CONSTANT RISE ?

BEIJING - The title of today's post has little to do (well..in some way) with the first couple of paragraphs to follow, and I did not separate the posts because it just makes more sense like this.

Yesterday the European Chamber of Commerce (EUCCC) and the American one (AMCHAM) organized an event on the new Chinese Patent Law (CPL) that was promulgated in 2008 but entered into force on 1 October 2009 replacing its 2001 edition (the new Implementing Regulations and Inspection Guidelinies consequently entered into force week earlier this week on Monday 1 Februrary), called New Chinese Patent Law and the Impact on Business. Also SIPO's Commissioner Tian Lipu was there for his key note opening speech and other paramount figures took the floor, alternatively with experts from the industry and scholars.

There are very positive innovations in the new CPL: Accordingly, hereby not complete and in no order of importance, rather, of appearance: New absolute novelty requirement; higher treshold for granting procedure and examination; harsh (but fair) raise of statutory damages and penalties award (soaring penelties to 400% of the illicit profit and, also if no illicit profit has occurred, damages payments now go to 200'000RMB, aka. roughly 19'500 Euro - all depending on the kind of patent infringed, the nature of the infringement and, again, on the value). Moreover, design patents will face a harder examination, and designs such as beer or soft drink bottles or wine labels can no longer be awarded design patents; etc.

Also, in the recently baked CPL some drawbacks are showing, but which new law goes without? Will name just very very few, as the new CPL unfolds over businesses and as I consider myself less than an amateur on this: There are grey zones about compulsory licences and the levels of disclosure, especially in the medical field (where developing countries such as China may request medical patents for free in light of TRIPS articles 4, 5(b) and (c), but where it could also be a great promoter and distributor of medical supplies and medicines, given its enormous productive power, new to no one); some further concerns regarding overall expenditures that might be costly for the Country's R&D funds and resources (see FP7 reports on how China had been doing in the last years), etc.

So, when all this was over, I considered how China has been in the spotlight for quite some years now, but from a more distant and global perspective. Definitely not a comprehensive analysis because it is unwieldy but it is still a tenable argument:
In a nutshell, take these elements and combine them at will: entry in the WTO in 2001, major movies in western theatres, the Olympics, the upcoming Shanghai World Expo, the years of the Ox (2009) and the one of the forthcoming Tiger (both, animals of outstanding strenght and dominance), new laws, more and more writers and artists making it to the headlines etc. I recogn this is the big - but necessary - picture, despite negative facts we shall all be aware of). One must admit that each year now more and more factors contribute China to be in an outstanding position. I just hope they will be able to be as energetic, united and effective to fight back some evil consequences such as environment, standards, IP issues, politics and domestic problems. Now add some more of your own and there you go. Draw your own conclusions.

-

YU HUA - 余华

BEIJING - On my flight to Shanghai in mid summer of 2009 I was reading the first pages of "live", a short book by this chinese author who was in an Italian magazine's story earlier in Spring. A long story short, I ended up buying "Brothers - 兄弟" and "Vivere - 活着" (live) in Italian. By the second day in my hotel in China I had finished "Vivere" and was completely astonished by the power of it. Quick and frank narration aside, some irony, strong and indirect references to the Cultural Revolution, a thick sense of family values and never overdramatic, Yu Hua has the tools to splash an entire story of a whole family on you, in a matter of 180 pages leaving you breathless and astonished.

My good Chinese friend Y. back in Shanghai had never read it and a couple of days after our dinner she had read it all in Chinese, deeply thanking me for reccomending the book. She was actually thanking him and herself for going back to reading intensely. There is very little merit in my actions, much more in Yu Hua's pen. And I thank him for that.
Last week the topic of "Brothers" came up again with an acquaintance at lunch: "..oh yes I am reading it right now!", and I replied "you're kidding me?! of all the books.." and, again, yesterday I spotted a big fat version of "Brothers" on a busy desk of a colleague of mine. It seems like many of us are reading Yu Hua now amongst us lao wai in China. It is a nice feeling to know that the characters "Fu Gui" and "Song Fang Ping" from both books are read by so many people around me.

Have you had the chance to read them?

BELLA ITALIA - 美丽的意大利 - BEAUTIFUL ITALY

BEIJING - Years ago a famous pasta brand aired a TV add in Italy where a German bohemienne tourist opened a window on a gorgeous valley in Italy. He was overwhelmed with admiration, romance and culinary appeal and was smelling the freshly cut vegetables being simmered along with spaghetti, served just below, on the big wooden table in the courtyard by a very healthy looking Italian lady. That is when, in the (always funny) German accent he cried "ahh, bella Italia" and spread his arms wide open.

Which brings me to this post. I am very fond of Italian industry when it struggles to get back in the spotlight, as it was ages ago and since late August 2009 I have been waiting for this project to set sail because it looked like having big potential in tickle the Italian market at all levels: One day ago a dozen of Italian corageous enterpreneurs has launched an indipendent web page (chinese version) that will host Italian driven enterprises on a Chinese server as to promote food, tourism, leisure, shopping and importation.

