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I'm Sorry, But US Hypocrisy On Human Rights Is Continuing Apace Under Obama. China Is Exhibit A.

Posted by Dan on June 4, 2009 at 12:43 AM

1. I love my country -- the United States.
2. Of course I believe in human rights.
3. The US should strive to be a beacon on human rights.
4. When appropriate, and in ways that are appropriate, the US should encourage other countries to maintain human rights as well. Not in an idiotic Jimmy Carter sort of way, but in a sophisticated Henry Kissinger/Bill Clinton/Ronald Reagan sort of way.
5. I supported Hillary Clinton for president up until the very last minute.

But Hillary (and Barack), would you please get a damn clue on human rights, would you please stop embarrassing my country, would you please stop being such hypocrites, and would you please stop using human rights as a way to advance your popularity at home. I am referring to the US (on today of all days) blasting China for human rights violations that mostly took place 20 years ago. I say today of all days because today is the day that President Obama is making nice to Saudi Arabia while touting his next day speech in Egypt. I am not saying that Obama should not be engaging in diplomacy with those two countries, but they are about as far from paragons of human rights as one can get. As we lawyers like to say, let's look at the evidence:

1. Saudi Arabia is a country which denies the most basic of human rights to more than half of its population. Women are second class citizans and non-Muslims and homosexuals are denied virtually any rights. Criminals are not just executed, they are beheaded after thier execution. And does anyone seriously doubt that highly placed Saudi governmental figures funded 9/11 and continue to fund terrorism and extremism around the world?

2. President Mubarak is a bit more sophisticated than the Princes who control Saudi Arabia, which means only that he wears nice suits while imprisoning, torturing, or killing anyone who questions his authority or his health or his age or his autocratic lifetime rule or his passing on his "throne" to his son. This country too represses all its non-Muslims, having already driven most of them out and now working very hard to do the same with the rest. To the extent Egypt looks good, it is only because those striving to take over would probably be even worse.

If you are female, where would you rather be, Egypt/Saudi Arabia or China?
If you are a homosexual, where would you rather be, Egypt/Saudi Arabia or China?
If you are practice a religion other than Islam, where would you rather be, Egypt/Saudi Arabia or China?
If you are against the government in power, where would you rather be, Egypt/Saudi Arabia or China?
If you are going to be charged with a crime, where would you rather be, Egypt/Saudi Arabia or China?
If you are a journalist, where would you rather be, Egypt/Saudi Arabia or China?

We all know China is the answer to every single question set out above.

I am not condoning China but I do think that public denunciations of it are counterproductive in terms of effecting positive change there and I think they make us look downright stupid when we make no such denunciations of Saudi Arabia and Egypt.

I would prefer that we talk human rights with China in private, not in public. And if we are going to talk human rights a la Jimmy Carter, can we at least start the conversation with Iran, North Korea, Egypt, Syria, Libya, Sudan, Zimbabwe Saudi Arabia, Yemen, Somalia, or Iraq (yes Iraq, which though our "close ally" is really just your standard Middle East thugacracy). If we did that, the world might actually believe we are doing so because we care and not to gain political advantage at home.

Let's get a human rights policy in place and stick with it, people. Near as I can tell, we still have none.

What do you think?

How To Take Advantage Of China's Stimulus. London, June 3, 2009.

Posted by Dan on May 13, 2009 at 03:08 PM

My friend Jeremy Gordon, over at China Business Blog, is going to be speaking at a London seminar on "what is happening in China and what businesses can expect." He is going to be part of three part series, the first of which is going to focus on how what UK companies should be doing in reaction to China's Stimulus Package:

The Chinese government has announced a RMB 4 trillion stimulus package. What is this stimulus package? How much of it is ‘real’ money? How is it being spent? Which Chinese companies are most likely to benefit? Last but not least, what are the implications and opportunities for foreign businesses and financial investors?

Speakers to include:

Jeremy Gordon, UKTI: Business Specialist for China, with special focus on the China Stimulus Package and the opportunities for UK businesses

Gareth Leather, Economist Intelligence Unit: Senior Editor/Economist: China/Asia region specialist; regular TV and radio contributor on China affairs including BBC, CNN and CNBC

Benjamin Schmittzehe, Schmittzehe & Partners: CEO

Chair: Dr Kerry Brown, Chatham House: Senior Fellow and Author“

I have known Jeremy for many years and I can vouch for his deep knowledge on China and I therefore assume this seminar will be well worth attending. For more details and to register click here.

China Power Summit 2009. May 22-23, 2009 In Beijing.

Posted by Dan on May 1, 2009 at 11:57 AM

The China Power Summit is going to be in Beijing from May 22-23 this year and China Law Blog's own Steve Dickinson will be a featured speaker. Steve will be reprising (and updating) his speech on how foreign companies can best protect themselves when getting into Chinese joint ventures.

Steve spoke on this last year at "JPMorgan’s Hands-On China Series" and at JP Morgan's China Conference. Joint ventures are a very common (and sometimes necessary) vehicle for foreign companies seeking to enter into China's energy and cleantech fields. I forgot to ask Steve if he would be speaking in Chinese or in English, but due to the nature of the topic, I am guessing it will be English.

If you want to read more on Chinese joint ventures, check out Steve's AmCham China Brief article, "Avoiding Mistakes in Chinese Joint Ventures" and my Wall Street Journal article, "Joint Venture Jeopardy?"

In addition to Steve, other speakers at this event will include the following:

Shu Yingbiao
Deputy General Manager
China State Grid Corporation, China

Xie Zhenhua
Vice Chairman
China Electricity Council

Cao Peixi
General Manager
China Huaneng Group

Zhao Ming
Secretary General
China ESCO Association

Hu Xijie
General Manager
China International Engineering
Consulting Corporation

Mr. András Balogh
President and CEO
GEA EGI Contracting / Engineering Co.
Ltd.

Alan W. Chan
CEO&Chairman
Meiya Power Company Limited (MPC)

Hervé Machenaud
Executive Vice-Presiden& Asia-Pacific
Branch President
EDF

Cao Zhian
Vice President
China State Grid Corporation

Zhao Jianping
Assistant to President
China Development Bank

Luo Yunyi
Director
Investment Research Institute, NDRC,
China

Wang Yeping
Vice Chair
The State Electricity Regulatory
Commission (SERC)

Lu Yanchang
Vice Chair, (CAST) President
President , China
Society of Electrical Engineers

Zhao Jianguo
General Manager
Southern Grid,China

Workshop On China's Second Tier Cities: Qingdao And Ningbo. Shanghai Westin Bund, March 31.

Posted by Dan on March 25, 2009 at 03:37 AM

China Law Blog's own Steve Dickinson and Bill Dodson of the This is China Blog will be sharing the stage at the upcoming Benulux Chamber of Commerce (BenCham) workshop. The workshop is being put on "in cooperation with SwissCham and The JLJ Group" at the Westin Bund in Shanghai on March 31.

Steve, who spends the majority of his time in Qingdao, Shandong Province, will be speaking on the benefits of Qingdao as a location for Western investment. Bill Dodson, who bases himself out of Suzhou, will be speaking on Ningbo.

Go here for more information and to sign up.

China Law Blog On China Business Show. Tuesday, March 10, At 2:00 pm PST.

Posted by Dan on March 9, 2009 at 09:22 PM

I am going to be interviewed tomorrow by the irrepressible Christine Lu regarding how China law impacts foreign businesses there. The interview will be a part of Christine's China Business Show.

It will start at 2pm PST and go for 30 minutes. Go here to listen. If you cannot listen live, you can always listen later. Questions can be called in so think of some good ones.

Don't miss it.

SXSW @ M1NT Shanghai. February 28 at 9:00 pm.

Posted by Dan on February 24, 2009 at 11:19 AM

What a great excuse for a party!

On February 28, from 9 pm until 11:30 pm at M1NT Shanghai The Chinese Business Network and Symbio will be putting on "an official pre-SXSW cocktail...to highlight China's tech sector presence at SXSW Interactive Festival in Austin, TX in March."

This year at SXSW, beginning at 2pm on March 16th (in Room 8.... what a lucky number!) there will be a China panel entitled, "International Business in China for Fun and Profit." I will be on that panel, along with the following:

* Christine Lu - Founder, The China Business Network
* Andrew Lih - Author, Wikipedia Revolution
* Sage Brennan - Co-Founder, Mobile Monday Shanghai

Unfortunately, I will be the only panelist not at the event, as I previously committed to a China trip in late March.

The party is limited to the first 150 who sign up. Go here to sign up and for further information.

For only 200 RMB, you will be able to partake of the following:

* An opportunity to connect and network with key influencers, tech entrepreneurs and investors in China's tech sector.
* Free flow Moet & Chandon Champagne from 9pm - 10pm
* A selection of hot canapes prepared by M1NT's executive chef
* Each attendee will receive a complimentary two month Boingo Wi-Fi laptop & mobile phone account valued at $133.
* A chance to win 1 of 2 SXSW gold badges valued at $695/each
* Profession film crew by House Films will be on hand to conduct interviews for a reel that will be shown during the China panel at SXSW in March and syndicated on The China Business Show, The China Business Network and Current.com
* Live Tweeted via hashtag #sxswshanghai
* A % of proceeds will benefit Jet Li One Foundation
* Special Guest, Andrew Lih, author of Wikipedia Revolution
* Special Guest, Kaiser Kuo, lead guitarist, Chunqiu and China tech influencer and China tech blogger.
* Special Guest, Jacob Hsu, CEO of The Symbio Group

Be there or be square.

Doing Business In China Director's Conference. Beijing And Shanghai, March 28 Through April 3.

Posted by Dan on February 1, 2009 at 10:29 PM

Global Navigation, a peer to peer resource for boards of directors of multinational corporations and an affiliate of Corporate Board Member magazine, is putting on a seminar on board-related issues involving China. Its agenda and the speakers are absolutely first rate and I plan to attend. China Law Blog's own Steve Dickinson will be speaking in Shanghai on China employment law issues on April 2.

The speaking portion begins in Beijing, on Saturday March 28th, with Washington SyCip, Founder of the Asian Institute of Management and Founder of SVG & Co. (now part of Ernst & Young), speaking on "economic freedom versus political freedom in Asia."

The next day, also in Beijing, will consist of the following:

-- James (Jimmy) Hexter, Senior Partner of McKinsey & Company, on "Strategy to Operations: How to Create a Long-term Business in China."

-- Allen Ge, President of Otis Elevator (China), on "How to Sell to China."

-- Matthew Estes, CEO & Founder of Baoying BabyCare, Inc., on "Going to the Lesser Known Cities: Where Are the Markets Opening?"

-- Steve Vickers, CEO of International Risk Ltd.will host a panel of legal experts on "Protecting Your Brand and Your Intellectual Property: So you decided to manufacture and sell in China, but how do you protect your intellectual property?"

-- James McGregor, author of “One Billion Customers,” and William McCahill, former charge d'Affaires of the U.S. Embassy in Beijing, will hold an informal question and answer session with directors.

March 30, still in Beijing, has the following on tap:

-- Sarah Kemp, Commercial Officer & First Secretary of Embassy of the United States, on China's "business landscape and how it is changing."

-- Steven M. Chapman, Group Vice President & President - Emerging Markets & Businesses, Cummins, Inc., on "Joint Ventures and Wholly-Owned Foreign Enterprises."

-- Cai Jinyong, CEO of Goldman Sachs' Chinese securities joint venture and head of its China investment banking business, on "In-Bound and Out-Bound Mergers & Acquisitions."

-- Steve Vickers on "Knowing Your [China] Partner

-- Christian Murck, CEO Asia Region, APCO Worldwide, on "Introduction to Industry Considerations in China."

-- Industry Breakout Lunch Sessions on highly regulated industries in China. Delegates will discuss the energy, financial services, food & beverages, technology/telecom, media and healthcare industries.

March 31 in Beijing will consist of the following:

-- CFO breakfast.

-- Edward Tian, Director for the Asian board of the New York Stock Exchange, on "how to attract worldwide investors."

Participants then go to Shanghai on April 1, where James Liu, Executive Vice President of the Shanghai Stock Exchange, will give an overview of the exchange.

On April 2, in Shanghai, the following will take place:

-- Sam Su, CEO, Yum! China, will discuss human resource and operations.

-- Walter Hungerbuhler and Dennis Ku, from Egon Zehnder International, will discuss "Human Resources and Compensation Issues."

-- Steve Dickinson of Harris & Moure and China Law Blog, will discuss "the current laws that affect employers."

The next day, April 3, will include the following:

-- Kenneth Jarrett, Vice Chairman of APCO Worldwide’s greater China region, on "What is the Shanghai World Expo and why does it matter?"

-- Tina Ju, Managing Partner, KPCB (Kleiner Perkins Caufield & Byers) China, on China venture capital, private equity, and IPOs.

The above describes only individual speaking sessions. This is a multi-day program that will involve all sorts of panels, lunches and dinners, tourist trips, and peer to peer networking among both Multinational companies and leading Chinese companies. I strongly urge anyone interested in finding out more about this program click here for more information.

China Maritime Law Conference. Wuhan, November 8-9.

Posted by Dan on November 6, 2008 at 06:36 AM

The 2008 China Maritime Law Special Topic Research annual meeting will be in Wuhan, China, this weekend, November 8 and 9. The conference will be at the absolutely gorgeous Shangrila Hotel in Wuhan. The meeting is jointly sponsored by the All China Bar Association Maritime Law Section, the Yangtzi River Maritime Law Association, The Hubei Province Bar Association, The Hubei Province Vessel Construction Trade Association and The Wuhan City Bar Association. This will be the first time this annual meeting will be held in an inland city.

The following topics will be discussed:

-- Legal issues relating to vessel construction.

-- Shipping contracts and customs issues.

-- Disputes arising from the release of cargo without a bill of lading (my firm is involved in a case on that in China right now)

-- Insurance issues arising from transport of dangerous cargo.

In addition to maritime lawyers, the meeting will draw attendees from all areas of legal and business life in China concerned with these issues, including judges from the Supreme Court and various Chinese high courts, together with representatives from the shipbuilding, marine insurance, shipping, logistics and freight forwarding industries.

This meeting was planned before the recent world wide economic downturn. This downturn has hit the shipping industry very hard, with dry bulk freight rates falling by over 80% in just the past two weeks. The decline in freight volume and rates is now having knock on effects in the shipbuilding industry. China is caught in the middle of this, since it has been rapidly expanding its shipbuilding capacity in an attempt to overtake Korea as the largest shipbuilder in the world.

China Law Blog's own Steve Dickinson has been asked to speak (in Chinese) to the group on the various issues raised by the economic downturn, particular with respect to shipping rates (defaults on shipping contracts) and shipbuilding (defaults on shipbuilding contracts).

One of the things Steve will be emphasizing to this very likely all-Chinese audience is the need to move quickly to collect on outstanding debt. We are finding that Chinese companies, for a whole host of reasons, are incredibly slow to mount full scale efforts to collect on their debts. Just this week, we were contacted by two Chinese companies seeking to collect 6 and 7 figure amounts from American companies arising from long ago non-payments. In both cases, the Chinese companies had waited so long that the US companies had already ceased operations, without ever having declared bankruptcy. Though it is sometimes possible to collect in such cases, there is a greatly increased difficulty to do so.

Global Chinese Financial Forum 2008. Dalian, China, October 30 to November 1.

Posted by Dan on October 27, 2008 at 07:53 PM

The third annual Global Chinese Financial Forum will be taking place at the Dalian Expo Center in Dalian, China, from October 30 to November 1. This year’s conference will be co-hosted by ChineseWorldNet (out of Vancouver, Canada) and by the Dalian government and it will again focus on the financial side of investing in China and on Chinese companies securing equity financing from overseas. This year's conference will also have speakers on what it takes for Chinese companies to go international. Go here for the long list of excellent speakers, including CLB's own Steve Dickinson, who will be speaking at 3:00 pm on October 31 regarding the legal impediments Chinese companies face in seeking to go overseas. Steve will be speaking in Chinese, but there will be a simultaneous translation into English. Immediately following this talk, Steve will moderate a session on "Positioning Your [Chinese] Company for a U.S Capital Expansion, in English.

Click here for an application to attend.

Breaking News: CLB's Steve Dickinson On Bloomberg's "Asia Business Tonight" At 6:20 PM, China Time.

Posted by Dan on September 17, 2008 at 08:32 AM

CLB's own Steve Dickinson will be appearing live (from Qingdao, China) on Bloomberg's "Asia Business Tonight," tonight (Thursday) at 6:20 pm, China time. This translates to Thursday at 10:20 GMT, Thursday at 6:20 am, EST, Thursday at 3:20 am PST and Thursday 11:20 am, London time. Go here to watch it live on the internet.

Steve Dickinson To Speak On China Law And Economics At China Economic Review Breakfast. Shanghai, September 26.

Posted by Dan on September 3, 2008 at 11:55 AM

SteveDickinsonBanner


China Law Blog's own Steve Dickinson will be the Keynote speaker at the China Economic Review Breakfast Series on Friday, September 26, at the JW Marriott Hotel at Tomorrow Square. Steve's talk will begin at 8:40 am, but the breakfast itself starts at 7:30 am.

CER describes this event as follows:

Following the sold out China Economic Review Breakfast with Andy Xie, we have our next event coming up on September 26th, this time featuring guest speaker Steve Dickinson, Partner and China Manager of Harris Moure PLLC.

As a renowned lawyer and long term China resident, Steve Dickinson is particularly knowledgeable on the legal and economic landscape of China. He is the author of the popular China Law Blog. Steven was named as one of Washington State's "5 Most Amazing Attorneys for 2005" by Washington CEO magazine and has published many articles on China in prestigious law journals, including Columbia Journal of Transnational Law. Steve was the first attorney invited to China by an independent Bar Association and lectured (in Chinese) to Shanghai Bar Association on United States law from 1996 to 1998.

China’s growth will inevitably slow and Steve Dickinson believes that China’s flattening growth curve will not follow the straight line of the optimists nor the parabolic crash of the pessimists. Join Steve as he discusses the reasons for the slowdown and his theories on the growth curve. Graham Earnshaw, editor-in-chief of Xinhua Finance, will also join in the discussion.

This follows the first three successful breakfast events in the series from June to August at which China experts James Kynge, Andy Rothman and Andy Xie spoke of their concerns about inflation and restructuring. This fourth breakfast once again offers you an opportunity to gain insights into China's fast-shifting economic scene, keep up to date and network with other key people in the China business community.

Tickets are only RMB 300 for individuals and RMB 2000 for a corporate table of 8.

Go here for all the particulars on the event and go here to sign up for it online.

