anti-monopoly law. Alexandra George (University of South Wales) drew attention on the issue of new avenues fro cross border protection and enforcement of IP rights. With her presentation ‘Globalising jurisdiction: new developments in cross-territorial protection of intellectual property’ portrayed the possibility to use extradition laws to enforce intellectual property protection could be a viable option given that litigating the same case in several jurisdictions is extremely costly. On a more technology minded presentation Lars Smith (University of Louisville) depicted on how U.S.A has began or aimed at regulating Bitcoin despite the fact that it is not really currency or a bank. The session closed with V.C. Vivekanandan (NALSAR University of Law) presentation on the ‘Battle of the Broadcasting Treaty’. For this panel Martin Adelman (George Washington University) presented comments and initiated the final discussion of the conference.
The closing ceremony was in the hands of Xiuqin Lin, Katja Lindroos, Peter Yo and John Cross whom warmly welcome the participants to next year’s conference in Finland. The conference was co-organized by Drake University, Michigan State University, School of Law Xiamen University, Office of Social Science Xiamen University, Office of International Exchange and Cooperation, State Intellectual Property Training (Fujian) Base and also sponsored by Shinhwa International Intellectual Property Service.
“Climate Law in Finland and China: Outlines of European and Chinese climate change mitigation and energy efficiency regulation” Jenny Rontu, Sara Kymenvaara, Ari Ekroos (Eds.), Aalto University publication series Science + Technology 6/2015.
This book aims to present an outline of climate change legislation and policy in both Finland and China. The focus is predominantly on policy and legislation concerning mitigation of climate change. Although climate legislation is extensive and it is developing fast, this volume covers its most important parts and is definitely a unique and up-to-date comparison of climate change policy and legislation in China.
The publication is divided into five parts: overall view of climate change policy and legislation in China and Finland, emission trading schemes, renewable energy policy and legislation, energy efficiency regulation, and carbon capture and storage regulation.
Professor Qin Tianbao and Professor Ari Ekroos at the Climate Law Seminar held on 10 June 2015
The book has been presented during the project’s closing seminar on 10th June 2015. The seminar brought once again together the Finnish and Chinese researchers composing the research team, as well as scholars and practitioners working in the field of environmental law. The in-depth discussion was a continuation of the previous seminars and workshop held in Wuhan, Helsinki, Tallinn and Kaifeng. Although the project came to an end, all participants consider the importance of furthering comparative research in the field of climate law.
We are glad to announce that Lappeenranta University of Technology became the tenth Member of the Finnish Center of Chinese Law and Chinese Legal Culture on 1 July 2015.
Lappeenranta University of Technology (LUT) is a pioneering science university in Finland, bringing together the fields of science and business since 1969. LUT is bringing its unique expertise in energy systems and environmental issues, which will certainly complement this of the other Member Institutions. LUT is also a member of the Nordic Center in Fudan.
As in the case of the other Member Institution, the Center, with the help of the library staff, has made access to ChinaLawInfo available to LUT’s students and staff. Lappeeranta Academic Library designated one computer from which ChinaLawInfo can be accessed. Please refer to the map below to locate the computer:
As a part of patent licensing academy and Helsinki IP summer school 2015, the seminar ‘China IP Day IV’ took place in Scandic Hotel Simonkatu on 12th June 2015. It is the fourth seminar hosted by IPR University Centre and Hanken School of Economics to help Finnish community understand the Chinese IP laws and how to better enforce their rights in China. This seminar is also one of the activities organized within the framework of the Finnish Academy funded project ‘Legal Transplant For Innovation and Creativity: A Sino-Finnish Comparative Study On Governance of Intellectual Property Rights.’
Professor Nari Lee opening the China IP Day IV
In this seminar, three scholars and one manager talked on the anti-monopoly law in the field of IP. Mr. Kan He from Hanken School of Economics offered the audience a general picture on IP enforcement and anti-monopoly law in the field of IP. Dr. Liguo Zhang (University of Helsinki) analysed the recently decided Qualcomm Case and offered advices for companies on patent licensing in China within the influence of Qualcomm case. Prof. Dr. Weijun Zhang talked about the legislation and cases concerning SEPs (Standard Essential Patent) and enforcement through different agencies. Lastly, Mr. An Jun offered the audience advice on business opportunities and presented IP latest developed in China. Professor Dr. Hanns Ullrich from College of Europe and Dr. Henning Grosse Ruse-Khan from King’s College, Cambridge University, offered comprehensive comments on the presentation that enable a vivid discussion involving not only the speakers but also the participants.
The 7th Bilateral Seminar on Comparative Law took place in Beijing on 6-7 June 2015. Once again, this international seminar created an important platform for Finnish and Chinese legal scholars to discuss Rule of Law and its practical implementation. New legal developments in both countries were presented on specific issues such as labour protection of intra- and interstate migrant workers, equality and non-discrimination based on gender, as well as the role of judiciary.