Meili de yidali's (meaning 'beautiful Italy') philosphy stands out for having a very clear cut structure offering the Italian industries (3 levels of visibility on the site) covering wines, sunglasses, of course shoes and clothes but also less mentioned areas like spas and resorts or bed and breakfasts and other family run businesses who want exposure in China. People at Meilideyidali (like Maria Grazia Casella - Web Page Editor, find her in http://www.linkedin.com/) are very aware of the rising number of internet users in China and of the purchasing power of many new Chinese millionaires or well-off burgeois.

I wish I had coome up with this kind of project myself and would definitely go out there and promote my business, the Italian culture, its traditions and crafts to the World. Italy needs projects like these as much as the desert needs water, for Italians have been constrained in domesti affairs way too long now and the Chinese market is a very fertile environment to hop into. But you check it out for yourself!
-

EVOLUTION OF CHINESE CIVIL PROCEDURE LAW - PART 3 OF 3 !

BEIJING - As we now enter the halls of a virtual Chinese court, this part needs a scenario, sort of a role play game situation: if I am a plaintiff and am going to court to file against someone I must know that each Court in China has established and depends on an Adjudicating Committee. What is this and what is it doing in the Court? Empowered to adjudicate, the Adjudication Committee observes the cases filed in court by “me” and has full liberty in choosing to stop the case, call it “significant and difficult” and take over the decision-making.

To aggravate my bewilderment in front of such situation, I must also know that this Committee, which arose from the dark, sucked in my case and will spit out its verdict, decides behind closed doors, allows no testimony hearings and is vertically above any judge of the ordinary judiciary. This is normal in China. This is hijacking the independence of the judiciary, where I come from. Nonetheless, as most of the times, the Chinese find an excuse for almost everything: They are like good chess players to whom you would ask “how did you make that move?”. Answer: "judges don’t earn much money and courts’ budgets are staggeringly shallow outside the big cities. So, one move back, the Adjudicating Committee prevents the judges from being bribed even though they have taken an oath when they went into office the first day".

Me again, in the virtual Courthouse: “So the Committee decided it is best to verdict alone because without the judiciary it would certainly be less fallible a judgement? Please tell me how I should believe that?”. The good chess player finally doesn’t answer and carries on.

This Chinese Trial Epic ends mostly at the first level. There are four levels of courts and two of trials: People’s Courts – Intermediate Courts – Higher People’s Courts and the Supreme People’s Court in Beijing. The last two only handle appeals or handle previously determined cases only they can decide on.

“Now the verdict of the Jury”.
If for one second there, you thought about the Chinese Jusry System being close to the American Jury System, you are to read carefull what follows.

As the Chinese would say, “it’s an American Jury with Chinese characteristics.” Here are the Chinese characteristics of their Jury: Addressed as “The People’s Assessor System”, in charge of double checking the judge’s decision, when it is not grinded by an Adjudication Committee, the people who make this Chinese Jury are not randomly selected, but accurately picked and screened by local people’s courts along with their fellow justice departments. That choice, is then bounced to the Local People’s Congress (?!) in order to be confirmed. Finally digested, The People’s Assessor System is ready.

More check, than balance, I must say.

However fancy, the The People’s Assessor System still is not able to overthrow a judge’s decision having the judges to be at least two thirds of the collegial bench, making the The People’s Assessor System a slim one third of it.

Please do not forget that most courts in China now are full of expert judges and a number of courts have been even ranked as “specialized” because designed and trained for particular subjects like IP or Maritime Law. Now some facts denying others before 2001: Until then and from the late 70s, when it was made mandatory for judges ''to have legal knowledge''; the requirements of accession to the judicial career have increased. Now, after Judges Law of 2001, wanna-be judges must have a bachelor degree, then the National Judicial Exam, finally followed by the Legal Professional Qualification Certificate.

Judicial Interpretations have accompanied those hundreds of Regulations, Tentative Provisions, Decrees, Statutes and so on, for the sake of augmenting at least some of its binding effect. Although the famous and long-armed Adjudicating Committees are empowered to approve or disregard judicial interpretations, these still find a paramount ranking in the sources of Chinese Law (757 today).

Concerning the topic of this sequel in Chinese Civil Procedure Law, the 1992 Opinion on Several Issues regarding the Application of the Civil Procedure Law of the PRC, issued by the Supreme People’s Court, stands tall and just one step further down from the 1991 Chinese Civil Procedure Law by filling it’s loopholes and grey zones. To some western jurist’s surprise, one of the subsidiary aids given to the CPL 1991 by the Judicial Interpretations of 1992 is on the rather critical issue of evidence collection (evaluation, legalization, examination, etc), which is in the spotlight of many debates concerning the Mandatory Notarization and Legalization of Evidence Originating outside the Territory and Procedural Documents (especially in administrative enforcement and judicial practice in Trade Mark infringements, particularly burdensome for foreigners doing business in China or finding their Trademarks maliciously infringed in China – given the first come first serve rule has been observed and malicious acts can be proven).