Beijing Olympics Quote Of The Day

Posted by Dan on August 25, 2008 at 11:35 PM

Of course this one is late, but I just heard it on The Daily Show, where Jon Stewart refers to the little girl who sang the opening night song, but whose face did not make it on TV:

You thought your middle school days were tough? Imagine if your government got together and decided you were not cute.

UPDATE: Some consider Stewart worthy of deification and use him as part of their graduate level syllabus. On a somewhat related note (using pop culture as a learning device), while listening to Bruce Springsteen's, The Rising, this morning, I concluded that if one listened to every song by Springsteen, Bob Dylan, and Marvin Gaye, one ought to get at least 16 hours college credit in sociology, political science and US history, 1965-2008. Do you agree?

Beijing Olympics Quote Of The Day

Posted by Dan on August 22, 2008 at 10:06 PM

This one from Steve Kelley, consistently excellent sportswriter for the Seattle Times, in an article entitled, "Usain Bolt electrifies Beijing, winning the 200 in a world-record time":

If you're old enough to remember the first time you saw Muhammad Ali, the first time you saw Roberto Clemente, the first time you saw Magic Johnson, watching Bolt has that same never-seen-it-before feeling.

Postcard From Beijing: Home Of Clean Air And Cheap Beer.

Posted by Dan on August 19, 2008 at 11:42 PM

Just got an email from my friend and blogger extraordinaire, Ben Ross. I thought it did a nice job encapsulating what is going on in Beijing these days and after I secured his permission to post it, here goes:

Just wanted to give everybody a quick update from Beijing. For starters, this has probably been the most enjoyable week I have ever spent in the Chinese capital. The Olympics are in full swing, and although I never thought I'd say this…I hope they never end. I've been spending much of the past week enjoying clean air, drinking cheap beer, and watching world class athletes compete for the price of upper-deck Royals tickets.

As I'm sure you have probably heard, starting July 20 the local government closed most factories around the outskirts of Beijing. They also implemented a new system where private cars could only drive every other day, based on their license plate numbers. The impact of the traffic regulations were immediate. (Chicago could really use a rule like this as well). Roads which were otherwise jam packed, suddenly allowed traffic to flow freely, turning potentially hour long cab rides into quick fifteen minute trips. To even further facilitate transit, multiple new subway lines have begun operation as well.

As for Beijing's air, which seems to get more publicity than the games themselves, the effects were not so sudden. In fact, up until the first day or two of the Olympics, Beijing was still covered in a layer of smog, albeit a somewhat thinner layer of smog. On the third day of the games, we got torrential downpour which lasted about three days. Since the rain cleared up, skies have been clear and blue, and the weather has been in the 80's with no humidity. It feels like Colorado in the summertime!

As for the games themselves, originally I figured I'd only be able to check out one or two events if any at all, and probably have to pay through the nose for my tickets. Tickets have been sold out for months, and scalpers can be seen around town selling them for hundreds of dollars. On the first day of the games, a friend of mine from California, who is a martial arts aficionado and was visiting Beijing for the weekend, wanted to see the Judo competition. Not having tickets, and not knowing where to get them, we decided to go to the venue anyway. We waited outside the gate for around fifteen minutes before we were able to purchase face value tickets from some Americans who had 2 extras. The cost…7 bucks each.

Seeing how easy it was to get tickets to judo, I have been employing this strategy at various other events. Basically, I have just been choosing a random event every day, going to the venue half an hour before it starts, and standing around until I find somebody with an extra ticket to sell. So far I have been able to see at least one event every day, all for face value. Tickets range from around $4 (USD) to $20, and with the dirt cheap concessions (they sell beers for 70 cents!) this Olympics has turned into the biggest bargain entertainment I have ever experienced. So far I have seen, boxing, handball, soccer, basketball (no US), water polo, judo, beach volleyball (twice) and baseball (twice), drank heavily at most events and still probably haven't spent more than $100 USD. There is never going to be another Olympics this affordable ever…unless they decide to have it in Myanmar at some point.

Other than sports, the atmosphere in Beijing is incredible. There are people here from all over the world, and the locals are all incredibly fired up as well. Part of the reason everything is so cheap is because events are all staffed by an army of college student "volunteers." From information booths, to ticket takers, to the girl who throws new water polo balls into the pool, all of the legwork has been handled by these volunteers. Senior citizens are in on the volunteer action as well. However, most of them are stationed in random areas where they just sit around and read the newspaper all day. China has never really had a labor shortage.

I hope everybody is doing alright and enjoying the Olympics on TV. I am still updating (and shamelessly promoting) my blog (www.benross.net) so be sure to check it out if you want more up-to-date accounts from Beijing.

Beijing Olympics Quote Of The Day

Posted by Dan on August 19, 2008 at 12:55 AM

James Fallows telling us not to worry about the plethora of "I love China" decals we are seeing on so many Chinese people's faces:

History is full of examples of "rising national powers" getting the big head, feeling arrogant, and doing dangerous things. That's not the main feeling I get here. It's negative Chinese nationalism, like what appeared after the protests over the Olympic torch relay in April, that we should worry about. So a confident China is to be congratulated; a victimized-feeling China is the one to be feared.

Beijing Olympics Quote Of The Day

Posted by Dan on August 18, 2008 at 06:37 PM

Too good a line not to repeat. It is from a Lost Laowai post, entitled, "Beijing: Chinatown in Disneyland," reflecting on the atmosphere in Beijing during the Olympics:

The Beijing people seem happy in the way that the staff at a five star hotel are happy, but not in the way that a group of old men playing mahjong in a hutong are happy.

Qingdao Olympic Update (Live)

Posted by Dan on August 18, 2008 at 03:17 AM

Qingdao Olympics Report
Week Two
August 18, 2008

By: Steve Dickinson
From: Qingdao, China

We are heading into week two of the Olympic Sailing Events here in Qingdao. It is time for a short report.

In order to host the Olympic sailing events, Qingdao built a modern sailing center right in the heart of the central business district. This modern facility will be converted into a sailing school and public park after the Olympic sailing events are concluded. You can find an introduction to the sailing center here. I have an apartment on Dong Hai West Road in Qingdao, just one block from the entrance to the sailing center. So my neighbors and I have been in the middle of the preparations for the event.

The primary concern of the Qingdao Olympic committee has been to ensure a smoothly functioning event. Olympic sailing is quite complex, involving numerous races on multiple courses with many different types of vessels. You can get an idea of the complexity by looking at the race schedule here. As expected, light winds have been a problem, leading to the cancellation of a number of races in the early days. The situation changed dramatically on Sunday when a major storm moved in bringing 20 km winds and high surf.

The downside of the concern for things to run smoothly is that the events have been very unfriendly for spectators. The sailing center is basically sealed off from the city. Those inside stay inside and the public stays out. There is no signage at all indicating how or where a spectator should enter the event. Once inside the sailing center, the spectator will of course ask: how do I enter the viewing enter for the event. The incredible answer is: we don’t sell those tickets here. You have to buy a ticket in town at a post office. Question: well, where is the nearest local post office. Answer: We don’t know. All this is done in Chinese. There is not one English language sign that explains how to actually get a ticket to see the sailing event.
The area immediately outside the sailing center is one of Qingdao’s most popular nightlife destinations. The great fear of the Qingdao government is that some foreign visitor will go to a bar or club in this area and cause some sort of “problem.” To combat this, at least 4 policemen are stationed on every street corner in this district and at least 4 more policemen are stationed in each restaurant, nightclub or bar. These folks are not there to protect the foreign visitors. Quite the opposite. They are there to make sure the foreign visitors don’t make “trouble” for China.

All of this is typical of China as it painfully becomes a modern country. China is good with hardware (buildings and trains) but not so good with software (people). The Olympic facility was built on time and within budget. It is beautifully constructed and works as planned. Considering the number of small boats moving in and out of the water, this has been a major achievement. When the event is completed, the center will be made into a public park, opening another stretch of waterfront to public access. Qingdao has worked hard to ensure that the entire coastline within the city is open to the public. The Olympic Sailing Center opens up the last closed stretch of waterfront, which will greatly benefit the public.

On the other hand, the intense fear of foreigners and the problems they might bring has resulted in a lack of foreign visitors to Qingdao in connection with the event. Spectators for the events seem to be almost exclusively from within China. In hotels and other public places near the sailing center, there are virtually no foreign tourists. The spectator area for the events is also almost exclusively occupied by Chinese tourists. In fact, it appears there are actually less foreign tourists in Qingdao during this Olympic period than is typical for a summer in Qingdao. It is hard to know exactly why this is so, but the intense security and the limits on visas for foreigners seem to have had an impact. My hope that the Olympics in Qingdao would be a chance to introduce Qingdao to foreign travelers has not been realized. Qingdao remains a difficult city for travelers who do not speak Chinese and the Olympic organizers did virtually nothing to make things better. In fact, the heightened security has made it even more difficult to get around town than usual. For the foreigners who actually made it to Qingdao, who would want to return to a place where your dancing companion in the local night club is a 50 year old policeman?

On the other hand, the event has served to introduce the sport of sailing to the Chinese public. The Qingdao television stations have extensively broadcast the event. In addition to broadcasting the events and results, the stations have devoted much effort in explaining the techniques and rules of international sailing. For the vast majority of Chinese spectators, this has been their first exposure to small boat sailing. Since the events have gone very well, the impression has been positive. After the events, a major portion of the sailing center will become a sailing school. It is a goal of this school to focus much of its effort on sailing lessons for children. All of this will have the positive goal of introducing the Chinese to water sports and ocean recreation. We will wait to see if the Qingdao locals decide they want to share all these nice things with foreign visitors.

Who Is Winning The Olympics?

Posted by Dan on August 17, 2008 at 10:25 AM

So is it gold medals that determine it or is it total medals?

Should we give 3 points for a gold, 2 for a silver, and one for a bronze?

And shouldn't team sports in something big-time like basketball or volleyball or even soccer count for more than an individual metal in synchronized dive wrestling?

For more on this, check out James Fallows' post, "More on Chauvinism. medals, and Olympic TV"

UPDATE: Peking Duck also addresses this issue.

FURTHER UPDATE: The New York Times has an article that nicely addresses this issue.

China's New Business Income Tax -- Online Seminar, August 7, 2008

Posted by Dan on July 23, 2008 at 07:12 PM

Strafford Publications, which usually gets pretty good people for its online law seminars, is putting on one entitled, "China's New Business Income Tax: Shielding Non-China Income From the Expansive Enterprise Income Tax." (h/t to AsiaBizBlog) The seminar will take place on August 7 from 1 pm to 2:40 pm, EST. Stafford describes its seminar as follows:

As of Jan. 1, 2008, China enacted a 25% enterprise income tax, under which China has considerable flexibility to bring a foreign company's worldwide income into its tax base. Associated rules and circulars could negate U.S. companies' assumptions that its income is safe from Chinese tax.

Meanwhile, the IRS has proposed much-awaited revisions to its contract manufacturing regs, which are a leading vehicle for American businesses entering the Chinese marketplace. Tax counsel must prepare to leverage the new exceptions and other key changes.

Listen and participate from your telephone as our panel of experienced tax advisors bottom-lines these and other recent developments affecting tax on doing business in China, helping you prepare to adjust your tax planning and transfer pricing strategies.

The panel includes:

Peng Tao, Of Counsel, DLA Piper, New York. His practice focuses on tax and transfer pricing issues in China. He formerly worked in the People's Republic of China's Bureau of Legislative Affairs for five years and for two other international law firms.

Alan Granwell, Partner, DLA Piper, Washington, D.C. He has been practicing in international taxation, and more specifically tax planning and controversies, for more than 35 years. He formerly was an international tax counsel and director of the Treasury Department's Office of International Tax Affairs.

Melanie Chen, Managing Director for China Region Group, UHY Advisors, New York. She specializes in cross-border transactions in China, Hong Kong and Taiwan and advises U.S. companies on complex tax issues in the region. Previously, she worked for Deloitte Touche Tohmatsu in Shanghai and for a law firm in Beijing.

The panel will give you the benefit of their experience and analysis on these and other top tax priorities:

-- Understanding crucial aspects of the enterprise income tax and the associated rules and circulars, so that your company can protect its income from taxation to the maximum possible.

-- Identifying tax opportunities and pitfalls in the Chinese marketplace offered by the proposed U.S. contract manufacturing regs.

-- Planning tax strategies to deal with anti-avoidance provisions and transfer pricing guidance from China.

I have noticed a fairly steep increase in clients seeking referrals from my firm (we do not handle tax matters) for their international tax matters and I have no doubt it is due in large part to both China and the US getting tightening up their handling of international businesses. This Economic Observer article, "Tax Dilemma for China's Ministry of Finance," supports my experiences. I am not a big fan of either taxes or the study of them, but I suspect this seminar will be very worthwhile.

China: The People's Republic Of Capitalism

Posted by Dan on July 6, 2008 at 03:58 PM

Beginning Wednesday, July 9, and for four straight nights, the Discovery Channel will be running Ted Koppel's "People's Republic of Capitalism." The series will focus on China's economic growth and what this means for the United States. Much of the filiming is in Chongqing.

Koppel is a good and fair minded journalist, so I would expect this series to be at least decent. To learn more about it, go here and here.

Global (Including China) Anti-Counterfeiting Strategies Webinar. June 19.

Posted by Dan on June 17, 2008 at 07:15 PM

Managing Intellectual Property Magazine will, on June 19 at noon Eastern time (US) be putting on a Free Webinar on Anti-Counterfeiting Strategies, entitled “Global Anti-Counterfeiting Strategies: Tackling Trans-shipment Issues Using Customs and Other Enforcement Techniques.”

The scheduled speakers are:

-- James Nurton, Editor of Managing IP

-- Paul Rawlinson and Andy Leck of Baker & McKenzie.

-- Toe Su Aung, General Counsel at BATMark Limited

Bruce Longbottom, Associate General Counsel, Trademarks, Copyrights & Information Technology atEli Lilly and Company

The forum will address IP protection and enforcement issues and will include a Q&A session.

To read more or to sign up, go here.

There is a good mix of speakers and this webinar will obviously have relevance to many who do business in China. It being free is icing on the cake.

Kung Fu Panda And A New Theory On China Counterfeiting.

Posted by Dan on June 9, 2008 at 09:51 AM

"When you cease to strive to understand then you will know without understanding." - Caine

I have yet to see the movie Kung Fu Panda, but the always excellent How The World Works, in a post entitled, "Kung Fu Panda's Inside Joke," has just given me another reason why I should. According to How The World Works, the film references both Chinese art and kung fu:

The animators of this very good-looking film have a lot of fun with classical Chinese landscapes and other familiar tropes of traditional Chinese art. But one scene jumps out. Po, the panda with unlikely martial arts aspirations, has made it inside a temple storing a variety of legendary weapons and other hallowed items suffused with kung fu lore. Po, the kind of geek who memorizes every possible piece of minutiae about his chosen obsession, shudders with delight as he rushes from one object to another.

Beyond that, it may help explain why counterfeiting is not viewed so unfavorably in China:

Finally, he comes to a painting depicting an ancient exploit by kung fu heroes. He exclaims: "I've only seen paintings of this painting!"

My kids laughed, as did most of the theater, just because the line sounds funny all by itself, without any context other than that delivered by Jack Black's voice. But taken in the context of classical Chinese painting, it's an even better inside joke. For many centuries of Chinese industry, the great paintings of the past were faithfully copied by the great painters of each successive age. The earliest versions of many of these classics have been lost to the ravages of time -- we know them only through their reproductions.

Yet those reproductions are not regarded as mere copies, but as masterworks in their own right. Indeed, there is even a theory that the supposed Chinese lack of respect for copyright can be connected to the classical Chinese reverence for copying. "I've only seen paintings of these paintings" is a joke written by someone who knows what they're joking about, and it is not the only such gem in "Kung Fu Panda."

I can hardly wait to take my ten year old to this movie.

International Debt Collection: Los Angeles, Today At Noon

Posted by Dan on June 3, 2008 at 09:27 AM

I will be speaking today at an International Debt Collection conference being put on jointly by the International Law Section and the Remedies Section of the Los Angeles County Bar Association. I will be joined on the podium by Hon. Samuel Bufford [pdf], US Bankruptcy Court, Constance Kim, Connon Wood Scheidemantle LLP, Lawrence Peitzman, Peitzman Weg & Kempinsky LLP. For more information, go here.

Should be fun.

China Earthquake's Astounding Numbers: How You Can Donate

Posted by Dan on May 28, 2008 at 09:27 AM

Just read a post about a Wen Jiabao interview on the Time China blog and something really hit me from that post: "sixteen million buildings destroyed." Some people can understand the Sichuan earthquake devastation through personal stories, but I am at heart a numbers guy and that number hit me right in the heart. It is not the number of destroyed buildings itself that move me; hearing that number allows me to vividly understand the human impact of such massive (and now quantified) physical devastation.

The need is obviously massive and unremitting. Here is a post with links on how to donate to earthquake relief and also to Myanmar.

Sharon Stone's Karmic Assessment Of China

Posted by Dan on May 28, 2008 at 02:19 AM

The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts.
Bertrand Russell

I was going to write a brilliant post on Sharon Stone's attributing the Sichuan earthquake to "possible" karma, but since David Wolf over at Silicon Hutong beat me to it in his post entitled, "A Perspective on 'Karma,'" I hereby fully incorporate by reference all that David said, as though fully set forth herein.

Having done that, however, I cannot resist pilfering word for word, the best part of David's post, dealing with how best to handle Ms. Stone's comments:

There are, therefore, two correct responses to this situation:

1. Pointedly ignore Ms. Stone and others like her; or

2. Set out to clarify the record.

I would never defend Ms. Stone and what she said. Personally, I find every word of her diatribe, the setting, and the political convictions that underlie it, utterly detestable.

But by attacking her personally we miss an opportunity to debate the point.

And the debate is what is important. Not the source of the opinion that begets it.

At the same time, go ahead and label me naive, but I find it hard to believe that blind hatred of the Chinese people has reached such a fever pitch in Hollywood that Ms. Stone should have felt emboldened to attribute widespread death, injury and homelessness (including, no doubt, to Tibetans) as some sort of comeuppance? I prefer to think Ms. Stone's views on this are in the extreme minority, even in Hollywood. For other ways to treat Ms. Stone, check out this Daniel Drezner post entitled, "The Blog Post That Writes Itself."

China Earthquake Relief, Charitable Giving, Big Governments, And The Forming Of Civil Societies

Posted by Dan on May 25, 2008 at 08:16 AM

A few months ago, while in Seoul, Korea, I had an excellent discussion with a Korean-American friend of mine. This friend was born and grew up in the United States, but has been living in Korea for the last ten years or so. The day we met, he had seen a guy slapping around his girlfriend in broad daylight and nobody was doing anything other than watching and dialing (probably the police) on their cell phones. My friend walked over, told the boyfriend to stop it, and was soon joined by others doing the same. Kitty Genovese.

