Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

A Member of the Law Professor Blogs Network

Tuesday, May 31, 2005

Arbitration: New CIETAC rules

CIETAC has issued new rules governing arbitration; they are available at this URL: http://www.law-lib.com/law/law_view.asp?id=91568

May 31, 2005 | Permalink | TrackBack (0)

Celebrity endorsements curbed in Beijing

On May 28, 2005, the Beijing Administration of Industry and Commerce announced that as part of its campaign against false advertising, it would deem as false advertising celebrity endorsements in which celebrities appeared in the capacity of consumers, ailment sufferers, specialists, etc. Thus, Liu Jialing can no longer announce that her use of SK-II skin-tightening anti-wrinkle cream reduced her wrinkles by 47% in a mere 28 days and made her look 12 years younger.

An interesting question is the degree to which a Beijing municipal government body can dictate rules for what is often a national advertising campaign that appears in many media. Apparently the object of the rule will be advertising agencies, advertisers, and media, but not the celebrities themselves. Will it apply only to those that are located in Beijing?

A report is appended below.

      “影视明星等公众人物以消费者形象出现,宣传推介产品,更具欺骗性。”市工商局广告处负责人告诉记者,虚假广告误导了无数消费者,而如果明星在其中亲身“示范”,会很容易混淆视听,诱使消费者作出错误判断,成为虚假违法广告不折不扣的“帮凶”。27日上午,北京市工商局等11个部门首次召开联席会议,向保健食品、药品等虚假广告宣战。今后,影视明星等社会公众人物在保健食品、药品、化妆品和医疗广告中以消费者、患者、专家的身份,向受众推荐商品服务或者介绍商品服务的优点、特点、性能、效果等均将被列为商业欺诈行为,属重点打击对象。

  市工商局有关人士介绍说,在一些产品广告中,影视明星如果使用了“我用(吃、喝)了以后……”等语言,均属被禁之列。比如,刘嘉玲在SK-Ⅱ紧肤抗皱精华乳广告中宣称“使用28天后细纹及皱纹明显减少47%”、“肌肤年轻12年”等都是不规范的。

  28日晚,记者在黄金时段留意了一下各地电视媒体广告,发现仍有一些明星在广告中现身说法。但没有看到由陈小艺代言的口服液广告和刘嘉玲代言的SK-Ⅱ广告。

  广告界有关专家认为,随着影视制作技术的成熟和多样化,广告的表现形式也应该丰富多彩,只要有好的创意,好的制作手段,不用明星,广告一样可以做得吸引人。

  媒体发布违法广告领导要负责

  市工商局局长张志宽指出,将建立新闻媒体领导责任追究制,发布违法广告的媒体要被锁入不良信用警示系统,向社会公示。对违法率居高不下或发布虚假违法广告造成恶劣影响的广告主、广告公司和发布者,将责令其在相应范围内公开更正,负有责任的广告公司和媒体,也将限制直至取消其广告经营资格。

  重点查处6种违法广告

  1.以新闻报道形式发布广告。

 

May 31, 2005 | Permalink | TrackBack (1)

Monday, May 30, 2005

Antimonopoly Law: ABA Comments on Draft

The ABA's May 19, 2005 comments on the most recent draft of China's Antimonopoly Law can be found here: http://www.abanet.org/antitrust/jt-pdf/joint-comments/abaprcat2005finalcombowapp.pdf

The comments are quite detailed and include a Chinese translation of the executive summary as well as appendices. The appendices include the APA's July 15, 2003 comments on the draft Antimonopoly Law at that time.

May 30, 2005 in Commentary | Permalink | TrackBack (0)

The Chinalaw listserv

Chinalaw is a listserv I maintain that is dedicated to the discussion of issues of Chinese law -- primarily the law of the People's Republic of China, but from time to time there is discussion of other related subjects such as Chinese legal history or the law of Taiwan or Hong Kong.

It is an unmoderated discussion list, meaning that members are asked to observe self-discipline and keep on topic.

To subscribe, please go to http://hermes.gwu.edu/archives/chinalaw.html and follow the instructions there. Special note to those in the PRC: you will probably be unable to access this site, since the George Washington University website is blocked (don't ask me why) by the Chinese authorities. Please email me with your name and email address if you wish to subscribe. Unless you cannot access the above website, please do not ask me to subscribe you.

I maintain a website for the listserv; the alias for the URL is http://chinalawlist.org. At present this alias just points you to the above website, but shortly I will have a different website up.

May 30, 2005 in Other, People and Institutions | Permalink | TrackBack (0)

Launch of China Law Prof Blog

Welcome to the China Law Prof Blog.

The primary focus of this blog will be the legal system of the People's Republic of China, although information relevant to Chinese legal history and other jurisdictions such as Taiwan and Hong Kong will not be excluded if it might be of interest to readers.

The sidebar on the left will, over the course of time, be filled out to include resources (or links to resources) such as research guides, databases, lists of faculty and Chinese law courses, and internship and employment opportunities. I hope to make this blog of use to academics, professionals, and students alike. I hope to develop this site as a kind of permanent library for the various matters discussed on the Chinalaw listserv (http://chinalawlist.org), since it offers more technical support.

I welcome any suggestions for content and format; please email me at the address on the left sidebar.

Best wishes,

Donald Clarke

George Washington University Law School

May 30, 2005 in News - Miscellaneous | Permalink | TrackBack (0)