Here ends the long march of a summary of the Chinese Civil Procedure Law, from the Qing dynasty Imperial Code of Civil Procedure. So this is the stand now: the 2007 China Civil Procedure Law (entered into force on 1 Apr. 2008) and the 2001 Some Provisions Concerning Evidence of Civil Procedure, issued by the Supreme People’s Court. 

Goodnight and good luck.
-

GXXGLE ?

BEIJING - Where I work, the internet is "imported": We access from a European server. Otherwise our work efficiency would be compromised, or else, I couldn't be posting as fast as I am doing it, but would have to go through http://www.heavymist.com/ . I learned from China Law Professor Blog (Donald C. Clarke's post of yesterday) that Google in China is furious about alleged infiltration by Chinese Government on some email google accounts of Human Rights activists. Whether successfull or unsucessful these attempts to infiltrate said accounts (apparently not), Google - who is already in a pretty bad mood because of the Chinese books scanning for Google Books Asia copyright dispute - is publicly considering:

• to allow access to all censored Google pages in China
• to consequently
• take the blame,
• recon the disorder it will cause
• accept to be shut down and
• leave the Country

I see exciting times for Chinese Internet history very soon! Keep an eye on http://www.google.cn/.

There is an extra thought I would like to share with you:
Considering China has the highest annual rising rate of new internet users (aprx.300 million if not more) constituing a big financial loss for Google's business in China, and the country is well strong on a number of own internet search providers, how relevant would a Google departure from China be? Will the Chinese even care or notice?
-

EVOLUTION OF CHINESE CIVIL PROCEDURE LAW - PART 2

BEIJING - I mentioned mediation in the same parenthesis along with Civil Procedure Law in the previous edition of these posts on Chinese Civil Procedure Law. Yes, mediation was and is important and embedded in all minds of Chinese. Mediation is a daily means of dealing with mostly any genre of distress occurring in the household, in the neighbourhood and on larger levels. Chinese mediation was particularly endorsed by the Communist Party and even formally considered as a founding principle: "Mediation first and trial second". This sprouted into the modern mediation dicotomy: 1. the People’s Mediation (人民调解 renmin tiaojie) and 2. People's Mediation in Court.

Mediation is why today every neighbourhoood and most compounds have a mediator; it helps to get a quick sorting of the problem, avoids the lengths and costs of Court and keeps the ball in the scope of tradition - and it may prevent from losing face which is of great importance in China. However, mediation is not an absolutely binding justice tool for a person not satisfied with the mediation result: if the outcome is disappointing, he/she can go ahead and file a regular lawsuit in court.

When the People’s Republic of China (see movie…the Founding of a Republic, 2009 – 60th anniversary of the PRC) and the communist army was called one of Liberation, the CCP was less than friendly about anything or anyone standing in their way and went ahead and tor down the Legal System of the Nationalist party leading for the first text of their Constitution in 1954 (database for all Chinese Constitutions in both English and Chinese http://www.e-chaupak.net/database/chicon/ ) leaning on principles of Marx and Lenin.

And the story is well known of what occurred in those times in China: "a cultural" revolution. The legal system was eradicated like bad weeds and held responsible for polluting the minds, tradition and respect for the ancient Dynasties was banned at all levels, courts were shut, professors persecuted, universities locked, property so much deprived to the extent people forgot the concept of private property by the time Deng Xiaoping was put in charge of cleaning up the mess, starting from 1978.

Until then and up to 1981 China had no Civil Procedure Code as we know it, except for the “Provisional Regulations on the Procedure System for the People’s Courts to Adjudicate Civil Cases” a sort of guidebook to promptly deal with a case. In 1982 the first Civil Procedure Law was enacted and adopted experimentally for nine years, when in 1991 the National People’s Congress enacted the Civil Procedure Law (a booklet made of 270 articles compared to the 840 of the Italian Procedure Law Code).
-

EVOLUTION OF CHINESE CIVIL PROCEDURE LAW - PART 1

BEIJING - (-13degrees) I was not joking when I mentioned I might write about Chinese Civil Procedure Law or any related aspect. I know it is not the typical chit chat you’d want to get from a blog while sipping on your coffee in the morning, but here is what: for the sake of my cultural diversity as well, I will brake it up and give you an easy tour in more than one portions. Starting today.

"Wrong wrong wrong!" This is what you should answer when someone points out the Chinese never had or now only little legal experience or tradition. Many aspects of the Chinese way of ruling a country with its laws is broadly unknown and most of the times civil procedure in China is, as a whole and along with other topics, considered an exoteric or largely inaccessible. Also wrong.