My friend then launched into a discourse regarding Big Government and the difference between Koreans and Americans. Koreans, he said, count on government for so much more than Americans. So much so, he said, that certain things "we Americans" take for granted, Koreans do not. My friend was convinced that the reason nobody stepped in to help the poor woman getting slapped around was because it never really occurred to the bystanders to do anything other than call the police. The police stop these things, not citizens. He went on to say that it is the same way when there is a natural disaster in Korea. The people pretty much wait around for the government to help. I protested a bit by pointing out how iIndustrious Koreans tend to be and he agreed. "Look at how Korean shopkeepers in the US defend their shops in the US, he said. That does not happen here in Korea, because here they just rely on government to step in. Even blood donations, he said, do not really occur much unless and until the government makes clear it is necessary. The Korean people, he said, are self-reliant in terms of themselves and their own families, but when it comes to aid for others, they see that as almost strictly the government's province. I do not know whether what my friend was saying is true of Korea or not, but it does make sense.

"We Americans" do tend to pride ourselves on our self-reliance [go to this post if you want to understand why nobody I know from either my hometown of Kalamazoo, Michigan, or my wife's hometown of Peru, Illinois, will vote for Obama and for why I am going on record as saying he cannot win the general election]. The American ethos is to call on government only when absolutely necessary. When it comes to charitable giving, the United States is by far "The Most Charitable Nation in the World." There have been complaints regarding the small sum given by the U.S. government to China earthquake relief, but that only belies a misunderstanding of how such things are done here. When all is said and done, I have no doubt that the United States (and by this I mean the sum total of the government, companies, and private citizens) will be at or near the top in giving to China earthquake relief.

Which brings me back to China and a post at the Black and White Cat entitled, "Beijing’s blood bank is full." The title says it all; so many people have donated blood in the wake of the Sichuan earthquake, Beijing no longer can handle any more. I think this post is very telling. It says that when the Chinese government cannot handle a crisis on its own, the people will step in.

What does this mean for China now and in the future? Is this a change or is it just that reality is finally getting its due? How will the earthquake and its aftermath affect China going forward? I would love to hear from readers as I feel I am already in way over my head.

UPDATE: Just saw these posts, "Chinese netizens continue to monitor earthquake corruption," and "Tianya: The most bad-ass Sichuan earthquake rescue team," over at Blogging for China. Do these actions have the same meaning as the blood donations?

ANOTHER UPDATE: Modern Lei Feng just did an absolutely fascinating/horrifying post, entitled, "Differences in Foreign Policy/Differences in Personal Decisions," detailing a girlfriend beating incident he witnessed and wondering how that ties in with China's foreign policy. A must read.

YET ANOTHER UPDATE: Interesting post at Newsweek's Countdown To Beijing Blog, entitled, "What the Quake Means for Civil Society: Jiang Wenran." Posits that a civil society is developing in the wake of the quake and explains why so many are missing this.

China Earthquake Donations: Doing Good AND Pumping Up The Miles

Posted by Dan on May 20, 2008 at 03:56 PM

Just got an email that combines two of my favorite things: doing good and pumping up my United Airlines mileage plus account. The email is from United Airlines and it says the following:

Mileage Plus customers who donate $50USD or more will receive 500 miles as a one-time bonus. The United Airlines Foundation will support customers' donations with up to 5 million miles for this bonus mile offer. In order to receive the miles, email your electronic American Red Cross receipt to ChinaRelief-Miles@united.com.

It's a can of corn.

China's Earthquake -- How To Help. Money And More

Posted by Dan on May 15, 2008 at 11:30 PM

Crossroads blog has a whole slew of posts up detailing various ways we can help Sichuan's earthquake victims, ranging from sending money to orphanages to aiding with logistics. If you want to help but are unsure as to how, read the more recent posts on this blog and pick something that matches your abilities and your desires. (h/t to Shanghaiist which has been doing an absolutely superlative job covering the quake. I have been meaning to do a five China blogs I would require if stranded on a desert island post for some time now and every time I write that post in my head I have included Shanghaiist. Its work of late only reaffirms why. Major kudos.)

China's Earthquake: How You Can Help

Posted by Dan on May 12, 2008 at 12:19 PM

Shanghaiist just posted on how you can help the victims of China's recent earthquake. Here's the info, straight from Shanghaiist:

For those who are looking to contribute to current aid efforts underway, you can now donate money to the Red Cross Society of China which has formed a disaster relief working group to be dispatched to the earthquake-stricken Wenchuan County in Sichuan.

They have also published an emergency relief hotline, along with bank account information to receive donations to assist their cause:

Account name: Red Cross Society of China
开户单位:中国红十字会总会

For those who want to donate in RMB: you can send money to the RMB account at the Industrial and Commercial Bank of China branch below:
人民币开户行: 中国工商银行 北京分行东四南支行
人民币账号: 0200001009014413252

For those who want to donate in foreign currency, you can send money to the foreign currency account at the CITIC Bank branch below:
外币开户行:中信银行酒仙桥支行
外币账号: 7112111482600000209

Hotline: (8610) 65139999
Online donations: Red Cross Society of China website: www.redcross.org.cn
Click the tab for online donations

We will add others to this as more becomes known.

UPDATE: Thanks to all who have provided additional methods for contributing. CLB has no real knowledge regarding any of these charities nor any real expertise at determining which of these charities make the most sense or which is "the best." In other words, you all are on your own for that.

NPR's All Things Considered Doing Chengdu -- May 19-23

Posted by Dan on May 6, 2008 at 02:24 AM

National Public Radio's All Things Considered Show will be broadcasting from Chengdu, China, from May 19 through May 23. (h/t to Barking At The Sun, which is itself based in Chengdu).

For years, my firm had been getting calls from software companies looking to go into Chengdu, but almost without exception, none of them did. Then, maybe around six months ago, we started getting calls from software companies that were doing more than just thinking about going into China, they were ready to go. Many of these companies are going in with joint ventures where their US software is licensed (with all sorts of IP protections) to the joint venture for use/sale in China and the joint venture sells, markets and supports the software in China and also engages in software development for new or improved product for both China and the United States/Europe.

Chengdu is hot these days and NPR will be there.

Understanding Made In China: April 28, 2008 In NYC

Posted by Dan on April 25, 2008 at 03:53 PM

On Monday, April 28, 2008, The Asia Society is putting on a China speaking event, entitled, "Product Safety: Understanding the 'Made in China' Brand" This will be from 6:30 pm until 8:00 pm at the Asia Society and Museum, 8th Floor, 725 Park Avenue, New York City.

The event is described as follows:

As China prepares for its August 2008 Olympics ‘coming out party,’ lingering concerns over the safety of the ‘Made in China’ brand remain. Even as China publicizes efforts to ensure product safety and reassure consumers, new incidents and ‘Not Made in China’ brands have cropped up. In many product safety cases, there is no easy target at whom to point a blaming finger. Laxity of government supervision in China plays a role, as do conditions in China’s factory and supply chain systems. Domestic and foreign companies have learned that they must proactively involve themselves in sourcing chains, and many companies are rapidly changing their approaches. This program, the second in Asia Society’s series of programs looking at the effects of the Olympics on China, will analyze all of these issues while providing future prospects and advice for companies, governments, and consumers alike.

The speakers will be:

Alexandra Harney, the South China Correspondent for the Financial Times and author of the book, The China Price: The True Cost of Chinese Competitive Advantage.

Paul Midler, Founder and President of China Advantage and the force behind the always excellent The China Game blog.

Alan H. Schoem, Senior Vice President, Global Product Risk Practice, Marsh.

Daniel Rosen, a Principal at China Strategic Advisory, will moderate.

I am plugging this event because I know two of the three speakers and I know them to be extremely knowledgeable regarding China product production. Paul Midler coined the by now familiar phrase, "quality fade" to describe the deterioration in product quality that so often occurs with product made in China. Paul and I have had many great discussions (both live and online) as to what causes the fade, what can be done to help prevent it, and whether it is inevitable and I can unequivocally state that Paul knows China manufacturing. I just recently finished reading Ms. Harney's book, The China Price, and I will review it here shortly. The book is an inside look at Chinese manufacturing and it leaves absolutely no doubt that Ms. Harney knows whereof she speaks on this topic.

I am certain this will be a great event and I would love to hear about this event from anyone who goes.

CLB About To Go On BBC's World Have Your Say

Posted by Dan on April 10, 2008 at 10:30 AM

Just got the call this morning and I will be live on air in about three minutes. The question is whether your leader (in my case, President Bush) should go to the Olympic opening ceremony. My answer will be yes. I say yes because I want the US to be on good terms with China because I see Iran, North Korea, and Al Qaeda as the real threats and we could use some friends in fighting those guys. I also say yes because I think Bush's not going will not do a thing to bring about reform in China and it may actually slow it down.

Doing Business in China: The Labor And Employment Law Story. Is That Elliott Spitzer?

Posted by Dan on April 9, 2008 at 12:18 AM

On May 9, 2008, The Center for Labor and Employment Law at New York University (NYU) will be putting on what looks to be an excellent seminar on China's new labor contract law. The seminar will take place in Pollack Colloquium, Ninth Floor, Furman Hall, NYU School of Law, 245 Sullivan Street. (h/t to the Workplace Prof Blog)

Professor Samuel Estreicher, NYU Law, and Michael J. Gray, from Jones Day's Chicago office will be the co-chairs.

Professor Benjamin Liebman from Columbia Law School will speak on "Doing Business in China: A Historical Perspective." He will be followed by the following panel discussing "The New China Labor and Employment Law: A Practical Perspective:"

Moderator: Terry Sharp, Home Depot

Panelists: Mark Nordstrom, GE
Martin Schmelkin, Goldman Sachs
Dale Skivington, Kodak
Henry Valdez, McDonald's Corporation

Next will be another panel discussion, this one, on "Dealing with Unions in China : the U.S. Model, the European Model, or a New Paradigm?" with the following panelists:

Moderator: Prof. Samuel Estreicher, NYU Law

Panelists: Earl Brown, Solidarity Center
Ed Potter, Coca-Cola
Dale Skivington, Kodak
Henry Valdez, McDonald's Corporation

China Law éminence grise Professor Jerome Cohen, of NYU Law, will be the luncheon speaker

The next session will be on "The Role of Counsel in Assisting Multinational Companies in China" and will consist of the following:

Moderator: Mark Dichter, Morgan Lewis Philadelphia

Panelists: Joseph Chan, Pillsbury Winthrop Shanghai
Darren Gardner, Seyfarth Shaw S.F.
Winston Zhao, Jones Day Shanghai

The seminar will conclude with a roundtable on "Recent Issues Affecting Multinational Companies Doing Business in China : Topics include the Beijing Olympics, the new ADR law (effective May 1) and the protection of confidential information." The panel for this session will be the following:

Moderator: Torrey Whitman, NYU Law

Panelists: Rob Landau, NBC Sports
Ed Potter, Coca-Cola

It does look like it will be a winner.

Go here to register and go here to tell me whether the bottom picture is really Elliott Spitzer. Is it really him?

Steve Dickinson On China Joint Ventures At JP Morgan's China Conference. Beijing, April 24.

Posted by Dan on March 16, 2008 at 10:10 PM

China Law Blog's own Steve Dickinson will be speaking on China Joint Ventures (JVs) at JP Morgan's upcoming China Conference. This yearly conference, which truly is THE China conference, will take place at the Grand Hyatt in Beijing (already sold out) from April 23 to April 25 and it will, as always, include a huge roster of the leading China experts in various fields. Click here for the draft agenda.

JP Morgan describes its conference as follows:

As China's largest investment forum, this pre-eminent conference attracts over 1,500 delegates from more than 30 countries and incorporates in excess of 2,000 one-on-one meetings that place the world's investment elite face-to-face with CEOs & CFOs of China's best companies. Also on offer are presentations from 200 speakers, including China’s brightest corporate minds, top-level government officials who are shaping China's future and China's most notable industry experts and think-tanks from JPMorgan's Hands-On China Series.

Our commitment to you:

- Presentations from more than 200 speakers, customized to meet your investment needs
- Exclusive roundtable discussions with the CEOs of China's leading companies, as part of the JPMorgan China CEO Forum
- Cutting-edge commentary from multinationals, think-tanks and independent industry experts from JPMorgan’s Hands-On China Series
- Informative discussions with top-level government officials
- Sector updates and outlook on key policies from JPMorgan analyst teams
- Exceptional site visits and plant tours

This past summer, Steve gave a JP Morgan "Hands-On China" lecture in Shanghai on China Joint Ventures, focusing on the lessons to be learned from the Danone Wahaha dispute. Steve then did a follow up article on the same topic for the China Economic Review, entitled, "Danone v. Wahaha." A gross summarization of Steve's view on China joint ventures (actually, not just China) is that Western companies are sometimes too quick to partake of them without fully understanding their potential repercussions. I wrote something similar for the Wall Street Journal in a piece entitled, "China's Joint Venture Jeopardy." Joint ventures do have a place in China business, but far too many unscrupulous business consultants push them simply to make a buck/Yuan when various other methods of getting into China would be both better and cheaper for the Western company.

Steve is scheduled to speak on Thursday, April 24, from 17:00 to 18:00 in the Grand Ballroom Number 1. The title of his talk is "Pitfalls of Establishing Joint Ventures in China."

I plan to attend most of the conference and I hope to see you all there.

China Venture News already posted on this conference, as did my friend Shaun Rein, who is chairing a can't miss panel on China private equity. For more on this panel and on the conference as a whole, check out Shaun's post, entitled, "Preview of JP Morgan’s China Conference."

I will continue adding to this post as more bloggers start talking up the event.

CLB's Steve Dickinson On CCTV-9

Posted by Dan on February 26, 2008 at 09:56 PM

CLB's own Steve Dickinson will be on CCTV's Dialogue show tonight at 7:30 pm talking about China's new individual income tax laws. We will run another post on this as soon as CCTV puts the show on its website.

Don't miss it!

UPDATE: It will be aired again on CCTV-9 on February 28 at 0:30, 7:30, and 13:00.

Managing the Risks of Manufacturing in China – Las Vegas, February 28 and 29

Posted by Dan on February 22, 2008 at 04:22 PM

On February 28 and 29, I, along with Paul Brogan, Director of Supply QA for Burger King Corporation, will be co-chairing a conference on “Managing the Risks of Manufacturing in China” in Las Vegas. The conference is aimed at quality assurance and product safety officers and legal counsel dealing with product liability and litigation. My presentation will focus on dealing the benefits of arbitration in dealing with China manufacturers, the things to look out for in drafting an arbitration clause with your Chinese manufacturer, and how to serve a Chinese manufacturer when all else fails.

The following topics will be discussed:

• Designing an agreement with Chinese suppliers that is enforceable in China

• Evaluating the full spectrum of risk and seeking suppliers accordingly

• Segregating and quantifying products to easily dissect the product line in the event of a defect or safety issue

• Implementing internal quality assurance controls that can withstand the scrutiny of media attention or litigation

• Ensuring Chinese suppliers are complying with their commitments

• Determining what type of insurance is available and what specific policy exclusions might apply

• Moving quickly and effectively to remove defective products from the market

• Dealing with the potentially negative publicity of a recall

• Pursuing litigation against a Chinese manufacturer in China

The following people are slated to speak:

Tom Bohan
Vice President, Legal
The Home Depot (Atlanta, GA)

Paul J. Brogan
Director – Supply QA, North America,
Product Safety and Regulatory, Burger King Corporation (Miami, FL)

Konrad Cailteux
Weil, Gotshal & Manges LLP (New York, NY)

Audrey Chen
Jun He Law Offices (Beijing, China)

Jonathan M. Cohen
Gilbert Randolph LLP (Washington, DC)

Steven Cooper
Anderson Kill & Olick, P.C. (New York, NY)

Neil A. Goldberg
Goldberg Segalla LLP (Buffalo, NY)

Michael Lyle
Weil, Gotshal & Manges LLP (Washington, DC)

Arvin Maskin
Weil, Gotshal & Manges LLP (New York, NY)

Dr. Chairman Emeritus
Exponent, Inc. (Menlo Park, CA)

John J. McDonough
Cozen & O'Connor (New York, NY)

Richard W. O'Brien
Director
Office of International Programs and Intergovernmental Affairs
U.S. Consumer Product Safety Commission (Washington, DC)

Richard Oetheimer
Goodwin Procter LLP (Boston, MA)

Lucas G. Paglia
Associate General Counsel
American Eagle Outfitters (Warrendale, PA)

Ricardo Pineda
Director of Manufacturing Engineering
Plantronics Inc (Santa Cruz, CA)

Mark B. Seiger
Edwards Angell Palmer & Dodge (Hartford, CT)

Andrew C. Spacone
Senior Associate General Counsel and Assistant Secretary
Textron Inc. (Providence, RI)

Bob Tellier
Divisional Vice President, Global Sourcing
True Value Company (Chicago, IL)

Alice Young
Kaye Scholer LLP (New York, NY)

For more information, or to sign up, go here.

See you there!

China IP Teleconferences -- February 19 and 26

Posted by Dan on February 18, 2008 at 12:34 PM

Just this second got an email announcing what looks like a very interesting Continuing Legal Education (CLE) Teleconference on Chinese intellectual property, set for tomorrow. For more information and to register, go here.

It will consist of the following two live 90-Minute teleconferences with Interactive Q&A.

Part 1 – Essential Preemptive Steps to Protect IP Rights
Tuesday, February 19, 2008
1:00-2:30 pm Eastern

Part 2 – Strategies for Policing and Enforcing IP Rights
Tuesday, February 26, 2008
1:00-2:30 pm Eastern

It is described as follows:

The increased focus on doing business in China – and its rapidly evolving regulatory landscape for IP – impacts most U.S. companies. In 2006, counterfeit products seized in China accounted for over 80% of all seizures that year.

To protect IP, companies must have an IP strategy for China, whether or not they are currently doing business in China. Before entering the market, advanced planning is crucial because IP rights take time to obtain in China.

How can companies protect their intellectual property rights, whether they are planning to enter the Chinese market, otherwise do business in or with China, or if their products are vulnerable to counterfeiting or other infringement?

Listen and participate from your telephone as our authoritative panel of IP and China business law specialists examines protection of a company's IP rights before entering into business in China and while transacting business in China, including registration of IP, anti-counterfeiting and brand protection strategies, and enforcement practices.

The panel will address the following issues:

What issues must be addressed for registration of IP in China?

What steps can U.S. companies implement to protect their brands against infringement?

What strategies can IP owners employ to combat counterfeiting in China?

What are the best practices for IP enforcement and protection in China?

The faculty consists of the following:

Yitai Hu, of Akin Gump Strauss Hauer & Feld, in Palo Alto.

