On 12 November, the University of Lapland, in collaboration with the IPR University Center, hosted a seminar focusing on Chinese intellectual property law and China’s role in global governance.
The event was free and open to the public, and was of interest to a variety of audiences including lawyers, the business sector (including startups and entrepreneurs), students and scholars, as well as to the legislature and policymakers.
Event speakers included Professor Li Mingde, Director of the Intellectual Property Center of the Chinese Academy of Social Sciences, a key Chinese partner of the Finnish China Law Center.
Other key speakers included ShengHongsheng, Professor of Public International Law at Shanghai University of Political Sciences and Law and Director of the OBOR Judicial Research Institute at the the Supreme People’s Court.
Professor Matti Nojonen, Vice Chair of the Board of Directors of the Finnish China Law Center, also spoke.
Registration for the event was not compulsory. For those students who wished to gain 2 ECTS upon the attendance of the whole event, the event organized requested registration by 8 November.
According to the latest figures from the World Intellectual Property Organization (WIPO), China filed the most patents of any country worldwide in 2015, with Chinese companies registering more than 1.3 million patents, in 2017, an increase of 14.2% per year since 2015. China’s rise as an economy focused on high-quality development, is a substantially significant economic event.
The expanding range of China’s economic interactions has provoked the most recent attention to China as an emerging superpower. China’s economic successes are impressive enough and deserve attention; they reflect China’s late entry into the international community, in organs such as UN and World Bank. Therefore, it is of vital importance to understand China’s role in the international legal system and to examining possible alterations in China’s foreign policy principles, laws and practices.
The seminar focused on different points:
Discussion of the ongoing reforms in these Chinese legal landscapes and contextualize and compare them to the ongoing reforms that are occurring in the European legal systems.
As Beijing has announced it will take more active role in international affairs, will the China’s traditional conventional role and approach to international law change?
Opening remarks were delivered by Dr Harriet Lonka of the University of Eastern Finland and Tiina Lampisjärvi, Executive Director of the Finfood – Finnish Food Information.
A keynote was delivered by Dr Xiao Pinghui.
Dr Xiao is a senior lecturer at Guangzhou University Law School and a researcher (Sam Walton Scholar) affiliated to the Law School at the Center for Coordination and Innovation of Food Safety Governance of Renmin University of China. Since 2017 he has served as an officially accredited mentor of the National Food Safety Law Publicity Program launched by China Food and Drug Administration.
Another keynote was given by Professor Katja Weckström Lindroos.
Professor Weckström Lindroos is Professor of Commercial Law at UEF Law School, University of Eastern Finland. She specializes in intellectual property and international trade law with an emphasis on regulating emerging markets.
‘The Finnish China Law Center and the Faculty of Law of the University of Helsinki were pleased to organize and host this annual event’, said Professor Ulla Liukkunen, Director of the Finnish China Law Center.
‘The Center is proud to contribute to an important academic and social discussion within the Nordic region about the role and significance of law in China, and China’s increasing involvement in global affairs’, Professor Liukkunen said.
For Professor Liukkunen, the strength of Nordic China Law Week 2018 lay in the breadth and relevance of themes covered, the wide appeal of events to both the public and private sectors, and the involvement of scholars and participants from China, the Nordic region and other countries.
‘That the events during the Week were so well-attended testifies to the fact that Nordic interest in Chinese law and the Chinese legal system continues to grow’, Professor Liukkunen said.
‘I was particularly pleased at the diversity of participants during the Week. While the focus was primarily scholarly and academic, the organizers were careful to balance law, theory and concrete practice. This was important, including because of the Nordic business community’s deepening engagement with China’.
‘As Nordic China Law Week 2018 was organized to take account of both academic and practical perspectives, its events attracted participants not just from Nordic and Chinese academia, but also from legal practice, the Finnish corporate community – including entrepreneurs from Finland’s thriving startup scene, which is increasingly engaging with China – as well as participants from NGOs, international organizations, the media and the diplomatic community’.