An organized group of people (society) living together extensively (traditions, customs) on a given geographic area (country) sooner or later will find they have rules they follow (laws) by which the continuation, standards and quality of their lives will be determined (State and Government), praised (incentives), punished (criminal laws) and matters settled (civil procedure or mediation).

As simple as that.

Traditionally the Chinese have used ordinances or enactments of the legislative body (Emperor’s statutes) until 1910 when the Qing dynasty promulgated the first Imperial Code for Civil Law Procedure. That of 1910 (大清民事诉讼律 da qing minshi susong lu) was a law emulating the Japanese 1890 Civil Procedure Law which imitated the German Civil Procedure Law of 1877 (Deutsches Reichsgesetzblatt). That is why we may call that Chinese Civil Procedure law of 1910 substantially a pure piece of civil law.

In 1911 only one year after, the last Chinese dynasty was overthrown; little emperor Pu Yi was nothing but a decoration to his own residence and the Forbidden City almost burned down and the Republic of China was founded (not the People’s Republic of China – 1949).

The struggle for power lasted until 1921 when the factions ended their first fight: the Northern Government and the Nationalist Party. After fierce bloodshed between them and the foundation of the Chinese Communist Party (CCP) in 1927, the Nationalists promulgated their first Civil Procedure Law of the Republic of China in 1935.

to be continued.

(Credits also to Luo Wei from http://www.lawcase.org/)

ICE GOLD KINGDOM

BEIJING - The other night I went to a concert at Yugong Yishan with a friend of mine.

Do you have a bike?
Sure.
Ok then, let's take the bike.
Ah..you want to go by bycicle?
Yes! Come on! It's very close from here!
Aha...let me see..I cannot find my keys though...
What's wrong with you? It's not too cold!

My bike is conceived and designed for a nine year old kid and Beijing IS cold.

The dancefloor was empty even after I purchased my second drink. After two arguable support groups I was very curious to see the main artist " GIA " perform, who, turns out, is a quite well known alternative post punk female artist in the city. This is what she wrote about herself in 2008 and I loved it:

"I'm the first punk rock girl of China in 1998 in Beijing with our all girl's band 'Hang on the Box' and we were on the Newsweek cover twice in 1999, we really exploded the chinese rock history, and kicked stupid boys' asses!"

I had the chance to talk to her after the (surprisingly short) concert. We briefly talked about her musical influences in the last years and exchanged some contacts. I really want to see her next performances! She was soon flooded away by some of her girlfriend fans.

She tried out bossa nova and some post punk rock that night, reportedly different from her usual punk alternative rock-ish self grinded underground noise.

The crowd was not the "put your hands up in the air" kind of people, rather more a numerous flock of affectionate fans and curious pub-hopping photographers and fancy couples dressed in minimalistic outfits.

Her 2008 album is called "Mood". Will try to find it and report back.

RESOLUTIONS

BEIJING - I was not planning on any particular resolution for 2010 but a few came my way and I welcomed them casually. This blog is not a newborn, it has been going on for sometime now, that is true. True fact no`2 is that I have often refused to post because concerned with the appreciability of the post itself.. yes I question myself a lot about it! Most of the times I refrained from posting because the content was maybe too legal and was afraid it would scare readers off. On other occasions I wasn't posting because the content was way too personal, or just out of context and plus, it had little to do with China.

Another reason for my scarce posting: addressing the world in English is great outreach but using Dante Alighieri's language is often so pleasant that it bothers me not to do so. Ergo, I didn't post as much as I wanted to. Way less. I am considering running this page in Italian or go ahead and have two blogs. Not such a good cost/benefit idea. Would you suggest going bilingual on the same blog?

So, aside from the other resolutions for the new year (come on, I am not going to tell!), here is what I will do with this blog. There will be changes in the topics, ranging from green to blue, from red to white. I want this blog to survive, yet nothing shall halt me from being free to post. On the other hand, quite a few people of my network are familiar with this address so I still should be politically careful with the contents. I don't see peaks of  coherence on most internet pages anyway, so go blame someone else if I come up with the description of a painting followed by the historic background of Chinese Procedure Law. If anything, I will change the title to the whole blog. I do travel China oriented so it's fair to keep it a wonton blog, but hey: a travel log is sometimes a stew.

I removed instant notification of my 'new-post alert' to aficionados (no offence) just not to bother them with what looks like a much more frequent number of posts/year. I might reconsider this action in some weeks from now. Let me get started. Happy new deep fried chicken year (this year, February 14th).

ONE MORE VISA

TRENTO - Yet another boarding pass. Another argument with the consulate official in Milan. Another season away in the far east. Or home. LIU BOLIN describes his astonishing art of camouflage as the only way of expressing his emotional bond to the present. Impressive works. Reminds me of how many people cross our daily photograms.

A pretty long break from this summer's China: more than a month spent in Europe and a certain very personal restraint from posting on the blog because of the overwhelming information I was getting and that I didn't find - in the utmost smallest amount - interesting to post about. This might bring me to some change ahead, regarding the direction of this blog.