Paul D. Jones, of Jones & Co. in Toronto.=

Keith Medansky, of DLA Piper, in Chicago.

Stan Abrams, of DLA Piper, in Beijing, and also of China Hearsay fame.

I can certainly vouch for Stan but I do not know any of the other speakers.

China Real Property Law Teleseminar, January 8, 2008

Posted by Dan on January 1, 2008 at 07:55 AM

Strafford Publications is putting on what is looking to be an exceptional "Live 90-Minute Telephone Conference with Interactive Q&A" on China Real Estate Law." The teleconference will take place on Tuesday, January 8, 2008, from 1:00 pm until 2:30 pm Eastern Time and from 2:00 am until 3:30 am, China time.

It is entitled, "Real Estate Investment Under China's New Land Use Laws: Mitigating Complex Legal Risks, Seizing New Opportunities" and is described as follows:

As China’s population skyrockets past 1.3 billion and the demand for living and office space soars, U.S. investors anxiously seek real estate opportunities there. However, investment restrictions, land ownership rules and China’s unique culture make foreign investment complicated.

New Chinese Property Laws became effective in October 2007, providing some direction for investors. However, regulations limiting foreign access to investment in the Chinese real estate market create continuing uncertainty for U.S. investors.

Listen and participate from your telephone as our panel of real property attorneys explains the current cultural and regulatory environment for real estate investment in China, the legal risks of investing in Chinese real estate and best practices for mitigating those risks.

The following China attorneys will be on the panel:

CLB's own Steven Dickinson.

Anna Han, with White & Case's Palo Alto office and a law professor at Santa Clara University.

Amy L. Sommers, with Squire, Sanders & Dempsey's Shanghai office and co-chair of the ABA's China Law Committee, and also formerly of Seattle.

The panel will, among other things, be addressing the following questions:

How have the 2007 Chinese Property Laws altered the Chinese government's treatment of land ownership?

What restrictions did the 2006 regulations place on foreign investments in China's real estate market?

What are some best practices for mitigating the legal risks of investing in Chinese real estate?
Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Don't miss it.

China Products Liability Conference: Washington DC, December 10 and 11

Posted by Dan on December 9, 2007 at 01:51 PM

I am scheduled to speak on Monday in Washington DC regarding what companies outsourcing their product manufacturing must do to protect themselves from bad/dangerous China product. The conference is being put on by Lexis/Nexis and based on the people speaking (present company excluded, of course), I am confident it will be a great conference. The website lists the following benefits, among others, from attending:

• Learn how to write arbitration clauses that stand up in China and other foreign countries
• Get the inside story on the current products recalled—who is being sued and who is at risk
• Receive a briefing on how to properly handle a product recall from the media to suppliers
• Examine recent foreign arbitration awards and how to get them enforced
• Find out how lead exposure affects children from a leading toxicologist
• Listen in on a roundtable by counsel doing business in foreign jurisdictions
• Discover how arbitration works in the International Centre for Dispute Resolution in Hong Kong
• Hear from insurance coverage attorneys on issues like business interruption
• Discuss the current regulatory situation and the status of reform efforts

Paul Hinton, NERA Economic Consulting and Bradley Remick, Marshall, Dennehey, Warner Coleman & Goggin will be the chairs.

Lucy Allen, NERA Economic Consulting, and Hillel Parness from Lovells LLP, will start it off discussing the current status of China product issues.

Joseph Guglielmo, Whatley Drake & Kallas, and Katherine Cahill, Marsh USA, Inc., will discuss what to do when a China product is recalled.

Jeannie Perron, Covington & Burling LLP, Francis Citera, Greenberg Traurig, LLP, Kenneth Wexler, Wexler Toriseva Wallace LLP, and Mitchell Breit, Whatley Drake & Kallas LLC, will give a litigation update regarding recently recalled China products.

Jack Snyder, Toxicologist, and Michael Filla, Gardere Wynne Sewell LLP, will talk about "Lead Exposure in Children and Medical Monitoring."

Brenda Jacobs, Sidley Austin LLP, will speak on the regulatory efforts relating to unsafe products from China.

Thomas Klitgaard, Dillingham & Murphy, LLP, will be speaking on China litigation and arbitration and I will be speaking on setting up your manufacturing in China so as to avoid litigation or arbitration.

Thomas Klitgaard, Dillingham & Murphy, LLP, Baiju Vasani, Crowell & Moring LLP,and Phoebe Wilkinson, Chadbourne & Park LLP, will be speaking on arbitration and other contractual issues relating to China product.

Shelley Leinicke, Wicker, Smith, O’Hara, McCoy & Ford, and Bradley Remick, Marshall, will be speaking on "How to Get the Foreign Supplier Involved in Defending Against Claims of Product Defects."

Marialuisa Gallozzi, Covington & Burling LLP, Joseph Bermudez, Cozen O'Conner, and Brad Murlick, Navigant Consulting, will speak on "Business Interruption and Insurance Coverage" as they relate to China products.

For more on this conference, go here.

CLB Talking China Product Risk -- Orlando, FL, November 7

Posted by Dan on November 6, 2007 at 09:15 PM

I will be one of the speakers at the 2007 E&S Loss Control Executive Forum in Orlando, Florida tomorrow. For more on the event, go here. The forum is limited to higher level risk executives only and I will be speaking on how to minimize risk when doing business with China. My focus will be on protecting IP and on preventing bad quality product.

Any readers in Orlando should feel free to contact me as it is looking like I will be free for dinner. Oh yeah, also got called by CNBC regarding my speaking on the same topic live on air tomorrow. I have my suit and tie with me this time so I said yes. Rumor is I will be on there with some lawyer out of Philly who views China manufacturers as evil.

We will see.

Updates to follow.

Steve Dickinson At CNbloggercon -- THE Event On China Blogging/Web 2.0

Posted by Dan on November 2, 2007 at 06:21 PM

CLB's own Steve Dickinson will be a panelist on the very soon upcoming CNbloggercon in Beijing this weekend at the Tsinghua Technology Park Conference Center. Steve will be talking about the legal issues of blogging within China.

Steve's panel (and Steve himself) will be speaking Chinese and most information on the conference is in Chinese. This is a huge annual event (biggest such event in China, I believe) and this is the third one, first in Beijing. For more on what other bloggers are saying on the event, click here, here, here, and/or here.

Due to the potentially sensitive nature of the subjects on which Steve and his fellow panelists will be talking (hint, it starts with the letter c), it was nip and tuck right up to the last minute as to whether that panel would go on at all. Hence, our extremely late notice.

I am hoping someone will be live blogging in English on this event or at least reporting back on it fairly regularly. If someone finds such postings, please let us know.

UPDATE: Steve just emailed me from his Blackberry: "Last session tomorrow. Legal is sensitive so not really advertised." Tomorrow means Sunday, November 4, China time. Don't anyone dare miss it.

SECOND UPDATE: Steve's session will be at 5:20 pm.

USPTO China Roadshow. San Jose, CA November 7-8

Posted by Dan on October 27, 2007 at 03:31 AM

The United States Patent and Trademark Office will be putting on another one of its usually fine roadshows. This one will be at the Crowne Plaza Hotel in downtown San Jose, California on November 7 and 8. Click here to register. These tend to be very informative events and, amazingly enough, they are free. I attended the one in Seattle and I was even able to get continuing legal education (CLE) credits for doing so.

The following people are scheduled to speak on the following topics:

-- Susan Anthony, Office of Intellectual Property Policy and Enforcement. "Are You China IP Savvy?"

-- Eric Smith, International Intellectual Property Alliance and Greenberg Traurig, "Piracy in China: An Overview from the Copyright Industries"

-- Joshua Kaufman, Art Copyright Coalition and Venable LLP, "Stopping Chinese Counterfeits: A Practical Hands-on Approach for All Business"

-- Stan McCoy, Office of the US Trade Representative (USTR), "Trade-Related Aspects of China IP"

-- Tom Sydnor, The Progress and Freedom Foundation, "File-sharing Programs"

-- Joanne Vliet, US Export Assistance Center (USEAC), "Export Resources for U.S. Businesses"

-- Tom Moga, Butzel Long, "Design Patent vs. Copyright Protection in China"

-- William "Skip" Fisher, Schwabe, Williamson & Wyatt, "What U.S Companies Should Know About Tech Transfer in China." Also, "A Practical Paradigm for IP Risk Management in China." Skip is based here in Seattle and his speech on China technology transfer is excellent.

-- Debra Eggeman, Independent Distributors of Electronics Association
-- Diane Nichols, Fairchild Semiconductor Corporation
-- Tom Valliere, Design Chain Associates
On a panel discussing "Anti-Counterfeiting Initiatives in the Electronics Industry"

-- Scott Baldwin, Office of Intellectual Property and Enforcement (USPTO), “USPTO Resources for China IP”

-- James Chesser, Chesser & Associates, "Hitting the Right Note in China: A Performer’s Experience"

-- Neil Smith, Sheppard Mullin Richter & Hampton LLP, "Counterfeiting Enforcement Strategies in the U.S."

-- Dwayne Rawlings, Intellectual Property Rights Branch, Department of Homeland Security, "U.S. Customs."

-- Mr. Dave FAULCONER,U.S. Immigration & Customs Enforcement (ICE), "U.S. Immigration & Customs Enforcement"

-- Yang Guohua, Ombudsman, Embassy of the People’s Republic of China, "What U.S. Businesses are Doing Right (and Wrong)"

-- Ellen Szymanski, International Trade Specialist, Office of China Economic Area, U.S. Department of Commerce, "An Interactive Case Study: Protecting and Enforcing Rollershoe’s Intellectual Property Rights (IPR)"

These roadshows are particularly good for businesses just starting out in China or contemplating doing so.

IP Roundtable In Beijing On October 23-24

Posted by Dan on October 4, 2007 at 01:05 AM

If it is October, it must be time again for Ambassador Clark T. Randt Jr's Roundtable Discussion on Intellectual Property Rights in China. This year's event will take place at the Grand Hyatt Beijing, starting on the evening of October 23 and running through October 24. Go here to register and for more information. Hat tip to Asia Business Intelligence Blog for coming up with this one. What email list is he on that he is always beating me to the punch on government events on China IP?

The draft agenda reveals that Stephan Lang of the U.S Consulate in Guangzhou will be the Master of Cermonies, U.S. Ambassador Clark T. Randt, Jr., will be giving the opening remarks, and Jon Dudas Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, will be giving the Keynote.

The first panel will be a "China-Based Industry Overview and Directions Embassy Should Take on IPR (Part I)." It will be moderated by Barry Friedman, from the U.S. Commercial Service and will have on the panel the following people on the panel:

Jeremie Waterman, from AmCham
Jack Chang, from the Quality Brands Protection Committee
Jeffrey Schultz, from the R&D-based Pharmaceutical Association in China

There will then be another panel on the same issues, moderated by Chris Adams from USTR and with the following people:

Greg Shea (whom I know and can vouch for as both knowing his stuff and knowing how to convey it in a very interesting way) from the U.S. Information Technology Office.
Eric Smith, from the Copyright Industry Overview (IIPA)

The third panel is entitled "Trends in Intellectual Property Enforcement And Suggestions For USG Support or Involvement." Chris Israel, International IP Enforcement Coordinator will be moderating and the topics to be covered will include,

· Fake and Shoddy/Counterfeit Goods and IPR

· Internet and its Threat to U.S. Rights Holders

· Civil Enforcement and Pharmaceutical Industry Challenges

· Counterfeit Agricultural Products (Crop Life)

This panel will include Elizabeth Lam and George Fuller

Conrad Wong from the U.S. Consulate in Guangzhou will be the Master of Ceremonies for the afternoon session.

The next panel will be on "Illustrative Cases - Ways to Protect and Enforce IP in China" and will be modereated by Lisa Rigoli, of the Trade Facilitation Office. The topics for this panel will likely include the following:

· Combating International IPR Crime: Experience of Nike – Bill Wei

· Trade Fair Infringements (TBD)

· Fake Markets and Landlord Liability (TBD)

· Company Name Infringements (TBD)

The fourth panel will be on "IPR Directions for the Future - Legislation and National IP Strategies and U.S. Government Support" and will start out with a speech by John Sullivan, General Counsel, U.S. Department of Commerce, on “Commercial Rule of Law Reform and Intellectual Property Advancement in China.” Mark Cohen (who I have heard speak and who is really good) will moderate with the following panelists on the following issues:

· Patent Law Reform (QBPC, IPO) (Sam Li, Rohm and Haas)

· Trademark Law Reform (INTA or QBPC)

· Copyright Law Reform (Yun Xuan, GE Universal)

· Criminal Law Reform (Joe Simone/IACC)

· Trade Secret Law/ Unfair Competition Law (TBC)

· Reform of China’s Civil Process (TBC)

The fifth panel will be on "China’s Industrial and Intellectual Property Policy: How this Affects U.S. Companies and How Should the Embassy Respond?" It will be moderated by Eric Madison of the Economics Section and have the following panelists and issues:

· Antitrust and Standards: Nate Bush, O’Melveney & Meyers

· Tech Transfer Policy: Dr. Thomas Pattloch, European Commission

· Market Access and IPR Protection: TBC

The last panel entitled, "The View from Washington: IP Policy and the Role of Rights Holders" will be moderated by Bob Poole of the USCBC and will have the following panelists and topics:

· WTO/JCCT and Other Trade-Related Activities: USTR - Stan McCoy

· Federal Bureau of Investigation: Dep. Asst Director Sean Henry

· Customs Cooperation: Customs and Border Protection (TBC)

· USPTO Engagement: USPTO (Lois Boland or Elaine Wu, TBC)

The conference will conclude with a Q&A and then Mark Cohen will give a summary and conclusions and set forth the "U.S. Embassy’s View of the Year Ahead and Next Steps."

Enough great people and topics to last a week, so one day ought to be quite a ride. I will be in Hong Kong for depositions from October 17 through the 21st so I may just drop over to Beijing for a look.

China Tech/China Blogging -- September 19 (Today), In Beijing

Posted by Dan on September 18, 2007 at 05:28 PM

On September 19, at the Renaissance Hotel in Beijing, beginning at 1:30 pm, there will be two panels of "experts" speaking on various aspects of China's digital world. I put the word experts in quotes only because I will be on one of the panels and my knowledge of the digital world barely extends beyond the phone number of my firm's IT guy. But I know nearly all of the other panelists and can strongly vouch for them, both in terms of their knowledge and in their ability to impart information to an audience. On top of this, at least one of the panelists has made a rather unique and legally binding quality guarantee.

The American Chamber of Commerce (AmCham) is putting on this event and you can get complete information on it here.

For more on what should be a great event, check out the following:

1. Silicon Hutong

2. ImageThief

Most importantly (and I will note that this is the only blog to report this late breaking news), free t-shirts will be given to all who attend.

I hope to see you there.

Running A Low-Cost China IPR Protection Program, September 11, Beijing

Posted by Dan on September 6, 2007 at 03:21 PM

AmCham Beijing is putting on what looks to be a wildly helpful seminar entitled, "Best Practices in Running a Low-cost IPR Protection Program." It will be from 7:30-10 a.m. at the Beijing American Club located at the China Resources Building, 8 Jianguomen Beidajie in Beijing.

AmCham describes this event as follows:

Protecting intellectual property rights (IPR) is not just a job for companies that patented inventions or make DVDs - any company with a brand name is vulnerable to Chinese competitors who can take advantage of your company's IPR by selling knock-off goods or by providing services under your company's name. Even if you think your brand is safe, how do you ensure that your suppliers or distributors are not substituting fake products for your legitimates?

Operators of small- and medium-sized enterprises (SMEs) know that, due to smaller budgets, SMEs are hard pressed to withstand the crippling effects on profit margins that unchecked IPR abuse can have.

However, neither do they have the budget or personnel to employ teams of lawyers and investigators to curtail these IPR abuses. So what to do?

Whether you are currently an SME operator or you have ever considered starting your own company, this AmCham event will provide answers to many of your questions about low-cost strategies to safeguard your intellectual property.

Our all-star panel of IP experts, including Mark Cohen, the Senior IPR Attache at the US Embassy, Jack Chang, the Chairman of the Quality Brands Protection Committee, and Eugene Yu, the Chief China Representative for the Motion Picture Association, will share their tips and best practices on how to employ both clever preventative strategies as well as how to enforce your IP rights on a tight budget.

Registration will be from 7:30-8 a.m., with breakfast, presentations and Q&A from 8-10 a.m.

I like the conference's emphasis on IP protection for SMEs because, in so many ways, budget constraints force SMEs to achieve that protection differently from large companies. Where the large company typically can do whatever it takes to protect its IP, the small company must wisely pick and choose from a long list of options. Though it is impossible to achieve complete protection, I have seen companies achieve excellent protection for very little money and I have seen companies spend more and completely miss the boat. I would expect this conference would help SMEs lean more to the former.

Cost is 100RMB for members, 250RMB for nonmembers. Click here for online enrollment.

Free China IP Seminar: Kansas City, September 19-20, 2007

Posted by Dan on August 28, 2007 at 02:26 PM

The United States Patent and Trademark Office (USPTO) is putting on another in its series of free seminars on China intellectual property. The seminar is entitled, "Conference on Protecting Your Intellectual Property in China and the Global Marketplace" and it will take place on September 19 and 20, from 8:00am until 5:30pm, at the Hyatt Regency Crown Center, 2345 McGee Street, in Kansas City, Missouri.

The USPTO website describes the seminar as follows:

WHO SHOULD ATTEND: Companies of any size, from those contemplating entering the China market to those with an established presence in China, and including those who simply want to know more about better protecting themselves against IP theft from abroad.

TOPICS: China’s laws and regulations that may affect how a business protects and enforces its intellectual property, how best to protect business assets to avoid intellectual property problems in the first place, how to recognize when an intellectual property asset has been infringed, what to do if infringement occurs, and what the U.S. government is doing to improve the intellectual property protection and enforcement environment
in China.



The agenda and speakers have yet to be posted, but registration has already begun and, if precedent holds true, it will both be an excellent event and it will sell out. Click here to register.
This program is part of the USPTO’s continuing commitment to increase public awareness of intellectual property rights and the enforcement of these rights in the global marketplace.

Just in case, I repeat: these are excellent seminars and they are free.

China Financial Markets Conference: November 13, 2007, In Hong Kong

Posted by Dan on August 10, 2007 at 10:26 AM

The Wall Street Journal Asia and mega law firm, O'Melveny & Myers (with a very strong China presence), are putting on what is looking to be a top level conference on China's financial markets. The conference is set for November 13th in Hong Kong (China's de facto financial capital) at the Hong Kong Grand Hyatt (a great hotel with amazing views!). For registration, click here. The cost is $1000, but there is a 20% discount for Wall Street Journal subscribers and since one can get such a subscription for less than $200, it would certainly make sense to do so. There are also various other discounts, including a 10% early bird discount, but it is not clear whether they are cumulative.

