Tuesday, March 7, 2006
George Conk, an adjunct professor at Fordham Law School, and Prof. Wang Qian of the East China University of Politics and Law recently co-taught a mini-course on US intellectual property law to graduate students at the East China University of Politics and Law in Shanghai. Having developed a set of bilingual course materials, they have generously made them available on the Social Science Research Network here: http://ssrn.com/abstract=888190.
Monday, March 6, 2006
Sunday, March 5, 2006
The adoption of China's Property Law (物权法) has proven exceptionally difficult because of the minefield of ideological problems involved. It is not on the legislative agenda of this month's NPC Standing Committee session because of an open letter written last August by Prof. Gong Xiantian (巩献田) of the Beijing Univ. Faculty of Law. (According to his Beijing Univ. Web site, Prof. Gong has a Ph.D. from the Univ. of Sarajevo and specializes in jurisprudence, Marxist legal theory, general theory of law, politics, and ethics.)
Professor Gong published his letter - "A Draft 'Property Law' that Violates the Constitution and Departs from the Basic Principles of Socialism" - last August, but a full account of what went on has only recently become available in an article published in Southern Weekend (南方周末).
Needless to say, those who had worked for years on the draft were furious that their efforts had been derailed at the last minute. The Civil Law Research Board of the China Law Association held a meeting on the Property Law late last month at Renmin Univ. in Beijing, which seems by and large to have been devoted to denouncing Prof. Gong's views. (See the end of this post for a link to a news report as well as a translation.)
Saturday, March 4, 2006