It's BEIJING this time. Plane ticket back to Europe is set and not anywhere close. Six full months. After 3 massive months in Shanghai, I will take on Beijing and my first winter in China, ever. First time in the Capital was in 2005. A summer hard to forget.

The more I try to define what it is like to be an expat in China or what it is like there, the less I want to talk about it: just too general a question, when I am asked. Or maybe I am too touchy about it lately. I surrender long descriptions as much as snub sentences.

So, I suggest to come and visit and add that it's mostly fun. Or, like the PRC Government likes to go about (using percentages), "it's 70% mostly fun and 30%.." well, I do change the caption for that 30%, from time to time. It really depends who I am talking to.

What is it I should say or keep saying?

- an economic giant, indeed, you're right. ah-hum, it is the world's industry, yes.

- the place is huge, pal, give me a break.

- no, did you you ever witness a chinese funeral?

- yes, censorship is harsh but basically you can surf freely.

- Grasshoppers? no, I don't know what they taste like. Didn't I tell you last year?

- Of course Obama is known in China. Less than Gucci, though.

- If I could, I would summarize how they spend their free time. Just give me a decade.

- Chinese girls can be pretty, believe it or not!

- Sure, and it will snow, too.

- I have seen that movie twice. Weren't you with me?!

HIGH AND DRY or LOW AND WET?

SHANGHAI - No fluds, no dirt-waterfalls, no people grabbing branches and sleeping on rooftops. Not in this area. Where it struck, it struck pretty hard. From satellite motion pictures I can see that the typhoon is dissipating as it hits the warmth of the continent. We got lots of rain but more than anything, wind. Above all, given the latitude we do have a tropical climate, or something close to being able to grab mangoes from the window, so humidity has its big time.

So humid my books and pictures and clothes and any water or cellulose-containing object within reach, is as moist and soft as if it had been in some forgotten basement. You leave the huge entrance hall of the office surrounded by those heavy double glasses and the humidity hits you in the face, on the blazer, salutes the tie, goes through the shirt and finally covers your bones. Then you're ready to go home.

We've been having this kind of crappy weather since the spooky morning of the eclipse, when everything went from artificial grey to haunting black within seconds and for a handful of minutes. Skyscraper's lights lit, cars and buses switched on their beams, windowpanes at all stories were bursting with lights and flocks of mankind examples in People's Square went 'whoa'-ing ensemble. Some others, indoors, must have kept lights off in their apartments or offices, just to witness this elegant dance of celestial bodies while I was with newly met friends in the warm and sprinkling rain, suited up and drinking Starbucks caramel mokkaccino for the first time in my life. My inner dissertation about Italian roasted espresso and mass-production caffeine drinks surely ended by the time the eclipse embraced me with a chilled feeling of human primitive frailty before the ever-revolving 'grand..planets' out there, irresistibly mocking us from afar.

Where silence is alienating, where objects and values are either ridiculously huge or unthinkably small.

There is one picture I found on an online paper that is really touching and I do hope it gets published along with this post. It's a firefighter embracing an infant, deeply looking into the kid's eyes, sticking out of the bundle of yellow plastic bags he is wrapped into. Nothing planned, no acting, no propaganda move, nothing like that. Reminds me of the earthquake in Italy that struck earlier this summer in the Abruzzo region.

EXPO METRO-PHILO-POLIS.

SHANGHAI - Barney from HIMYM would say I did a good job in melting 'metropolis' and 'philosophy' together. You'll read that at the end. Core: I spent some twenty minutes at an exhibit on the World's Expo's since the mid 1800s, (1st World expo was in London in 1851) in the Hong Kong Plaza on Huaihai Road and took some pictures of the model of how the expo's pavilions should look like and what the Chinese delegation displayed on all the World's Expos'. I was impressed by their temple-like pavilion in 1905 in Saint Louis if I am not mistaken. I will try to upload an archive photo of that if I can make it from here (I am still posting from my gmail account due to censorship). Aside from the timespan of Expo's displayed in the temporary museum hall, I sat and wrote down a couple of interesting things, some assorted and values lying within the forthcoming Shanghainese event, in some brain-storming way.

The main word for the Expo is 'CITY' and they highlight 3 fundamental questions

1. 'What kind of city makes life better?'
2. What kind of lifestyle and practices enhance a city?'
3. What kind of urban development pattern makes the World a better place?'

Now, it develops into something more dynamic. Here is a summary of what I grasped: 'People are the most creative cell in a urban organic system. Then they linked this concept with "life" a lot and a motto-like triad:

A - Urban Resident;

B - City;

C - Urban Planet.

I know it sounds like a slick jeans advertisement or the name for a funky magazine, but no, it's the Expo's grid of values on which all participating countries will have to display their efforts. It will have to stimulate urban planning specialists, biologists, architects, public administration, governments and the general public (ever seen 'An Inconvenient Truth' by Al Gore?).