The topics will include the following:

Commercial Banking in China
China and World Capital Markets
China Domestic Capital Markets
Cross-border M&A
China’s RMB & Foreign Currency Issues

Click here [pdf] for the agenda.

The following are scheduled to speak:

Howard Chao, O'Melveny & Myers LLP
AB Culvahouse, O'Melveny & Myers LLP
Lawrence Fok, Hong Kong Exchanges and Clearing Limited
Stephen Green, Standard Chartered Bank
Fred Hu, Goldman Sachs
Nicholas Lardy, The Peterson Institute for International Economics
Stephen G. Pagliuca, Bain Capital
Qi Bin, CSRC
David Rubenstein, The Carlyle Group
Henny Sender, The Wall Street Journal
Jing Ulrich, JPMorgan Securities
Dr. Jonathan Woetzel, McKinsey & Company
Dr. Xu Gang, CITIC Securities
Xu Guang Xun, China NASDAQ International

The depth and breadth of the speakers makes me confident this will be an excellent conference.

Bloomberg TV, August 9, at 9:40 a.m. China Time

Posted by Dan on August 5, 2007 at 07:10 PM

CLB's own Steve Dickinson will be on Bloomberg TV out of Shanghai on Thursday, August 9, beginning at 9:40 a.m., Shanghai time. Steve will be discussing Chinese product safety and quality and what foreign companies need to do to ensure the goods they get from China meet applicable and necessary standards back home.

Assuming Steve's interview is shown live, this means it will be on at 6:40 p.m. PST and 9:40 p.m. EST in the United States, and at 2:40 a.m. in London. Bloomberg's website seems to indicate Steve will be on the show "Money and Politics," which, considering the topic, makes sense.

Don't miss it.

Monday, July 9, Appearance on CNBC, Talking China Products

Posted by Dan on July 8, 2007 at 07:52 AM

I will be appearing on CNBC's Morning Call show on Monday at 8:15 am Pacific Time, 11:15 am Eastern Time. The topic will be whether American companies are responsible for bad product they are getting from China. Regular readers of this blog know my answer will is an emphatic YES.

Morning Call describes itself as follows:

"Morning Call," anchored by Liz Claman from CNBC's global headquarters, offers a clear focus on real-time market coverage at the heart of the trading day. "Morning Call" captures the frenzied moments following the start of the trading day and all of the intense market activity associated with Wall Street's opening moments. It's two full hours of up-to-the minute market news and analysis and debate on the markets, the economy and other business issues that effect your pocketbook.

Don't miss it.

UPDATE: I've been bumped. Something about needing more time to devote to private equity. They tell me I will be rescheduled. Kind of a shame because I am here in Portland, Oregon, chaperoning my daughter's basketball team at the End of the Trail tournament and since all I came with were t-shirts and jeans, I had to run out and buy a suit, shirt and tie to look presentable for the show. It was either that or leave early and return to Seattle. Oh well, Guess I needed an updated look anyway. Oh well.

China's Legal Revolution, July 3 On PBS

Posted by Dan on June 24, 2007 at 01:17 AM

On July 3rd, 9:00 pm Eastern Time, PBS will be running a documentary on the Chinese legal system, entitled, "The People's Court: China's Legal  Revolution." And is it just me, or is the guy on the far right of the site a near dead ringer for Lloyd, from the HBO series, Entourage?

PBS e-mailed me regarding the show, describing it as follows:

FROM NEIGHBORHOOD DISPUTES TO LIFE-AND-DEATH CASES, WIDE ANGLE FOLLOWS JUDGES, LAWYERS AND ordinary citizens SEEKING JUSTICE AS CHINA BUILDS A LEGAL FRAMEWORK FROM SCRATCH FOR ITS NEW MARKET ECONOMY, IN THE PEOPLE'S COURT

WIDE ANGLE Launches Its Sixth Season Tuesday, July 3 at 9 p.m. On PBS.

When a state judge brings her mobile court to a hillside village to resolve its first lawsuit, the entire community shows up for the public spectacle.  When a crusading lawyer risks government retribution to defend farmers rioting against a massive dam project, a teenager is tried and executed in secret.

It may be the court of "the people," but it's a long, long way from Judge Wapner's California courtroom.

As WIDE ANGLE returns for its sixth season of in-depth documentaries about issues that are shaping the world today, The People's Court takes viewers inside the courtrooms and law schools of China to provide an unprecedented and unexpected portrait of its rapidly
growing legal system.  The People's Court premieres Tuesday, July 3 at 9 p.m. (ET) on PBS (check local listings).

Poised to surpass the United States as the largest economy in the world, yet facing mounting domestic and international pressure for fair and transparent framework of laws, China is racing to reshape the rules of society.  With Chinese from all walks of life taking to the streets in record numbers (official figures count an average of 200 incidents of unrest a day) to protest land seizures, corruption, pollution, or unpaid wages, China is under duress to provide a release valve for mounting social discontents.  "Rule of law," originally a Western concept, was recently adopted in China's Constitution for the
first time ever, and legal reform is high on the state agenda, despite the Communist Party's continuing monopoly on power. Above all, a market economy requires a reliable framework of property rights, without which international investors cannot do business with China. 

In the past quarter century, the country has opened nearly 400 law schools, trained hundreds of thousands of judges and lawyers, and launched education campaigns to encourage people to bring their grievances to court rather than taking to the streets.  Few nations have ever attempted to create a new legal system so quickly.  Yet the transformation is incomplete and the judiciary far from independent. Senior judges are appointed by, take orders from, and receive their paychecks from the Communist Party.  Hundreds of Chinese lawyers have been jailed in recent years for challenging state
leadership or taking on overly sensitive cases.  More than 99 percent of criminal cases end in convictions.  And China executes more prisoners every year than the rest of the world combined.  The People's Court reports the shocking story of the recent secret trial and execution of one of the 100,000 peasants who protested the loss of their land to a
huge hydroelectric dam project on the Dadu River. 

WIDE ANGLE was given exclusive access to film in Chinese courts -- a first for a Western documentary.  Profiling itinerant judges, law students, a human rights lawyer, and ordinary citizens, The People's Court examines China in flux, revealing the lengths to which Chinese people must go to obtain justice and raising crucial questions about
their present system of law:  Is it possible to get a fair trial in China today?  Will the "rule of law" transform Chinese society into one that protects the legal rights of all citizens?

After the film, WIDE ANGLE anchor Daljit Dhaliwal will conduct an interview with a foreign policy expert to examine the global implications of China's legal reforms and connect the dots for American viewers.

Though it certainly sounds interesting and I most certainly will be watching it, I am a bit skeptical it will be able to tell us much in its one or two hour slot.   I will report back. 

China Trends 2007

Posted by Dan on June 16, 2007 at 09:18 PM

By Charles Moure

I attended AmCham Shanghai's June 8, 2007, China Trends Conference at the Pudong Shangri-La Hotel.  I was quite impressed by both AmCham and the conference itself.  The large conference room was nearly full.  Brenda Foster, President of AmCham Shanghai, gave the opening remarks and she noted AmCham Shanghai is one of the fastest growing AmChams in Asia. 

Steven Ganster of Technomic Asia gave the first speech.  My firm has worked on a number of matters with Technomic Asia (mostly with Kent Kedl, who is based in Shanghai) and we hold them in very high regard.  Steven gave an excellent speech on how when Chinese and Western companies compete for the same customers, Western companies usually lose.  Chinese companies simply have too many advantages in their relationships, their labor costs arising from their willingness to take a harder line with labor, and their ability to pay lower taxes.  Western companies typically have the advantage in access to finance and in more sophisticated management techniques. 

John Leary, Managing Partner of White & Case's Shanghai office spoke next.  My firm has worked with White & Case on a number of matters in Russia and we have always found them to be absolutely superb lawyers and Mr. Leary certainly did nothing to dispel that view.  His talk was entitled, "Recent Changes and Trends in PRC Law" and yet he managed to keep it light and interesting.  He started off with a good lawyer joke (note to self, use it the next time I speak).  He said he had asked his wife how to keep his presentation short, while still covering so much material.  His wife advised he should keep in mind he would not be able to bill anyone his normal hourly rate while presenting. 

John did a great job briefly highlighting recent trends in China's labor, intellectual property, tax, mergers & acquisitions, real estate, and dispute resolution laws. 

John anticipates China's draft labor law will become law this summer. John talked about how non-compete clauses in employment contracts are getting enforced in China and employers should consider these to prevent employees from taking intellectual property.  He also talked about how employees in China must have written contracts and on how it is difficult to fire them.  Most companies get around this by entering into short term contracts with their employees (maybe for a year or so) and then not renewing the contract if things do not work out.

John then talked about how China is considering changing its requirement that patents arising from research and development done in China must first be filed in China.  John also briefly discussed the Beijing "Silk Market" case where a landlord was found liable for having allowed counterfeit product to be sold in its buildings.   

John talked about how though foreign companies in China have a lower tax rate than Chinese domestic companies, tax compliance by Chinese companies is reputedly less.  John left open the question as to whether the new unified tax law will cause the Chinese government to take tax enforcement against domestic companies more seriously.

In discussing dispute resolution, John promoted using an offshore arbitration clause, preferably Hong Kong.  I asked John about his firm's success rate in getting foreign arbitration awards enforced in the Chinese courts and he said they have had a good success rate in converting those awards into Chinese judgments.  I found this interesting because co-bloggers Dan and Steve are always fighting over whether to include a Chinese arbitration clause (Steve's usual position) or a Hong Kong, Vancouver, or Singapore one (Dan's usual position).   

Unfortunately, I had to leave the conference early to participate in a bankruptcy conference at the Allen John law firm so this was all I got to hear.   

I shall return.

Danone and China's Wahaha: A Lecture on How (Not) to Make Allies Enemies

Posted by Dan on June 11, 2007 at 01:08 AM

You are going to have to trust me on this.  Lawyer's instinct. I know the Danone Wahaha dispute is going to be a watershed event in Chinese law and business for foreign companies, though have no evidence to back this up. 

Yet. 

In the meantime, please excuse my obsession with this dispute, but since it contains just has about every issue with which foreign companies must deal in China and because both parties have enough money and legal talent to fight it out on every one of those issues, I just cannot help it.  Since the opposing sides come from such very different backgrounds, have such very different training, and such very different strengths and weaknesses we can expect them to employ very different tacts.  That too should (and already is) prove very interesting.

This case is going to influence Chinese/foreign corporate litigation, for years to come.  This dispute is going to influence the future of China business for foreigners, I am telling you ....

Anyway, for a history of the dispute, check out my original post (and do read the comments), entitled, "Danone v. Wahaha -- Which Of Us Is The Most China Rookie?"  You also should check out "China Litigation: You Want Government With That?

The big news in the war this week is that Danone has sued various Wahaha linked entities in California State court.  I am in the process of securing the complaint in that action, but I think I already have some idea of Danone's strategy and I think it is a good one.  Danone is trying to nullify Wahaha's home court advantage in China by seeking to force at least part of the fight to occur on more neutral turf. 

But my reason for writing this post now is to inform everyone that Professor Teng Bisheng of the Cheung Kong Graduate School of Business will be giving a lecture at The Portman Ritz-Carlton in Shanghai on Wednesday, June 13, 2007 from 6:30 pm - 8:30 pm.  Admission is free, but registration is required. 

I am going to try to get one of our Shanghai people to go to this lecture and report back to the blog on it. 

Two China IPR Webinars, May 10 And May 17

Posted by Dan on May 8, 2007 at 06:44 AM

The United States Commerce Department, Office of China Economic Area, will be putting on two webinars this month on intellectual property (IP) in China (h/t to Asia Business Intelligence).  I have listened in on a few of these webinars and they tend to be very good.

The first will be on May 10, from 2:00 p.m. through 3:30 p.m. EST and will be the United States Trade Representative (USTR) "Reports on Local Enforcement of Intellectual Property in China: Special Provincial Review and Special 301 Report."  This report examines the "adequacy and effectiveness of IPR protection and enforcement at the provincial level in China."  These reports are based on "numerous teams of U.S. government officials [having gone] to many provinces across China meeting with local Chinese government officials, conducting site visits to hot spots of pirating and counterfeiting activity and solicited two rounds of public comments."  USTR Chief Negotiator for IP Enforcement Stanford McCoy, and Senior Director for China Amy Celico will be leading this webinar, which will provide "an in-depth discussion of this year-long fact finding mission and the results of this year's Special 301 Report on China."  A copy of the Special 301 report can be found here [pdf].

The second webinar will be on May 17, also from 2:00 p.m. through 3:30 p.m.  This one will be on China's 2007 IPR Action Plan and will be led by China's Counselor for IP Dr. Yang Guohua.  Dr. Guohua will discuss China's "2007 IPR Action plan which documents initiatives planned in 2007 by a number of China's IP related agencies. This year's plan has over 276 measures."  Dr. Guohua's talk "will focus on "the major projects to be completed in this plan and points out areas of interest to foreign rightholders."  An English language version of China's IPR plan can be found here

Both events are free.  To register, you must send your contact information to ChinaIPR@mail.doc.gov and registration confirmation and dial-in/log-in instructions will follow.  Only a phone line and a computer with internet are required to participate.

Steve Dickinson To Speak On China In Portland, OR Tomorrow

Posted by Dan on May 8, 2007 at 06:06 AM

CLB's own Steve Dickinson will be speaking tomorrow, Wednesday, May 9, on "Shifts in CCP Political, Economic and Legal Policy." Steve will be speaking before the Northwest China Council's monthly meeting, from noon to 1:30 p.m. at Louie's Restaurant in downtown Portland, Oregon. The cost is $20 for NW China Council members, $30 for non-members, and $15 for students, and includes a quite good and quite ample lunch. 

For more information and to register online, click here.

More specifically, Steve's talk will focus on the following:

He will talk about the fundamental shifts in CCP political, economic and legal policy following the 5th plenary session of the 10th National People's Congress in March. Particular attention will be paid to the implications of the new Property Law (including its impact in rural China) and Unified Corporate Income Tax Law, which would tax foreign and domestic corporations at the same rate.

Enjoy.

ALERT: Steve Dickinson To Speak In Shanghai On China's New Property And Tax Laws: Wednesday, April 25 at 8:30 pm

Posted by Dan on April 23, 2007 at 09:45 PM

China Law Blog's own Steve Dickinson will be speaking on the "implications of [China's] new Property Law and new Unified Corporate Income Tax Law this Wednesday, April 25th, at 8:30 pm in Shanghai.   Steve has been spending the last few weeks (both of these only just came out and have yet to go into effect) intensely studying China's new Property Law both for a number of our clients involved in real estate development in China and for his upcoming San Francisco talk on this same topic. 

Steve's talk will be at 439 Wu Kang Road, in the Arch (whatever that means) which is near HuaiHai Road.  The nearest subway stop is Hengshan Road Station.  Steve's talk is being put on by SHARE (Sharing Analysis on Regional Economies) a non- profit group that "strives to better understand the complexities of local socio-economic issues through presentations, conferences and projects." 

The event will begin at 8:00 p.m., with Steve presenting at 8:30 p.m., followed by a Q&A session that is expected to go until "approximately" 10:00 p.m.  Questions, call (021) 6466-0807.

Steve Dickinson's China Television Debut Will Be Thursday at 7:30 pm

Posted by Dan on April 18, 2007 at 01:44 AM

It's official.  Steve's appearance on Dialogue discussing foreign IP in China will be airing this Thursday at 7:30 p.m., China time and then will likely repeat at 0:30am, 7:30am, and 1:00pm on Friday.

I spoke briefly today with Steve about the show and he said that he was on with Shi Yusheng, a "very impressive" patent litigator from King & Wood.  Steve reported being impressed by the questions asked and having greatly enjoyed the experience.

Real Estate Investments in China Seminar: SFO On May 3-4

Posted by Dan on April 10, 2007 at 10:51 AM

The American Conference Institute is hosting a two-day conference on "Real Estate Investments in China," from May 3-4, 2007 at the Mandarin Oriental San Francisco, in San Francisco, California.  Both CLB co-blogger Steve Dickinson and I will be speaking there and I would urge anyone with an interest in Chinese real estate to attend. 

Steve was scheduled to speak on the topic of "Developing a Business Entity in China" for real estate purposes, but with the recent passage of China's new Property Laws, Steve has prevailed upon the conference organizers to have him discuss the new laws.  The changes these new laws will bring to China are potentially huge and, as far as I know, this will be the first seminar in the U.S. at which they will be discussed.

The overall theme is "On-the-Ground-Perspective:  The Real Real Estate Opportunities for Foreign Investors in China" and the following issues will be covered:

  • Creative Strategies to Finance Your Real Estate Investment
  • An Expert's Perspective on the New REIT Regulations in China
  • Non-REIT Opportunities:  US Institutional Investment Vehicles
  • Evaluating the Opportunities and Mitigating the Risks when Developing Your Second-Tier City Investment Strategy
  • Investments in Chinese Real Estate-Legal Risks that "Due Diligence" Won't Cure
  • Exit Strategies--Getting Your Profits Out of China
  • Using ADR to Resolve Disputes with Chinese Business Entities

The list of speakers from the legal, real estate and financial worlds (present company excluded) is extremely strong and will include the following people speaking on real estate related issues:

  • Graham Earnshaw, Editor-in-Chief, Xinhua Finance News, speaking on "On-the-Ground Perspective:  The Real Real Estate Opportunities for Foreign Investors in China." 
  • Dr. Daniel W. Kwong, Chairman, Global Investment & Management Institute, Inc., will be providing the second day key note presentation.
  • Marshall P. Horowitz, Attorney with Dreier Stein & Kahan LLP, in Santa Monica, CA, speaking on Developing a Business Entity in China. 
  • Dr. Lou Jianbo, Co-Director, Center for Real Estate Law and Associate Professor of Law at Peking University, speaking on China's new REIT regulations. 
  • Michael Lam, Associate Director, Asia Pacific Cushman & Wakefield, Inc., speaking on real estate investing in China's second tier cities. 
  • Qiang Li, Attorney with L.A. based O'Melveny & Myers LLP, speaking on "Exit Strategies -- Getting Your Profits Out of China" and also on "Creative Strategies to Finance Your Real Estate Investment."
  • R.A.D. Morton III, Director, Asian Development Group LLC, speaking on real estate investments in China's second tier cities. 
  • Patrick A. Randolph, Jr., Co-Director, Peking University Center for Real Estate Law and Of Counsel with Kansas City based Blackwell Sanders Peper Martin, speaking on "Investments in Chinese Real Estate Legal Risks that Due Diligence Wont Cure."  Fang Shen, also an attorney at Blackwell Sanders, will be speaking on this as well.   
  • Stephen A. Roth, Chairman Emeritus at Secured Capital Corp., speaking on "Non-REIT Opportunities: U.S. Institutional Investment Vehicles." 
  • Paul L. Silverman, Director & CEO, Asian Development Group LLC, speaking on second tier city real estate.
  • Wenjie Sun, Attorney at Lehman, Lee & Xu, speaking on "Developing a Business Entity in China."
  • Alice Young, Attorney with Kaye Scholer LLP in New York.