‘For example, over 10 nationalities were represented among the more than 80 registered participants in the China Law Research Workshop. Startup founders, ambassadors, students, Finnish government representatives, leading Nordic scholars and representatives of multinational corporations discussed how to research and apply Chinese law, including the practicalities of doing field work and conducting business in China’, Professor Liukkunen said.
The Finnish China Law Center is thankful for the support provided by the University of Helsinki, one of the Center’s 10 member institutions.
‘The Center is grateful to Professor Jukka Kola, Rector of the University of Helsinki, for his support of Nordic China Law Week 2018, including through holding a Rector’s Reception after one of the Week’s flagship events, the China Law Research Workshop, hosted by the Dean of the Faculty of Law, Professor Pia Letto-Vanamo’.
More information about the Week, including media inquiries, can be directed to the Coordinator of the Center, Stuart Mooney, on stuart.mooney (at) helsinki.fi.
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:
‘Nordic China Law Week 2018 will be held 17 – 23 April and will feature an exciting array speakers and contributors from China and the Nordic region’, says Professor Ulla Liukkunen, Director of the Center.
‘This reflects ever-deepening interest in Chinese law in the Nordic academic, and broader public, arena’.
‘In addition, Nordic China Law Week 2018 is being held in response to strong and growing interest in Chinese law and the Chinese legal system from the private and non-profit sectors’, Professor Liukkunen says.
‘In light of corporate demand, including from local SMEs and startups, Nordic China Law Week 2018 will include many events on Chinese business and corporate law, including Chinese intellectual property law’.
The Week is targeted at lawyers, those in business (including entrepreneurs), people working in governments or international organizations, academics, students, those working in NGOs /civil society and anyone with an interest in learning about Chinese law and legal culture.
All events are free and open to the public, with the exception of the Nordic China Law Scholars Meeting (aimed at senior scholars from education and research institutions in the Nordic region, though junior academics, including doctoral candidates, are welcome to join). The host of the Nordic China Law Scholars Meeting will be Professor Pia Letto-Vanamo, Dean of the Faculty of Law of the University of Helsinki.
Further details of each event in Nordic China Law Week 2018, as well as links to register where relevant, can be found in the following event pages on the website of the Finnish China Law Center:
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.
‘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.
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.
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 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.
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.
FinCEAL Plus Asia, a program financed by the Finnish Ministry of Education and Culture, has opened a targeted travel grant call to support the participation of 1-3 senior level experts from Finnish universities, universities of applied sciences or research institutions interested in attending the Matchmaking Tour to China (Chengdu, Beijing and Qingdao).
The Matchmaking Tour to China is organized by the European Research and Innovation Centre of Excellence in China (ERICENA) from 23-31 October 2017.
ERICENA will be officially launched and setup in Beijing in October 2017 with a first regional Centre in Chengdu, during Matchmaking tour in Beijing, Chengdu and Qingdao from 24th until 31 of October 2017.
More information about the Matchmaking Tour, including registration, can be found here.
The travel grant call is directed to experts – including legal experts – focusing on or interested in building further collaboration with partners in China. The thematic areas include renewable energy, ICT, health, food security and safety, water management, cleantech, and nanotechnology.
Please note that the travel grant call is only for senior level experts (with a strong academic background), of Finnish universities, universities of applied sciences and research centers, and residing in Finland only, and only for this particular event. Interested researchers should send a short description detailing their interest in the event and how it relates to their work and FinCEAL Plus Asia thematic areas. A CV or link to your profile should also be included.
FinCEAL Plus Asia will award 1-3 grants. The maximum individual grants are between 1400€-1500€ depending on the destination and departure city in Finland. The grant can be used to cover travel, accommodation, and daily allowances. The deadline for sending the travel grant applications is 13 September. The deadline for the registration to the Matchmaking tour is 17 September.
More information about the travel grant call can be found here.
All applications and related questions should be sent by email to Jarkko Mutanen, Jarkko. Mutanen[at]uef.fi, Coordinator of FinCEAL Plus Asia.