With a 17milion people city (where the recurrent motto is "better city, better life") and an ever rising artificial compromise between waste disposals, majestic refurbishments of financial districts and green areas striving for a bit more room, it all seems contradictory or just difficult. However, China is definitely more and more aware of the vital role of the human individual in a urban environment and things are moving with respect to green policies and consumption control. I believe there is a price for a better quality and it is not on sale, but it might as well be possible someday in our countries as much as over here, in rat-race-China.

..according to the 'Stinsonian' dictionary, there is a nexus between possible and impossible or feasibility and fantasy: no matter how possibly impossible the outcome may look, not all is impossible, just "possimpible". And we need to believe that. My generation probably more than ever.

GET A EUROPEAN PICTURE OF IP..IN BEIJING !

SHANGHAI - Getting tired of hearing about outsourcing in China and trading with Senzhen or making business in Shanghai? (I doubt it: if you are reading my blog you aren't tired of hearing about that or you are a true friend!) Want to learn more about European Intellectual Property without leaving the Middlekingdom? The Europe China University of Political Science and Law, also known as CESL is hosting a professional training on European IP in Beijing from 18 - 20 September. I think professors and senior law students in China and also expats ought to be the perfect audience for this kind of event. Probably it wouldn't exactly suit an enterpreneur or a joint venturer because they have their own flock of IP advisers taking the heat of learning World IP. The idea of teaching EU IP matters, in just a couple of days and on a top end expertise faculty is quite an opportunity in my point of view. I found the program here.

Along with Prof. Daniele Alexandre (Professor in Strasbourg who has a number of international accomplishments also aside from the collaborations with the European Commission), Ms. Andrea Wechsler - formerly working at the World Intellectual Property Organization (WIPO) and is research associate today at the Max Planck Institute for IP and Tax Law, focuses on the Asian Region is also chair of the training program, are definitely outstanding personalities of the IP scholars and having them there in Beijing will surely define the quality standards provided.

I checked out the topics. Here is a few:

• Sources and Instruments of European Union Law
• Intro to EU Patent Law
• Community Trademark Law and Enforcement
• Patentability and non-Patentability of Inventions
• The EPOPprocedures for Oppositions and Appeals (patents of course)
• Technology Transfer Contracts
• IP Protection at Trade Fairs (big issue also in Chinese IP context)
• Field Trip to Munich... ...

...just kidding about the last point.. But indeed, Munich is absolutely worth a trip (and for workaholics on vacation: go check out the Max Planck Institut).

For those who are leaving comments on my posts and do not see their comments published I apologize - on behalf of the People's Republic of China - but due to plain censorship I cannot view my blog and am posting from my Gmail outbox. But yes! I do get your comments, keep writing and asking. I will soon hand out some news from Shanghai. Other sites completely down now, due to the Uiguir unrests (who are here placidly addressed to as 'terrorists') are: Facebook, Youtube and sometimes Skype. Of course Twitter but I have never tried it. But if you have an IPbridge you can access anything. Problem is, I don't know how to do that.

WHAT CENSORSHIP??

SHANGHAI - There is so much more freedom in China today. People can enjoy news stands of any kind, watch cnn in hotelrooms, see international papers over the internet and can have italian spaghetti or german beer in a Paulaner bar that looks like directly cut out of the soil from the Octoberfest. But no easy life for blogs. 

I think it affects all the Blogspot blogs in China. I might be wrong, but I used Chrome, Mozilla and Internet Explorer and I get the same slap form each one of them. It's ok, I won't get mad and tie myself to the local police fence or climb the Marriott hotel with a peace and freedom flag, I'll just keep cool and be harder. A small voice, in a big chorus counts. Each one of you. 

My stay is nonetheless marvellous so far. I can see a wonderful sunset from here and foresee intense weeks to come until the end of September. I missed a conference called "Branding in China" yesterday but the same organization will hold a conference on Innovation in China next Thursday at 7pm to 9pm @ 1933 Creative Complex 1st floor, building 4 in 24 Shajing Road, Hangkou district..if you can read my blog, of course :)

POWER OF COMIC STRIPS

BOLOGNA - I just finished reading the comic strip book called Shenzhen, (publ.2000) by Guy Delisle, an incredibly talented and sarcastic animator from Canada who travelled to the southern industrialized China and - first of the successful triad of works before 'Pyongyang' (2003) and 'Chroniques Birmanes' (2007)  - beautifully yet also in a necessarily raw, sweet & sour dressing, perfectly explains the difficulties, doubts, feelings and impressions of a first-timer expat in China. I was struck by the amount of shades and dark curtains he uses and by the dialogueless silent and explicative portraits of buildings, roads and facial expressions. I guess it's just a bit funnier if you have been to those places beforehand. Awesome anyway, even if you've never been to China or Korea. His graphic novels are translated in a number of languages so go ahead and ask your closest librarian for a copy of this unique portrait of a busy and evergrowing Chinese metropolis! Have fun!