I will be moderating a session on real estate in China's second tier cities, at which R.A.D Morton III, Paul Silverman and Michael Lam will be speaking.  The formal name of our session is "Evaluating the Opportunities and Mitigating the Risks when Developing Your Second-Tier City Investment Strategy." I have been working with these three on the program (with them doing the overwhelming bulk of the work) and I have seen enough to be able to assure you that this will interesting and highly informative session.  All three of these speakers clearly have an on the ground understanding of China's commercial real estate market and I too am very much looking forward to their talks. 

Both Steve (from Shanghai) and I (from Seattle) will be arriving SFO the day before the program and would welcome the opportunity to go out for lunch/dinner/coffee/drinks with our readers at some point while in SFO.  Those interested should please contact me by sending an e-mail to "firm at harrismoure.com." 

See y'all there.

DLA Piper Young Professional's Forum on Global Warming

Posted by Dan on February 24, 2007 at 06:00 AM

Earlier this month, DLA Piper's Beijing office put on its third Young Professional's Forum.  These forums are invitation-only events for Beijing professionals "to meet and socialise against the backdrop of a debate on current issues."  They are held every two months in Beijing and DLA Piper is planning to begin similar forums in Shanghai, Tokyo, Hong Kong, Bangkok and Singapore. 

I was invited to this event, and excited as I was in attending, I did not think I could justify the airfare from Seattle.  But, thanks to Edward Hillier's terrific write up on the event, I feel almost as though I was there.  Wishing to convey that same feeling to our readers, I am posting Mr. Hillier's write up here.   

Mr. Hillier is a Legal Assistant at DLA Piper's Beijing office. He studied law at University in England, did his LPC (England and Wales Law Society exams) and worked in law for about four years before coming to China. He came to China because he is interested in the country, after having spent some time in Hong Kong many years ago.  Mr. Hillier studied Mandarin in England before moving to China to engage in corporate language training. After almost two years of teaching in China, Mr. Hillier went to DLA Piper to get back to his original field of law. Mr. Hillier has been at DLA Piper for about eight months, where he engages mostly in paralegal work, writing articles, some Business Development work, and some English editing.

DLA Piper's February forum was a panel debate on Global Warming, led by DLA Piper's Beijing office's managing partner, Jingzhou Tao. There was an excellent turn out from the business community, the environmental community and the media.

The panelists were:

Pan Jiahua

Director of the Research Center for Sustainable Development in Beijing and member of the Chinese Academy of Social Sciences, Pan Jiahua has written around 150 articles in academic journals on climate change. He received his PhD from Cambridge University in 1992 and has since worked for the United Nations Development Programme Beijing Office as Senior Programme Officer and as an advisor on environmental and development and for the Intergovernmental Panel on Climate Change.  His recent research projects include Clean Development Mechanism policy in China, human development with low emissions as a scenario of post-Kyoto, emissions demands for development goals in China, and South-North Dialogue on Equity in the Greenhouse.

Ma Jun

In 2006, Time Magazine named Ma Jun as one of the world's 100 most influential people and Ma is probably China's most famous environmentalist.  After working as a researcher for the South China Morning Post, he was the Chief Representative of SCMP.com in Beijing from 1999-2002, focusing on environmental issues.  In 1999, Ma wrote China's first major book on China's environment, entitled, "China's Water Crisis."  He served as environmental consultant for the Sinosphere Corporation until 2004, when he was selected as a Yale World Fellow. He currently directs the Institute of Public and Environmental Affairs.

John Shi

As Managing Director of Arreon Carbon, John effectively trades air. Carbon trading is a Kyoto government/market hybrid to incentivise companies to efficiently reduce global emission of greenhouse gases. Under Kyoto, countries commit to cap their greenhouse gas emissions. Carbon credits are traded on the free market, enabling companies that can clean up cheaply to do so and then to sell their credits on to those with higher clean up costs.  This could make Arreon a key Kyoto East/West facilitator.

THE DEBATE

The evening began with an introduction from Mr. Tao, who set the tone by talking about the beautiful village in Anhui Province where he grew up.  The village was situated at the confluence of four rivers, and Mr. Tao told of how, as a boy, he had nearly drowned when his childhood friends had thrown him in one of the rivers, not knowing he could not swim. He left the village at the age of ten, not to return until last year, more than thirty years later.  Upon his return, he was heartbroken to discover that of the four rivers he remembered from his childhood, only one still existed.  The other three rivers had been built on and the one remaining river was so full of plastic bags and rubbish he could not even see the surface of the water.

Having graphically made the point that environmental concerns are everybody's responsibility in the here-and-now, Mr. Tao went on to ask the panellists to introduce themselves:

Pan Jiahua gave the background to the Kyoto protocol, and explained that as a developing nation, China does not want to make any firm commitments.  He made the point that by 2008, per capita carbon emissions in China will be above the world average.

Ma Jun stated that 2006 was a turning point in the world's attitude towards global warming, as there is now widely accepted evidence that global warming is almost certainly due to greenhouse gas emissions. He also explained that global warming will change China's precipitation patterns, leaving some areas with water shortages.  He finished by giving a message to the international community:  China will take its environmental responsibilities seriously, but international treatment of China must be fair.  The developed world discharged 70% of the unnatural CO2 in the environment in the last 200 years.  However, the Kyoto agreement was correct in that this is everyone's responsibility.  China's own environmental problems should not be overlooked, and China deserves more international support.

John Shi stated he hoped to represent the Carbon business, explain the Clean Development Mechanism (CDM), and in particular de-bunk some of the myths that have been propagated, as for example in the article "China Cashes in on Global Warming."

Mr. Tao then began the debate by asking the first question:

What can we do on an individual level to combat global warming?

Pan Jiahua:  Everyone should consume moderately.

Ma Jun:  The focus should be on large corporations to set the example.

John Shi:  We should all take the time to educate ourselves about the facts, and then do what has the most impact to change the prevailing view of the media and the government.

The debate was then thrown open to the floor.

Steve Andrews, National Resources Defense Council:

How does the CDM relate to projects under constructions, as opposed to projects to reduce emissions on installations already in operation?

John Shi:  The CDM is a mechanism to fight climate change, by incentivising clean investments.  It will therefore encourage the market to drive cleaner development, which will create a permanent effect.

Pan Jiahua:  China builds new coal power stations with a capacity equal to that of the UK every year, which is worrying.  However, the new stations are much more efficient.

Jorg Hohn, German Centre

In China, most CDM projects focus on power generation, but in many countries they focus on transport.  Does the panel know of any CDM transport projects in China?

John Shi: Every CDM project goes through a strict approval process through the UN, and so far there is no approval channel for transport projects in China. Also, CDM credits need to be monitored, and this is difficult in the transport and construction sectors, for example.

Manny Rumbos, Mega Media Works

Carbon Trading seems reactive, not proactive.  In economic terms, it is a macro-economic solution, not a micro-economic solution. At the big picture level, what is being done?

John Shi:  We are reactive.  Global warming is already a fact.  But, the flexible mechanism under Kyoto is both macro- and micro-.  Cap and trade systems have been shown to be effective in the US, and the technological aspect will allow free enterprise to find a solution.

Mark Dembitz, Sindicatum Carbon Capital

The Kyoto agreement expires in 2012.  What a) will happen afterwards, and b) what should happen afterwards?

Pan Jiahua:  Post Kyoto, there will be a basket of agreements.  There should be a continuation, but that will prove more difficult.

Ma Jun:  That will depend on what happens between China and the U.S.  Bush has made his views clear, so let's hope there is a new president.  CDM should be combined with local efforts.  China's efforts should be recognized, but it needs to change its growth model -- at present it uses 50% of the world's cement every year, and burns 31% of the world's coal.

John Shi:  The point about the China - US axis is correct.  An Economic survey said recently that many in the US felt the US should take the moral lead.  There are several arguments for this; though China has only been burning fossil fuels for a few decades, China did have the chance to develop, but didn't.  When a house is on fire, no one argues about who stared the fire, people just put it out.  No one criticizes Halliberton for benefiting from the war in Iraq.  China has a moral obligation to be part of the solution, because we all share the same future.

Stephanie Tseng, BANCOMEXT, Beijing

I recently read that a double-digit percentage of Americans do not know what 'greenhouse gas' means.  How many people in China know?

Ma Jun:  There was a recent survey by the All China Environment Protection Organization, which showed that the Chinese people's number one environmental concern is food safety, followed by water pollution, followed by air pollution.  Global warming was in the top ten.  Remember, 300 million rural Chinese do not have safe drinking water.

Mark Pinner, UK

Everyone knows about global warming, but not many know that fossil fuels will run out.

Ma Jun:  To change the growth model is challenging.  There is a growing consensus in China, as can be seen from the 'harmonious society' campaign, that man and nature should not be in conflict.  It is happening, both from the top down and the bottom up.  The biggest problem is weak enforcement.  In 2003 there was the first example of a law which required public participation.  Transparency is the first step, which means identifying polluters and telling the public.

Daniel Foa, Nortel, UK

The petrol prices in the UK, US and China are all different.  Why can't driver-consumers be charged for the cost of keeping carbon emissions down?  Why can't there be incentives for new 'green' car designs in China as in Japan, which could also create a new industry in China?

Pan Jiahua:  The impact of price increases is minimal.  It is also not that easy to introduce new concepts and models in the marketplace.

Ma Jun:  This issue is slightly more complicated than it looks.  What we need is transparency, accountability, the rule of law.

Elizabeth Aab, Banker, China

China is morally obliged to assist.  It is important for every country to collaborate and support each other, and it isn't useful to criticize or blame.  Some western countries export rubbish to China.

Ma Jun:  It is up to the Chinese to man their own fences.  Some companies are good corporate citizens, except in China.

Qi Wen, South China Morning Post, Hong Kong

Could you clarify the misunderstandings about HFC?  Is production of this refrigerant being encouraged when it will be banned in the US?

John Shi:  The Chinese government has approved 250 projects reducing carbon emissions. Fewer than 10 are HFC destruction projects, which account for 30% of [greenhouse gas] emissions.  All the qualified HFC destruction plants have been built and sold, and there are no indications that because of the CDM, new plans are being made.

FINAL COMMENT

Tao: It has been said that all of China's FOREX reserves would not be enough to cover the cost of cleaning up China's environment.  Likewise, all the time we have tonight is not enough to discuss this topic.

Two Faces For China FDI -- London, England, On March 2

Posted by Dan on February 15, 2007 at 07:47 AM

The London School of Economics' China Development Society is putting on a speech by Jeremy Gordon, on Friday, March 2, at 20 Kingsway, room G108, in London, England. Jeremy is the CEO of China Business Services and the force behind the China Business Blog

Jeremy will be speaking on the "fundamental re-evaluation by Beijing of the role of foreign investment (and "malicious acquisitions") in China," touching on M&A, taxes, unionization, and corporate social responsibility (CSR).  I both know Jeremy and have worked with him and I can vouch for his truly knowing China and I have no doubt he will give a bloody good speech.  For more information, click here.

Wilbur K. Woo Greater China Business Conference, Los Angeles, February 1-2, 2007

Posted by Dan on January 31, 2007 at 04:08 PM

The University of California, Los Angeles' (UCLA) Anderson School of Management is hosting the Woo Greater China Business Conference on its campus on February 1-2, 2007.  The conference will "bring business leaders, professionals, academics, and students together to discuss business trends, challenges, and impacts of the increasing role of Greater China in the global economy."

Panel discussions will feature a variety of industry experts discussing upply chain integration, human capital management and other industry trends:

  • Building for the Future:  The real estate nexus of China and the US
  • Playing to Win:  The challenges and opportunities of the sports and entertainment industries
  • It Makes the World Go 'Round:  Banking, venture capital and private equity in Greater China
  • Turning It On:  Media, technology, and innovation
  • Building a China-related Career:  Workshop for MBAs

The Conference will feature a huge and impressive array of speakers:

  • Mr. Leo Abruzzese, Editorial Director, North America & Financial Services Director, Economist Intelligence Unit
  • Dr. Robert Lawrence Kuhn, Senior Advisor, Citigroup; Senior Partner, IMG China, Author, The Many Who Changed China:  The Life and Legacy of Jiang Zemin
  • Ms. Mary Ma, Senior Vice President, Chief Financial Officer, and Director, Lenovo
  • Mr. Qun Wang, Vice Chairman and Chief Executive Officer, Pearl River Investment
  • Mr. Dunson K. Cheng, Chairman, President and Chief Executive Officer, Cathay General Bancorp
  • Dean Judy D. Olian, Dean and John E. Anderson Chair in Management, UCLA Anderson School of Management
  • Dr. Alfred Osborne Jr., Senior Associate Dean and Associate Professor of Global Economics & Management, Harold Price Center for Entrepreneurial Studies, UCLA Anderson School of Management
  • Professor James Tong, Associate Professor, Political Science, University of California, Los Angeles
  • Ms. Gigi Johnson, President, Maremel Ventures
  • Mr. N. Mark Lam, Chairman and Chief Executive Officer, Live365
  • Mr. Gang Mai, Chief Executive Officer, VenturesLab Inc.
  • Ms. Victoria Wu, Chief Operating Officer, Venture Media Inc.
  • Mr. Robert Foster, Adjunct Professor, UCLA Anderson School of Management
  • Mr. William Grabe, Managing Director, General Atlantic, LLC
  • Dr. Donald Straszheim, Vice Chairman, Roth Capital Partners
  • Mr. Michael Berchtold, Private Investor (formerly Vice Chairman of Investment Banking, Morgan Stanley)
  • Mr. Bill Seto, Partner, Ernst & Young
  • Mr. Mitch Kupchak, General Manager, Los Angeles Lakers
  • Mr. Chris Renner, President, Helios China
  • Mr. Haiwei Wang, Deputy Producer, Beijing Olympic Broadcasting
  • Mr. Rick Welts, President & Chief Operating Officer, Phoenix Suns
  • Mr. Barry Stavro, Assistant Sports Editor, Los Angeles Times
  • Mr. Adam Lazar, Managing Partner, Silver Age International
  • Mr. John Long, Chief Executive Officer, Highridge Partners
  • Mr. Leland Sun, Chief Executive Officer, Pan Asian Mortgage Company
  • Mr. Eric Sussman, Lecturer, Accounting & Real Estate, UCLA Anderson School of Management, President, Amber Capital, Inc.
  • Mr. Brent Jacobsen, Director of Business Development, Johnson & Johnson Advanced Sterilization Products
  • Mr. Haibin (Harry) Song, PRC Staffing Manager, Intel China Ltd.
  • Mr. Larry Wang, Founder, CEO & Executive Management Coach & Trainer, Wang & Li Asia Resources; Author, Know the Game, Play the Game

For more information and to register, click here

February 8 Webinar On China IP Litigation

Posted by Dan on January 26, 2007 at 03:46 PM

The U.S. Department of Commerce (Office of China Economic Area) will be putting on a Webinar on Civil IP Litigation in China (h/t to Chinese Law Prof Blog)  The Webinar will be on February 8, 2007, from 2:00 p.m. to 3:00 p.m., EST.  The Department of Commerce has a history of putting on excellent China programs and they have the added benefit of being completely free. 

The speakers will be James V. Feinerman, Professor and Co-Director, Asian Law and Policy Studies Program at Georgetown University Law Center, Bill Huo, an Attorney with New York mega-firm Kramer Levin, and Elaine Gin, an Attorney-Advisor at the U.S. Patent and Trademark Office .  The webinar is described as "a discussion on Chinas latest legislative developments, an overview of civil litigation in China and best practices for resolving IP [intellectual property] disputes in Chinas civil courts."

For registration information, click here and go to the bottom of the page. 

PBS's China From The Inside: For Adults Only

Posted by Dan on January 11, 2007 at 10:29 AM

I watched the first episode of PBS's "China From the Inside" last night. 

I watched it with my 9 year old daughter who loves learning about foreign countries.  Every ten minutes or so, she would ask about putting in a Gilmore Girls DVD.  That made my viewing it more difficult and so if I missed something important here, I apologize. 

I was not bored, but I certainly understand why my daughter was. Unlike the last few big China television series I had watched with her, this one (at least its first episode) did not have great music, did not have countless shots of awe inspiring scenery, and did not take really take us into the lives of any individual characters.  I remember watching one of these shows last year with my daughter and she kept wanting to know who I wanted to win a small Chinese town's mayoral election.  There was the same sort of election in last night's show, but my daughter never asked because we were not told enough about the candidates to care one way or the other. 

So as a grand television event, it isn't.  But, it is a surprisingly insightful and meaty analysis of China and I found it very well done and very interesting. 

There were plenty of interviews, mostly on Chinese policy and direction. Some were downright fascinating. 

A high level Communist Party official in Xijiang talked about having believed in Islam and then he joined the Party and stopped.  He went on to say that all who join the party stop believing in religion.  Another Party official compared described the Party as the "mother to all the people of the country." Many Party officials talked of how its current aim is to make China "a prosperous society. 

Two different party officials were followed on their rounds exhorting their populace to do better.  "Straighten up that display," one of the officials told a storekeeper.  "Water that Juniper," another official told a resident.  In places like Shanghai, it is easy to forget how pervasive the Party still is in China.

Another official talked about what is meant by the Party's new goal of creating a harmonious society: "everyone is happy and comfortable."

Professor Kang Xiaoguang of the Chinese Academy of Social Sciences spoke bluntly about today's China.  He said China is ruled by an alliance between the authoritarian powers in the government and the financial elites and, together, they are "robbing" the masses."  The way things are now in China, you can completely "ignore the peasants."  He dismissed China's local elections as just another means for the Communist power to maintain its powers.  The elections allow the people to vent, without really giving them any say at all. 

I will be back soon with episode II, sans my daughter. 