Session on New Development of the Rule of Law in Finland and China: Professor Johanna Niemi, Professor Jarna Petman, Professor Mo Jihong, Professor Kimmo NuotioSession on The Rule of Law and Safeguarding of Labor Rights: Professor Pia Letto-Vanamo, Mr. Guo Jun, Professor Ulla Liukkunen, Mr. Rui Lixin
In her opening address, Professor Ulla Liukkunen, Director of the Finnish Center of Chinese Law and Chinese Legal Culture, said that it is undeniable that the Sino-Finnish Seminar is now a well-established tradition and will certainly continue. Likewise, in his closing remarks Professor Xie Zengyi stressed the exceptional character of the cooperation between Finland and China, which is grounded in real commitment, mutual t trust, appreciation and understanding. He added as well that the Sino-Finnish experience is a model based on which the Institute of Law at the Chinese Academy of Social Sciences may develop successful international cooperation with other countries.
Opening Session: Professor Mo Jiohong, Professor Kimmo Nuotio, Professor Li Lin, Professor Ulla LiukkunenClosing Remarks: Professor Xie Zengyi, Professor Mo Jiohong, Professor Kimmo Nuotio, Professor Johanna Niemi
The collaboration between Finland and CASS, Institute of Law has been uninterrupted since 2009. Its success lies in in-depth academic cooperation that further develops a truly comparative methodology. For the last seven years, Finnish and Chinese legal scholars have met, alternatively in Finland and China, to discuss pressing legal issues, relevant not only to the Finnish and Chinese domestic systems, but also globally. Since 2012, CASS and Finnish Universities are carrying out jointly several research projects on important issues such as employee participation, intellectual property, the arctic question, environmental law and gender issues. Both the seminars and research projects can present tangible outcomes in forms of international publications. Additionally, what has started as cooperation between CASS and its Finnish homologue, the Academy of Finland, has brought together also Finnish key players, as demonstrated by the existence of the Finnish Center of Chinese Law and Chinese Legal Culture, constituted of eight Finnish Universities.
At the occasion of the Seminar, the leaders of the exchange, Professor Li Lin, Dean Kimmo Nuotio and Professor Ulla Liukkunen renewed their commitment to develop further the collaboration and continue Sino-Finnish dialogue on Rule of Law development.
Please visit CASS website for more information in Chinese.
Opening of the doctoral seminar with keynote speakers: Prof. Ditlev Tamm, Prof. Pia Letto-Vanamo, Prof. Kimmo Nuotio, Prof. Sun and Prof. Wang
Professor Kimmo Nuotio led a delegation of doctoral students, from all Finnish law faculties. First, they attended a two days Sino-Nordic doctoral seminar
in Shanghai, co-organized with Fudan University Law School and with the support of the Nordic Center. Both Finnish and Chinese young scholars gave presentations based on their their broader doctoral research. All participants were very enthusiastic aboutthe opportunity to exchange ideas and learn from each other, therefore the discussion continue beyond the lecture venue to the dinner tables filled with Chinese cuisine specialties.
Some of the doctoral researchers: Kristof Petretei, Tuomas Tiittala, Daniel Acquah, Ekpemi Ekhabafe, Timo Enroth, Niko Soininen, Hanna Lukkari, Anna Petretei and Beata Mäihäniemi
The discussions and exchange between the young generation of scholars have been of a high academic level and set strong foundation for comparative studies. Therefore, it the idea of continuing such seminars was warmly welcomed. The Danish Forum of Chinese Law and Chinese Legal Culture offered to organize the next Sino-Nordic Doctoral Seminar in 2016.
LCW graduate school covers all fields of legal studies, from various branches of positive law to general jurisprudential studies. Each doctoral student will get acquainted with the europeanisation and the globalisation of law. In 2009 call the emphasis is on comparative law. However, the topic or the approach of the doctoral thesis is not expected to connect tightly with these issues. LCW provides the doctoral students with a systematic 4-year research training programme. All three Finnish Faculties of Law as well as other legal university institutes and departments in Finland take part in the graduate school.
Assistant Professor Lin Lin From the National University of Singapore (NUS) visited the Center in May 2015. Dr. Lin is a Corporate Law scholar specialized in Alternative Investment Vehicles and Chinese Commercial Law. During her stay, Prof. Lin gave a guest lecture on Venture Capital law and practice in China, during which she introduced the law and practices of venture capital in the context of China. She presented as well how China has created a vibrant venture capital market over the past thirty years, particularly by providing capital, creating specialized investment vehicles, and encouraging innovation and entrepreneurship. Lastly, the role of Chinese government in the development of the sector, the regulatory framework governing venture capital, the peculiar legal and institutional problems within the Chinese venture capital cycle, as well as the legal solutions to these problems were discussed.