*

3rd ANNUAL ECLS CONFERENCE - VIENNA

BOLOGNA - The next and 3rd annual conference of the Europe China Law Studies ECLS will be held in Vienna this year (after Hamburg 2007 and Bologna/Turin 2008) from June 18-20, in Palais Trautson at the Federal Minister of Justice's. Registrations are open until June 10 and the Modules are interesting.  Ranging from Legal Practice in China to Environmental Law and from Human Rights to Commercial Law and Policy, this year's ECLS annual goes more into depth and foresees broader cooperation with new speakers and scholars of Chinese legal studies. Interesting enough, in Module IIIB, Roger Greatrex from Lund University will talk about well-known trademarks in China (legislation and infringement cases) just like my thesis. 

Other quite specific papers regard:

- new Chinese bankrupcy law

- Chinese relations to Africa (Congo)

- compensation standards for urban demolitions

- the interpretation law of the SPC

- WTO compliances (China entered WTO in 2001 and in 2 years the final assesment will be published by the TRM)

- rehabilitation of drug addicts policies

For a complete list of the topics, venue and schedule, take a look at the pdf version of the brochure.

*

in the photo: "Cargo" by Liu Jianhua

GOING..GOING..GONE!

BOLOGNA - On March 23 I finally graduated from law school and went on to become a "dottore", what in Italy happens after a black and blue cloaked Professor amongst others says these words: con i poteri conferitimi la proclamo dottore in giurisprudenza! Translation: you're officially out of here and jobless! 

It has been a great day with friends and parts of the family on a sunny and cloudless day. Pressure strikes you the night before such events in the shape of a subtle, light and invisible hand: you feel every single sound, every bone in the body and nevertheless grow anxious and would love to skip the night and be at reception the very next moment. 

The warmth of friends and the rising encouragement worked its way to the next morning when I got up - reasonably at dawn - and left the apartment just to hit the road to the University on my own. Friends all came in groups while I was catwalking the red tiles and focusing. The sunny and smiling bunch were waiting and were there for me at the examination and, of course, at the buffet: I threw a buffet in my favourite Chinese restaurant in Bologna, called La Rosa, and the setting was awesome.

There's been much going on since then: interviews, trips to interviews, emailing like no tomorrow and generally catching up with all those things left behind during university. I definitely am still China-oriented - more than ever - and I embrace this challenge and what it brings. Therefore I foresee those big changes in the forthcoming weeks I had only drafted during this stretch of my recent life. These have been years of precious experiences, through thick and thin. I truly thank all the friends and collegues who studied with me, who supported me and inspired me, who lived with me and shared their thoughts and time with me. Family, of course, also the far ends of it, and my dearest brother Marcus. 

THESIS COMPLETE

BOLOGNA - there we go. It's done. Tonight I'll be done with the final version of my thesis. It's been fun and stressful, kind of an alienating thing to do but intriguing. I eventually took a short week off in Munich to do some extra research at the Max Planck Institut for IP where I found an overwelming amount of material and met interesting people from around Europe on their 4-year doctorate. It's just a good feeling to drink a 'moccacino' from a brown plastic cup at the vending machine with someone who comes up to you interested in what you are writing and exchanging points of view and ideas. In particular I met a student who is writing in Chinese anti monopoly law and we found the present Chinese legal system in commercial and industrial law to be massivly improving.

I myself, writing the paper, was surprised to read of how much effort the chinese put since the late '70s; the Implementing Regulations are an example, the WTO accession in 2001, the rising number of settled cases favouring not only liberal grounds for IPR development but also the Chinese themselves. Despite all the progress, there will still be tough times ahead because of the traditional view of property rights and recognition of invention and creation amongs Chinese - one of the biggest and most crucial aspects of conflicting cases between China and "the West".  

I just made a small 'wordle' of my thesis, here, in the picture. I would use it as the front cover to my thesis if I was allowed to!! The D-day (dissertation day) will be somewhere in the week between the 23rd and 27th of March and will give a toast to whatever we'll think of, in a very special venue in Bologna. It's meant to be a surprise so I won't spoil it!

I've been looking into jobs in China for a pretty long time and especially internships are intriguing amongs international organizations, chambers of commerce or law firms. 

2009 isn't only the century's financial abysmal nadir because of the crisis but it also is the bull's year, (or, the "niu"牛 "new" year, funny eh?) or the ox' year: it's heavy but if you find out how to guide it, it might pull us all out of the crisis. The ox must be a positive-thinking one, not only a knowledgeable cow but determined and sturdy one, too. Not a Milka cow but definitely a special one. 

SPAGHETTI SYNDROME - 面条综合症 ?!

BOLOGNA - There is something very powerful in stacking magazines on a shelf and going through them all in one day. Aside from the beauty of the crispy paper and the full blasted colors in worn out pages. Other advantages is to find this experience somewhat useful aside from being just a sensorial amusement.