China From The Inside: PBS Documentary Starting January 10

Posted by Dan on January 1, 2007 at 06:37 PM

U.S. public television (PBS) will be airing a four-part documentary beginning on Wednesday, January 10, entitled "China from the Inside" (h/t to TV Squad Blog).   According to the TV Squad Blog, it will delve into both China's history and its current political landscape and will, among other things, examine China's treatment of women, its problems with air and water pollution, religion in China, and the government's slow response to the AIDS epidemic.  The documentary's four parts will consist of the following:

  • "Power and the People"
  • "Women of the Country"
  • "Shifting Nature"
  • "Freedom and Justice"

PBS has a website here on the show, but it the site is not fully launching until tomorrow.  The rump website does already boast, however, that "through exceptional access to institutions, government officials, and ordinary people, China from the Inside brings the complexity of contemporary China to the living rooms of Americans."  The website touts that tomorrow's website will "offer a deeper understanding of the political, economic, environmental, and social issues facing China" and will allow its visitors to engage in the following:

  • Read projections on China's environmental future and what it will mean
  • Learn about China's AIDS epidemic and the Chinese government's slow response to it
  • Delve into an interactive map
  • View a gallery of women activists
  • Join in provocative discussions about China's future
  • Find out how much you know with a China versus the United States quiz
  • Discover the difficulties of filming in China in an "off camera" interview with the filmmaker
  • Download unique, standards-based content for grades 10-12

San Francisco PBS station, KQED, is one of the co-producers of the show (along with Granada Television) and it will be putting on a free preview screening on January 9, at 6 pm at KQED.  This screening is being sponsored by KQED, The Chinese Historical Society of America, the Chinese Culture Center, the City Club of San Francisco, and the Commonwealth Club of California.  For more information on this screening, click here.

I hope the show lives up to its hype.  I will be Tivo'ing it and reporting back. 

Have a Great Hanukkah, Christmas, Kwanzaa, Festivus And Winter Solstice

Posted by Dan on December 24, 2006 at 11:58 AM

Happy Hanukkah/Chanukah/Hanukah (just over).   

Happy Festivus (also just over).Festivus

Merry Christmas (about to be).Christmas

Have a great Kwanza/Kwanzaa (about to be).

Have a joyeus Eid ul-Adha (soon to be)

Oh, yeah, have a great winter solstice too.

ENJOY!

January 24, 2007, U.S. China Business Conference In Washington D.C.

Posted by Dan on December 19, 2006 at 01:34 AM

George Mason University's Business Alliance will be putting on a U.S. -China Business conference on January 24, 2007, at the Ronald Reagan Building and International Trade Center in Washington, D.C.

The Chinese Government's National Development and Reform Commission (NDRC), the State Development Investment Company (SDIC), the U.S. Department of Commerce's International Trade Administration (ITA), and George Mason University will be participating along with  "business leaders from 14 Chinese provinces representing the financial; mining and minerals; information technology; telecommunications; biotechnology; energy; automotive; textile, and steel sectors" will also be on hand. 

The conference will include a networking breakfast with a welcome from George Mason University President Alan Merten and remarks by U.S. Commerce Under Secretary Frank Lavin and NDRC Vice Chairman Ou Xinqian and "breakout sessions on banking and risk management; compliance issues; investment criteria; protecting intellectual property; shipping, logistics and documentation; investment strategies; business incubators and accelerators; opportunities for small businesses in China, and the role of venture capital."

It appears this conference will focus on SMEs (small and medium sized enterprises) interested in China. 

China RoHS: What You Must Do By March 1, 2007

Posted by Dan on December 1, 2006 at 06:05 AM

Symphony Consulting, Inc., "a manufacturing outsourcing and supply chain consulting firm that helps original equipment manufacturers and their supply chain managers" is putting on an online workshop on Thursday, December 7, 2006 from 8:00 - 9:30 am PST entitled "China RoHS Update:  What you must do by March 1, 2007."    RoHS involves restrictions on using certain hazardous substances (typically lead, lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyl (PBB) and polybrominated diphenyl ether (PBDE) flame retardants.in electrical and electronic equipment. 

The workshop will address three fundamental questions:

  • What is China RoHS and how is it different from EU RoHS?
  • What are the requirements that will go into effect on March 1, 2007?
  • What keys steps should you take between now and then?

According to Symphony, though China RoHS has some similarities with its EU counterpart, it is different enough to "warrant a distinct, focused approach." 

Workshop participants will learn:

  • How to compare the EU and China RoHS;
  • How to understand and meet the product marking requirements for the March 1st deadline;
  • How to identify which products are within the scope of the China RoHS;
  • What the next phase of China RoHS implementation is anticipated to look like.

Bijan Dastmalchi, President and Co-founder of Symphony Consulting, Inc., will be the instructer. Mr. Dastmalchi has 15 years "of experience outsourcing, strategic procurement, supply chain, and materials management, with comprehensive experience with managing EMS relationships" and an BS in Mechanical Engineering from the University of California, Berkeley, and an MBA from Santa Clara University

For more information and registration instructions, click here

The Chinese Mindset -- Judge For Yourself

Posted by Dan on November 21, 2006 at 07:15 AM

I have written a few posts (here, here, and here) on Janet Carmosky's speech on the "Chinese Mindset" at the recently completed China Forum.  These posts generated a slew of comments and interest in the blogosphere:

  1. The Useless  Tree, "Chinese Characteristics.
  2. China Hearsay, "Weighing in On the Chinese Mindset."
  3. The Shanghaiist, "Extra, Extra."
  4. The Peking Duck, "The Chinese Mindset."
  5. Far East Cynic, "The Irony..."
  6. Cal Poly MBA Trip, "Culture and the 'Chinese Mindset.'"

Many have rightfully questioned exactly what Ms. Carmosky said and you need question that no more.  The good people at Plastics News (who did a truly excellent job of putting on the China Forum) have now put Ms. Carmosky's entire speech online and it can be heard here.

I urge you to give Ms. Carmosky a full listen.

China Forum -- Steve Ganster On Being China Ready

Posted by Dan on November 15, 2006 at 07:58 AM

Steve Ganster of Technomic Asia spoke on becoming China Ready.  Technomic Asia "supports SMBs [small and medium businesses] to accurately and efficiently assess their Asia opportunities and then crafts a strategy to exploit them."   Mr. Ganster is the author of "The China Ready Company," of which I have heard nothing but good things.  Mr. Ganster was kind enough to give me a copy of his book, which I will eventually read and describe. 

I was hugely impressed with Mr. Ganster, who clearly knows business, clearly knows China, and clearly knows what it usually takes for a business to succeed in China.  Mr. Ganster won me over by beginning his talk with the Yogi Berra quote that "you have to be very careful about where you are going because you might not get there." 

Mr. Ganster discussed how with all the good resources on and experienced China consultants, there is no excuse for going into China naively.  He talked extensively on how to determine if your company is ready to go into China.  He said American companies commonly overestimate their market in China.  He also talked about how one should make sure to retain control over one's China operations by being sure to retain control over all key management functions. 

Mr. Ganster's Powerpoint presentation will soon be going online and when it does, I will add it here.  If you are thinking of going into China, I strongly recommend you read it. 

Update:  Here is Mr. Ganster's Powerpoint.  

China Forum -- Janet Carmosky On The Chinese Mindset

Posted by Dan on November 15, 2006 at 07:07 AM

Janet Carmosky of China Prospects has been "doing China" since 1985 and she has lived in China for the bulk of the last twenty years, most of which time she was married to a Chinese businessperson.  Her Chinese (according to co-blogger, Steve Dickinson) is incredible.  She knows China.

To grossly summarize her talk, it was as follows:

  1. Americans think the Chinese lie and steal.
  2. China's morality is not the same as ours.  Ours is based on Judeo-Christian values.  China's is not.
  3. Key to dealing with China is to get into a network.  Real Guanxi.
  4. Chinese mindset is the following:
    • Tomorrow never comes.  When it does, you can start all over anyway.
    • Never tell anyone what you are doing unless you know what will be done with that information.
    • Take the opportunity, even if that means breaking a contract.
    • Nobody operates independently.   Survival depends on a network.
    • Do not trust anyone and respect only those in your network.
    • Teamwork and transparency are a drain on the system.

Ms. Carmosky also spoke a bit on the foreign companies that first went into China:  Coca Cola, Eastman Kodak, AIG and Johnson & Johnson and how they managed to achieve what they have in China.

As regular readers know, I generally do not place high value on cultural analysis for business and though Ms. Carmosky clearly knows her stuff, I am not convinced her speech contributes towards doing business in China.  Assuming everything she says to be true, how does that impact your business?  As a lawyer, I can say it should not. 

As Ronald Reagan used to say,"trust, but verify."  This is as true in the United States as China.  No matter how much you trust the people with whom you are dealing, there will always be times when a contract is necessary.  No matter what the tendencies of your Chinese employees may be to "lie and steal," you must make clear that such actions by your employees (particularly if it comes to paying bribes and receiving kickbacks) simply will not be tolerated and will lead to immediate firing.

I also take issue with Ms. Carmosky's calling for Westerners to get into a Chinese network as I think that is nearly impossible to achieve.  I also think that Westerners who actually believe they are in a Chinese network are, almost without exception, operating under a potentially dangerous illusion.  Steve Dickinson of my firm has been involved with China for around thirty years.  His Mandarin is so good that Chinese often refuse to believe he is an American; they think he is from one of China's more exotic provinces.  Yet Steve will readily admit he is not in any networks and will say he never will be.  As he puts it: "How can I compete with people who are from the same hometown, have the same uncle, went to the same high school, the same college, have the same culture?  I can't." 

This is not to say that Westerners doing business in China should not strive to achieve strong and long lasting relationships with those whom they deal, because they most emphatically should do this.  But at the same time, do not lose sight of the fact that you will always be an outsider.   

China Forum 2006 -- The Cab Ride Over And The Introduction

Posted by Dan on November 14, 2006 at 02:16 PM

My cab driver on the taxi ride over to the conference asked me, "how's business?"  I answered, "really good, but you probably don't want to hear about it, because my business involves China."  I said this because I had heard so much about how the Midwest is against globalization in general, and China, in particular.  His response was, "I don't care, they aren't going to get my job.  And, there is almost no unemployment in this area anyway, so I don't know whose job they are getting.  I just know they save me money at Wal-Mart." 

Robert Grace, the Editor/Associate Publisher of Plastics News and the director of this forum, led it off with the introduction, by noting the large number of letters his publication receives from manufacturers angered by positive coverage of China and by this conference itself.  Grace's response is that going to China is not going to lead to the downfall of United States manufacturing and China has to be seen at least as much for its opportunities as for its threats. 

China is a net importer of plastic resins to the tune of $29.4 billion a year and a net importer of plastics machinery by $2.2 billion a year.  This is opportunity.

A copy of Mr. Grace's Powerpoint presentation can be found here.

Live Blogging From The China Forum

Posted by Dan on November 14, 2006 at 08:28 AM

Beginning at about 1 pm PST/3pm EST today, I will be live blogging from the China Forum: Navigating China's Business Landscape, taking place today and tomorrow in Chicago.  I met with many of the speakers at dinner last night and that only confirmed for me that this is going to be an exceptionally worthwhile event.

Stay tuned

China Forum On The "Secrets of Doing Business in Today's China" -- December 8 In Chicago

Posted by Dan on November 4, 2006 at 11:13 PM

The American Management Association is hosting a conference on December 8, 2006 at the Marriott O'Hare in Chicago, entitled China Forum: Learn the Secrets of Doing Business in Today's China.    This one-day event will host several well-regarded speakers presenting on China business, including:

I would love to hear from anyone who attends.

Legal & Financial Strategies For Doing Business In China Seminar -- New York, November 6-7

Posted by Dan on November 2, 2006 at 05:45 AM

ATLAS Information Group is hosting a two-day seminar on legal and financial strategies for doing business in China on November 6 & 7, 2006 at the New York Helmsley Hotel, 212 East 42nd Street, New York.

The seminar will cover the following:

  • Understanding the Chinese Legal and Regulatory Systems:  Latest Developments
  • Steps & Issues in Setting Up a China Operation
  • Sourcing Prodcuts from China - Practical Supply Chain Issues
  • Latest Developments in Employment and Labor Law in China
  • Hot Tax Issues in China
  • Real Estate Development in China - Perspectives from Business and Legal Professionals
  • Financing Operations, FX and Moving Captial into or out of China
  • Protection of Intellecutal Property
  • Mergers, Acquisitions, Joint Ventures and Strategic Alliances
  • Trade and Regulatory Developments
  • Cultural Issues in Doing Business in China
  • Commerical Dispute Resolution
  • Issues Involving Energy and the Enviornment

Some of the guest speakers at the event will include:

Based on the speakers whom I know or am aware, I am betting this will be an excellent event. 

The Latest On Trademark Protection In China -- Webinar on November 9

Posted by Dan on October 31, 2006 at 05:15 PM

On November 9, 2006, from 2:00 pm to 3:30 pm EST (USA), The U.S. Department of Commerce, Office of China Economic Area, will be putting on a webinar, entitled, "The Latest on Trademark Protection in China."  The program is free, though preregistration is required. 

I have attended Department of Commerce events on China and they tend to be quite good.  This webinar is described as a "discussion of China's Proposed Revisions to Trademark Law, Best Practices for Managing International Trademark Portfolios, Starbucks' Trademark Protection Strategies for China." 

The China Trade Law Report recently published my article, entitled, "China's Trademark Laws -- Simple and Effective," extolling the necessity of registering and protecting one's trademarks in China.  I am of the view that China trademark registrations can be quite effective and I would think this webinar will prove helpful to companies seeking to learn more about China's trademarking process. 

China Business Forum 2006 -- Chicago, Illinois, November 14-15

Posted by Dan on October 24, 2006 at 01:44 PM

China Law Blog's own Steve Dickinson will be speaking at the China Forum on Tuesday, November 14, 2006, at the Wyndham O'Hare, just outside Chicago, Illinois, in what is shaping up to be an excellent conference on "Navigating China's Business Landscape."

The first day's speakers and their topics are as follows:

The first day will conclude with a "Strategy Roundtable Discussion and Q&A," moderated by Ms. Carmosky, and a networking reception.

The second day's China speakers and their topics are as follows:

  • Frank T. Gallo of Calypso Consulting Inc. and Hewitt Associates LLC, on "Managing Motivating & Developing Employees in China."
  • Ann Liotta of Nypro Inc., on "Real-World Practices for Building an Effective Organization in China."
  • Peter Shelton & Yanping Wang of Benesch Friedlander Coplan & Aronoff, on "From the Front Lines:  Latest on Due Diligence & Intellectual Property Rights."
  • Shafique Janmohamed of United Plastics Group Inc., on "Tips for Managing a Global Supply Chain."
  • Jay Woerner of Milacron Inc., on "Launching Manufacturing in China -- Comparisions with India."
  • Frances Moore-Jones of Townsend Polymer Services & Information, on "Resin Buying in China -- Opening the Door to Opportunity."
  • Xinyu Frank Zhao of Chemical Market Resources Inc., on "Impact of Government Policies on China's Resin Markets."

The second day will also have an HR roundtable discussion moderated by Ms. Carmosky, a roundtable discussion and Q&A moderated by Frank Esposito of Plastics News, and then a conclusion roundtable and Q&A, moderated by Ms. Carmosky and Mr. Grace.

I am planning on attending and I look forward to meeting any readers who go. 

Rethinking Corruption Seminar In Sacramento, CA, And By Webcast, On October 27th

Posted by Dan on October 23, 2006 at 09:59 PM

Corruption in China is obviously an important issue and The University of the Pacific -- McGeorge School of Law is putting on what looks to be a top-flight seminar on corruption (h/t to The Black China Hand and to The White Collar Crime Prof Blog).  The seminar is called, "Rethinking Corruption: An Interdisciplinary Look at a Fundamental Problem," and it will run all day on Friday, October 27th at University of the Pacific McGeorge School of Law, Center for Global Business and Development, 3200 Fifth Avenue, Sacramento, CA 95817.

The program will focus on the following:

Does corruption matter in today's globalized economy?  Or has it been overtaken by money laundering and terrorism as the central focus of international business regulation?  Did it ever matter?  Do current regulatory responses deter or contain corruption?  Are enforcement and compliance actions effective in impeding corruption?  The leaders in international economic development theory, international business regulation, and transnational corporate practice will offer thoughts and rethought on the impact of corruption on development, contemporary national and multilateral responses, the current state of play - and concrete recommendations for effective deterrence.

Dr. Salam Fayyad, Former Palestinian Minister of Finance, will be the keynote speaker.  Now before you laugh at the idea the keynote speaker is coming from what is probably one of the most corrupt and financially inept organizations in history, I will note that Dr. Fayyad is a highly respected reformer who is widely credited with having begun the process (since terminated) of bringing respectability to Palestinian finances.

Other presenters include the following:

Based on China's importance, China's problems with corruption, and on those who will be there presenting, I have no doubt China will come up early and often at this event. 

China Agriculture -- Montana Lecture

Posted by Dan on October 18, 2006 at 07:53 PM

On November 3, in beautiful Bozeman, Montana, Scott Rozelle will be lecturing on how China's economic changes may affect Montana. 

Rozelle's lecture is entitled "Demystifying the Mysteries of China: Towards an Understanding of the Wrenching Changes that are Transforming China and How They Will Affect Montana."  Rozelle is the Helen Farnsworth Endowed Professor at Stanford University and is senior fellow and professor in the Shorenstein Asia-Pacific Research Center, Freeman Spogli Institute of International Studies. Rozelle is also chairman of the International Advisory Board of the Center for Chinese Agricultural Policy; a co-director of the Agricultural Issues Center at the University of California; and a member of Stanford's new Food, Security and the Environment Program. 

"Dr. Rozelle's research focuses almost exclusively on China and is concerned with three general themes: a) agricultural policy, including the supply, demand, and trade in agricultural projects; b) the emergence and evolution of markets and other economic institutions in the transition process and their implications for equity and efficiency; and c) the economics of poverty and inequality."

For more information on this lecture, go here

Powering China's Growth With HR Talent

Posted by Dan on October 17, 2006 at 03:44 AM

The Conference Board, CCH/Walter Kluwer, the Center for Creative Leadership, Hong Kong Institute for Human Resources Management, and Asia Monitor are putting on what looks to be an excellent conference on managing human resources in China.  The conference will take place on November 16, 2006, at the Shanghai JW Marriott at Tomorrow Square from 8:30 am to 5:30 pm. Go here for more information.

Topics to be discussed:

  • Leveraging global organizational competence with China's competitive edge and talent
  • Integrating China with the Global Business
  • Aligning organizational capabilities with growth plans
  • Ensuring business growth does not outstrip organizational capability
  • The Demographic Challenge
  • China's Scientific Excellence -- Leading R&D in China
  • Organization values and culture -- Employee Value Propositions

Scheduled Speakers include:

Conference attendees also have the option of participating in a pre-conference workshop entitled, "Developing Tomorrow's Leaders in China: How Do You and Your Organization Compare?"  to take place on November 15, 2006.