The lecture was attended by researchers as well as students from the University of Helsinki and Aalto University, who showed high interest and knowledge in the topic during a prolonged discussion session following the lecture.
Professor Johanna Niemi is Professor of Procedural Law at the University of Turku and expert in insolvency law, in particular on issue of debts of private individuals, as well as in gendered violence.
Johanna Niemi is the principal investigator of the Academy of Finland research project “Gendered Choices in Structures of Law and Gender”, carried out jointly with CASS, Institute of Law. This research project studies law and gender as the central social structures constricting the choices by women and men. In her opinion exchange of ideas and co-operation with Chinese scholars in this area is very important as both societies deal with similar issues, among which violence against women, “but also more general equality issues, such as discrimination on the basis of maternity” she says.
Professor Niemi underlines however that it is quite impossible to compare the level of gender equality in such different political and cultural contexts as the Chinese and the Finnish. Therefore the collaboration, based on the exchange of information and ideas, is really about learning from another legal system to gain new perspective to approach your own. She adds that “sometimes you learn to appreciate your own; sometimes it helps to see problems or solutions that you would not have thought about otherwise”. Therefore, thinking of the impact that this project will have, Professor Niemi hopes to provide support to her Chinese colleagues. While attending various round-tables and other academic events, she perceived that Chinese scholars value the opinion of their Western colleagues. Even more, as they have a lot of expertise themselves, they ably ‘pick and choose’ what fits their society best. Professor Niemi reminds however, that this learning process is not a one way stream and Finland could also learn from China. The respect for cultural values and long cultural tradition is worth to be explored as well as how the different historical impacts are reflected in contemporary society and law.
In June 2014, Johanna Niemi has been chosen as Finnish Academy Minna Canth Professor to conduct her research project on perception of gender and equality. Professor Niemi admits she admires Minna Canth for her inspirating social justice feminism and her determination in seeking constructive discussion with the contemporary public thinkers. “I like the way in which she challenges the critique that feminism is a movement for middle class women’s rights (only)”, she says. Although, Niemi believes she was born a feminist, and brought the feminine inclination already in her doctoral dissertation on debt adjustment, she fully embraced the gender perspective in her post-doctorate research. When she started to look for a new research focus in the procedural law field, Niemi realized that “that violence against women and procedural law is a theme that no other procedural law scholar is going to take up”. Undeniably, it is the awareness of human rights issues that she developed since her teenage years that encourage her to take on this responsibility. It is for the same close connection with human and fundamental rights that Niemi finds her interests in criminal procedure and crime investigation, and will always work on the debt issues of ordinary people.
As Johanna Niemi built her expertise in law, she lived and worked in every important place around Finland: Helsinki, Turku, Vaasa and Rovaniemi. There is no doubt that she would be one of the best people to advice visiting scholars on what to visit and do while in Finland. Turku, Rovaniemi and Oulu all have a magnificent river and a river-side in the middle of the city and Vaasa the sea-side, so there is nothing better than walking around and enjoying the atmosphere. She also points out that “the art museums and classical music have a surprisingly high level in Finnish middle-size towns and one can enjoy them without language barriers” Professor Niemi is not a shopping person but if she should recommend some places to visit for our Chinese Researchers coming to Finland it would be the Marimekko, Finnlayson and Iittala shops, not to forget Muumi-dolls that you find in tourist shops.
The second seminar organized by the Academy of Finland Research Project ‘Employee Participation and Collective Bargaining in the Era of Globalization – Nordic and Chinese Perspectives’ gave a unique opportunity to labour law and company law scholars to jointly discuss issues of Corporate Governance and the role of Employees in it. The seminar “Who are the Stakeholders? Comparative Perspectives on Corporate Governance and Employees’ Role in the Corporation“, held on 7-8 May 2015 in Helsinki was co-organized with the Faculty of Law at the University of Turku.
The event was hosted by Ulla Liukkunen, Professor of Private International Law and Labour Law at the University of Helsinki, and Professor Jukka Mähönen, Dean of the Faculty of Law at the University of Turku.
Opening of the seminar by Professor Ulla Liukkunen
The idea behind the seminar was to bring together the perspective of company law scholars and labour law scholars to reach a more comprehensive understanding of the reality and complexity of issues related to corporate governance and employee participation. Such event was surely needed as speakers, coming from various European countries, United States and China, underlined the importance of a holistic approach to the tackled issues and called for more interconnection between company law and labour law perspectives.
The seminar took place in a friendly atmosphere and the mutual respect enabled a genuine exchange of ideas. The insightful presentations gave a great starting point for lively and fruitful discussion that engaged not only speakers but also the audience constituted of scholars and practitioners.
For a full account of the seminar we invite you to visit the project website.
University of Helsinki