At some point in my thesis – while discussing asian branding by fully or 51% asian run enterprises – it is said Chinese investors recently enjoyed successful acquisitions of foreigncompanies and their more or less famous brands (驰名商标). This new financial escalation in buying foreign famous brands (and their whole industrial structure) must be regarded as one of the few most thriving options for gaining a solid position on the global market.

Other advantages are enjoyed by those acquired enterprises: they are saved from failure or bankrupcy and may see the light for so many decades to come, for prosperous production without a change in their traditional process. Another advantage si on a social level including a strenghtening of relationships with the local community and by fastening trust with the general public and the institutions. 

The article that inspired me to post all this was published in the weekly magazine „Il Venerdí“(the Friday) belonging to the national newspaper  „La Repubblica“, released april 4th 2008, issue no° 1046.

Riccardo Staglianó, the article’s author, focuses on the fact that well-known Italian companies of a number of industries are being bought by willingly low profile Chinese investors at relevant prices. Considering that Italian labour price is 10 times the Chinese, it is obvious that said Chinese spend gargantic capital in these financial transactions. However, that shouldn’t suggest the knewly-bought Italian companies now suffer any form of Chinese dictatorship! On the contrary: workers and managers of these merged companies spontaneously guarantee they’ve never been happier. This is just one of the examples reported in the article that prove the fact the Chinese don’t interfere with the work nor with the decision-making boards of the acquired company. Chinese buyers are extremely respectful of the knowledge the founders or veterans in those companies possess and are eager to learn from them also by just observing (and, in return, by pouring in the cash). 

This is the case of the motorcicle industry BENELLI; the paper company CARTIERA di ASCOLI and, amongst others, MENEGHETTI FRIGORIFERI (refrigerators and similar cooling storage appliances) who have decades of experience and represent local industrial ferment, which is always endorsed and admired, especially in such times of domestic crisis.

The mentioned acquisitions are relevant opportunities to keep seizing for Italians. The word should go around in greater share and it shall be clearer to any level of the public that:

1 – WORLDSOURCING: collects the knowledge where it is forged from (take China, India, Italy the US as easy examples!) and dispatches it to wherever it is needed. In other words, unlike yesterday, geography is an option today.

2 – SPAGHETTI SYNDROME: we think we have the best food, cars, clothes, but…uuups!..did you know diversity is a surge for cultural and economical richness? National identity and IP protection is one thing, being blind protectionists is something else. Wasn’t Italy the crib for literature, fine arts, modern banking, religious and cultural plurality and generally diversity just a few centuries ago? Why does that memory seem farther away in time than it really is? It's probably all too messy right now to make retro nostalgic assertions, but it's necessary to avoid being skeptical at all costs and Italy should realize it's not too favourable position right now and consider the effects and opportunities of China being the 8th buyer of Italian products and/or enterprises. 

In the words of Oscar Niemeyer: "don't be pessimistic, being realistic is enough" no matter how bad the picture looks.

TIME FLIES (no, not really)

BOLOGNA - I made it through law school. Actually, I still have to "discuss" my thesis (title's: "Well-known trademark protection in China"). That will take place sometime in late march, right here in Bologna. I found I had a bunch of post-its sticking on my wall and they were all waving at me today reminding me all sorts of things. Facelifting the blog was on the list so here it is. Time flies, one should say. It's usually mostly said when you realize you were having a good time all along. There are gray areas, too, that can last long enough to think time doesn't really throttle madly all the time. Though that is still true when holidays are on. Right..

The "ox year 2009", the one I'll turn 27 in - yikes! - sounds kind of crazy: massive unemployment, world financial crisis, no real change - on the Italian peninsula - nor in politics or in the world's view of peace, the question of where to start from after university, gathering all the info possible, sending off CVs, make the best of each day and enjoying the times I finally have on my hands and that I felt likeI've gracelessly postponed during this last year in school. 

What should a law graduate student expect from a China adventure right now, in the midst of these times? I was at this job fair in Bologna, called  the "Careers Day" and I stpped at every other stand like Ikea, Generali, Barilla, Philip Morris, Bialetti, Trenitalia, some big law firm every now and then and some pharmaceutical companies and some really fishy ones no one really understood what they do, but I won't mention their name directly (Maccaferri). I eventually spaced out on a hot espresso in the bar facing the stands. "Ah, so many students roaming the world." 

I started to do some very ill calculations about how many students were there, looking for a job. Then I multiplied it for the EU countries, the Americas, Asia and then, times two (calculating the ones who will graduate next year) and added 1 third (the ones who didn't find a job last year). I almost choked on my espresso coffee. In all, I really felt like law students will rarely be satisfied with job fairs like these where engineers, biologists, business students go etc. They should change the offer criteria and run the fair for 3 days instead of one hasty day. I'll just keep it real and believe in what I've been trying to do China-wise. 

And none of us is getting any younger, aren't we? There's so much to do out there and people to see again.  On your marks..