World Shipping Forum: China

Posted by Dan on October 7, 2006 at 04:38 PM

In response to my recent post on logistics in China, a couple people wrote me mentioning the upcoming World Shipping Summit 2006 in China.  It will take place at the Wuzhou Guest House in Shenzen on November 2nd and 3rd.  The official website for the Summit describes it as follows:

Centered around the topic of "Mangaging China," the Summit will focus on the changing pattern of world trade and shipping, especially the development of BRICs -Brazil, Russia, India and China and their effects on the world shipping industry, and discuss the strategies to manage such changes.  With the development of BRICs, especially China, the shipping market changed dramatically.  How could the continued growth in the BRICs affect the world shipping industry?  How could we understand and manage the changes?  And how could we achieve success in the competitive market?

Conference themes will include:  Change Pattern: Trade & Shipping, Top Views on Managing Change, Ports & Shipping, Financing Shipping, Liner Shipping & Logistics, Bulk Shipping and Ship Management & Seafarer.

The conference will address all of the major shipping market sectors, with an international panel of expert speakers (a veritable international shipping who's who) including:

  • Mr. Li Shenglin, Minister, Ministry of Communications of P.R. China
  • Mr. Xu Zongheng, Mayor of Shenzhen
  • Mr. Zhang Guanqin, President, China Association of the National Shipbuilding Industry (CANSI)
  • Mr. Li Kejun, Chairman of the International Association of Classification Societies (IACS), President of China Classification Society (CCS)
  • Mr. Alberto Aleman Zubieta, Administrator, Panama Canal Authority (ACP)
  • Mr. Tokinao Hojo, Deputy Chairman, Mitsui O.S.K. Lines (MOL)
  • Mr. June-suk Choo, President of Busan Port
  • Mr. Baron Leo Delwaide, President, Antwerp Port Authority
  • Mr. Takao Kusakari, Chairman, Nippon Yusen Kabushiki Kaisha (NYK Line)
  • Mr. Hiroyuki Maekawa, President, Kawasaki Kisen Kaisha Ltd.(K-Line) 
  • Mr. Tommy Thomsen, A.P.Moller - Maersk Group, Chairman of A.P.Moller Terminal
  • Mr. Wong-Hsiu,Huang, Chairman of Yang Ming Marine Transport Corp
  • Mr. JW Park, President, Hanjin Shipping
  • Mr. Sanjay Mehta, Managing Director/CEO, Essar Shipping Ltd. (ESL)
  • Mr. Huang Xiaowen, Managing Director, China Shipping Container Lines Company Limited (COSCO)
  • Mr. Li Shaode, Chairman and president of China Shipping Group 
  • Mr. Zhao Huxiang, President of SINOTRANS Group
  • Mr. David O'Rear, Chief Economist at the HK Chamber of Commerce
  • Mr. Nicolas Papadakis, Chairman of Intercargo
  • Mr. Stephen A. Van Dyck, Chairman, Intertanko 
  • Mr. Carsten Melchiors, Secretary General, BIMCO 
  • Mr. John Lanigan, Executive Vice President, BNSF 
  • Mr. Zheng Jingsheng, President, Yantian Port Corporation 
  • Mr. Tom Simmers, President and CEO, Ceres Terminals
  • Mr. Doug Marchand, Executive Director, GeorgiaPorts Authority
  • Mr. Pieter Struijs, Executive Vice-President and COO, Port of Rotterdam Authority
  • Mr. Hans Gerson, CEO, Port of Amsterdam
  • Mr. June-Suk Choo, President  of Busan Port 
  • Mr. Masatoshi Teresaki, Senior Executive Vice President, Kawasaki Heavy Industries, Ltd.
  • Mr. Timothy J. Farrell, Executive Director of the Port of Tacoma
  • Mr. Baron Leo Delwaide, President, Antwerp Port Authority
  • Mr. Rajaish Bajpaee,Chairman,Eurasia Group of Companies
  • Mr. J.A.A.J.(Jan) Fransen, Managing Director, Green Award Foundation
  • Mr Thomas Tay,SMOU (Singapore Maritime Officers' Union )
  • Ms. Marene Yu, Managing Director of TNT China Logistics, CFO of ANJI-TNT Automotive
  • Mr. Wang Kangping, Vice President of TCL
  • Mr. Li Changshun, President of Jinan Iron & Steel Group Corporation
  • Mr. Tao Dong, MD, Chief Regional Economist, Credit Suisse
  • Mr. Paul Chang, Head of Shipping Asia, HSH Nordbank, Hong Kong
  • Mr. Mark Friedman, Managing Director Head of Global Transportation Investment Banking, Merrill Lynch 
  • Mr. Gerry Wang, CEO, Seaspan Corporation 
  • Mr. Martin Stopford, Managing Director, Clarkson Research
  • Mr. Philip Damas, Drewry Shipping Consultants 
  • Mr. Anton Harder, Simpson Spence & Young Shanghai Co.,Ltd
  • Mr.Arjun Batra,Drewry Shipping Consultants
  • Mr. James C. Hankla, Long Beach Board of Harbor Commissioners

There are even more people who may be coming to speak in addition to the above.  I would love to hear about the Summit from anyone who attends.

John Pomfret Speaking In Portland, OR, On October 19

Posted by Dan on October 3, 2006 at 09:07 PM

I am a big fan of both John Pomfret and Portland, Oregon's NW China Council and I just learned they will be coming together on Thursday, October 19, for an evening of Chinese food and great talk.  John Pomfret, a correspondent and former Beijing bureau chief for the Washington Post reporter and author of the widely acclaimed book, Chinese Lessons, will be speaking at 6:45 p.m. 

The event starts at 6:00 pm in the Hi Hat Restaurant's Banquet Room, 11530 SW Pacific Hwy.  The cost is only $35, which includes a seven course dinner.  Registration closes on October 17. 

October 12 Conference In NYC On China's Financial Markets

Posted by Dan on October 2, 2006 at 04:15 PM

The Asia Society and mega law firm, O'Melveny and Myers, will be putting on a conference next week on China's Financial Markets.  The conference will take place on October 12, 2006, at The Four Seasons Pierre Hotel, on Fifth Avenue at 61st Street, in New York City.  The all-day conference is broken down into four panel discussions:  Developments in China's Banking System, China's Domestic Capital Markets, Overseas Listings of Chinese Companies and The Rise of M&A in China.

The keynote address will be given by Dr. Harry Harding, Director of Research & Analysis for Eurasia Group, one of the world's leading global political risk advisory and consulting firm.

I would love to hear about the Conference from anyone who attends.

China Revealed -- Light On Substance, But Oh, The Scenery

Posted by Dan on October 2, 2006 at 08:45 AM

Yesterday, I blogged on the heavily publicized and anticipated Discovery Channel television show, China Revealed.  I ended up watching it last night with my inquisitive nine year old daughter.  We both enjoyed it.  Her much more than me. 

The show is light on substance, but long on beauty.  The filming and the quality of the picture are the best I have ever seen on TV.  We watched it on a 42" flat screen HDTV, and for the first time since I have owned this, I wished for an even larger television.  The clarity was incredible.  I do not know what techniques were used, but the pictures just popped out of the screen.  It is worth watching on an HDTV for the filming alone.  I have never seen rice paddies look so beautiful.

As promised, the show focused on the following:

  • A rice farming family in Longshen.
  • A kung fu master at the Shaolin Monastary
  • A Shanghai real estate developer
  • A gymnast who trains in Beijing
  • A Shanghai migrant worker
  • A Beijing bow maker

    The rice farming family briefly talked about how much better off they are since reforms.  The Shanghai real estate developer, Vincent Lo, briefly showed off Xin Tian Di (Xihu Tian Di) Shanghai's famous entertainment district, which he developed.  The kung fu master was quite interesting.  I found it particularly interesting that his best Kung fu student wanted to become a police officer or security guard, not a Buddhist monk.  The Beijing imperial bow maker was interesting too, because of how he had managed to preserve the art he loved despite the Cultural Revolution.  The story of the gymnast and the migrant worker were also quite good, but I have seen and read too many such stories already. 

    The saddest part of the show was when the migrant worker returned to his village after having been away in Shanghai for the past year. Throughout the show, this worker had talked about his love for his daughter, now three years old, and of how her smile lit up his life.  But when he returned, she no longer recognized him.

    For those who have been to China and know it at all well, there is little if anything to take from this show, beyond the amazing scenery and the too short sketches of the people.  But my nine year old absolutely loved it and I am sure many others will as well.

    I did get the sense it was pretty watered down so as to be able to be shown in China.  Not that I expected it to be political, but beyond its lightly showing the differences between rich and poor, it was pretty upbeat the entire time.   But oh, the scenery. 

  • China Revealed -- On The Discovery Channel, Tonight At 9 PM

    Posted by Dan on October 1, 2006 at 05:21 AM

    "Extravagantly gorgeous," says Susan Stewart of the New York Times

    "Should appeal to viewers of all ages," says Marilyn Moss of the Hollywood Reporter

    "Puts human faces on the statistics," says Brian Lowry of Variety Magazine.

    "Pulls out all the stops," says Jennifer Nycz-Conner of the Phoenix Business Journal

    "Beautiful, intriguing and historic," says David Hinckley of the New York Daily News.

    A new movie?  No.  The premiere episode of Atlas on the Discovery Channel, entitled, "China Revealed.

    The series leads off today on the Discovery Channel at 9 pm Eastern and Pacific Time and will be repeated at the same time on Sunday, October 8.  The Discovery Channel website describes this first episode as follows:

    In one of the few times in its 5,000-year history, the oldest, most populous nation on earth has opened its doors to the rest of the world. Coupling insightful storytelling with spectacular and groundbreaking photographic techniques, Discovery Atlas: China Revealed brings to life the fascinating and complex contemporary life of this extraordinary country.

    In today's China, the economics of feudalism and communism are out, while capitalism is in ... with a Chinese twist. Old walls are being torn down, and a futuristic landscape of glass and steel is shooting up in their place. Leading the construction frenzy is Vincent Lo, China's answer to Donald Trump. Exploring where tradition meets modernity, viewers will follow the dreams of a 12-year-old Olympic hopeful, then join rice farmers tilling land their ancestors have worked for 18 centuries and monks teaching a 500-year-old discipline. Discovery Atlas: China Revealed promises to be a visual delight, delving deep into the people and places of the oldest civilization on the planet.

    The Discovery Channel's "meet the people section indicates it will be focusing on the following:

    • A rice farming family in Longshen.
    • A kung fu master at the Shaolin Monastary
    • A Shanghai real estate developer
    • A gymnast who trains in Beijing
    • A Shanghai migrant worker
    • A Beijing bow maker

    It will be airing in China as well. 

    It will be in HDTV and within a few days of its airing, the Discovery Channel will release the episode in both Blu-ray and HD DVD, making it the first television show to be released on the two new high definition DVD formats. 

    I have already Tivo'ed it and will be reporting back after I have seen it. 

    October 10 China Arbitration Law Teleconference

    Posted by Dan on September 19, 2006 at 05:59 PM

    On October 10, 2006, the American Bar Association will be putting on a teleconference called "China: The New Frontier in Arbitration."  The conference will be on "available dispute resolutions for companies that do business in China" and will examine arbitration issues that arise both before entering into an agreement and after a dispute has arisen.   The speakers will "explore developments at the major Chinese arbitral institutionsthe China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre (HKIAC)."  The risks and strategies for negotiating effective dispute resolution clauses in China-related transactions and the enforcement of arbitral awards will be discussed. 

    The conference will have the following speakers:

    For more on this conference, click here

    John Pomfret (Chinese Lessons) Readings In NYC On September 20 And In SF on September 28

    Posted by Dan on September 17, 2006 at 09:25 PM

    I am a big fan of the book Chinese Lessons, and of its author, John Pomfret, whom I have heard speak many times on NPR and who I consider an excellent guide to understanding the generation of Chinese who were young teens during the Cultural Revolution.   

    Mr. Pomfret will be reading from his book at 192 Books (h/t to the Critical Mass Blog) in New York City on September 20 at 7 pm and in San Francisco at Stacey's Books on September 28, from 12:30 pm to 2:00 pm.   

    Since I did my initial post on Chinese Lessons, the Prince Roy blog has somewhat unfavorably reviewed it.  Though I disagree with the Prince's review, I found it very thoughtful and I recommend reading both the post itself and its comments. 

    NYC Symposium On China's Draft Bankruptcy Law And Distressed Investment Market

    Posted by Dan on September 11, 2006 at 10:47 AM

    The China Institute is putting on a timely symposium on China's new bankruptcy laws, set to become effective on June 1, 2007 (h/t to Asia Business Intelligence, a consistently good source on New York City China events).  The Symposium will take place on September 14, 2006, at the China Institute, 125 East 65th Street, in New York City.  The Institute describes the event as follows:

    While the creation of a modern bankruptcy law system has long been urged for China, the drafting committee of the new Enterprise Bankruptcy Law has yet to be passed.  Obstacles of the drafting process and current opportunities and risks for international distressed assets investors are discussed.  Panelists share their views on these issues from legal and business point of views.

    It will be moderated by Deryck Palmer, a partner at New York based mega law firm, Weil, Gotshal & Manges LLP, considered by many to be the best big bankruptcy firm in the United States.

    The event will also feature the following:

    I would love to hear about the Symposium from anyone who attends.

    Beijing Discussion On Internet Publishing In China, September 4 At 7:30 pm, At The Beijing Bookworm

    Posted by Dan on September 3, 2006 at 08:58 AM

    I know it is already Monday in China, but since there is still time and since the discussion leaders are truly tops in the field, I am running with this, adding an apology for not having learned about it sooner.

    On Monday, September 4, 2006, starting at 7:30 p.m.,  there is going to be a free discussion regarding internet publishing in China, led by Jeremy Goldkorn, Roland Soong, and Hong Huang.  Jeremy (I should call him that because I know him) is a Chinese media/internet veteran and the brains/driving force behind the pioneering and always interesting blog, Danwei.org.  Roland Soong is behind the venerable and enlightening blog, EastWestSouthNorth.  For a BBC interview of Mr. Soong, go here.  Hong Huang writes the blog (in Chinese), Hong Huang Writing for Fun.  I have learned from this Danwei post that Ms. Huang is "the CEO of CIMG, which is the company that produces Time Out's Beijing edition, China's version of teen girl mag Seventeen, and a women's rag called iLook. Hong Huang is also the daughter of one Zhang Hanzhi, who was Mao Zedong's English teacher."

    The discussion will be at the Beijing Bookworm, Building 4, Nan Sanlitun Road, Chao Yang District. The bookworm's website has a map to the bookstore. 

    For those of you in Beijing, I would not miss this. 

    September 7 Shanghai AmCham CSR Conference

    Posted by Dan on August 31, 2006 at 12:01 AM

    The American Chamber of Commerce in Shanghai's Corporate Social Responsibility (CSR) conference is rapidly approaching.   The conference will be in Shanghai (surprise) on September 7th, so if you are interested in attending you had better sign up here quickly.  For more on this conference, go to this post on the All Roads Lead to China Blog. 

    We would love to get feedback on the conference from anyone who attends.  China Law Blogger, Steve Dickinson, who recently moved to Shanghai from Qingdao, will be missing it because he leaves for Mongolia that same day. 

    Webinar on United States China Export Licensing Requirements -- September 14

    Posted by Dan on August 28, 2006 at 06:46 PM

    The United States Department of Commerce and the China Business Information Center are putting on a free webinar to explain the proposed new regulations on dual-use items exported or re-exported to China.  The webinar will take place on September 14, from 1:15 p.m. through 2:00 p.m., EDT.  It will be led by Matthew S. Borman, Acting Assistant Secretary, responsible for implementing the Bureau of Industry and Security's controls on the export of dual-use items for national security, foreign policy, nonproliferation, and short supply reasons and will focus on the following:

    • The Scope of the proposed amendments
    • Revision to the China licensing review policy for national security controlled items
    • Understanding the proposed military end-use control
    • New authorization for Validated End-Users
    • New exporter requirements to obtain End-User certificates.

    It will conclude with a question and answer session. 

    Business China Expo -- Cannes, France, September 28-29

    Posted by Dan on August 3, 2006 at 11:35 PM

    A whole slew of European country China associations are putting together a big China business event in Cannes, France, for September 28-29 (h/t to China Business Services blog).  The cost is 975 Euros through August 31, then 1500 Euros thereafter.   

    The event bills itself as "a unique opportunity for one-on-one meetings with senior leaders from China without having to go to Asia" and it is just that.  It is jointly sponsored by China-Britain Business Council, Belgium Chinese Economic Commercial Council, Sweden-China Trade Council, Ireland China Association, Austrian Federal Economic Chamber (WKO), Portuguese Chinese Chamber of Commerce and Industry and the China Council of the Netherlands Council for Trade Promotion, in conjunction with the Chinese Council for the Promotion of International Trade (CCPIT) and the China Chamber of International Commerce (CCOIC).

    China's top regions for foreign investment are all sending representatives to the event, including Shanghai, Guangdong, Beijing, Jiangsu, Fujian, Zhejiang, Henan, Tianjin, Liaoning, Shaanxi, Sichuan, Guizhou and Shandong.  China experts will also be talking about "manufacturing opportunities, production sharing, expanding through sourcing, Chinese culture in business, securing suppliers, economic issues, contracts and negotiations, and financing."

    Jeremy Gordon of China Business Services is chairing the first day of the event and will be speaking on doing business in China.  According to Jeremy, the conference will involve the following:

    Regional governmental officers with direct responsibility for foreign business, development zones and commercial enterprises will offer expertise indispensable for understanding regional industry specialty and the different incentives which range from tax breaks to specific projects - available in each province. The representatives will even assist in hooking up a company with a local partner or setting up a factory.

    Bespoke itineraries are available to ensure that companies are matched with relevant contacts in their industrial sector. Businesses can also be confident that the contacts they make are reputable and low risk.

    For those (like me) who are not fluent in "Brit-speak," "bespoke" means customized.  Those interested in attending can register here.

    The following industries, among others, will be represented at the conference:

    aerospace, agriculture, automotive, chemical, construction, electrical and electronic manufacturers, energy / oil / gas producers, engineering, glass, information technology, retail, manufacturing technologies, medical technology, biotechnology, pharmaceutical, mining, plastics, pulp and paper, rubber, steel and metal processing, telecoms, textiles, woodworking and furniture.

    If you attend, do make it a point to introduce yourself to Jeremy as he is a highly knowledgeable and experienced China consultant and a good guy to boot. 

    Free Seminar On China IP -- Seattle, July 12-13, 2006

    Posted by Dan on June 15, 2006 at 10:37 AM

    A reader from Seattle (of course!) alerted us to an upcoming two-day, free program on China IP, to be put on by the United States Patent and Trademark Office.  Entitled, "Protecting Your Intellectual Property in China and the Global Marketplace," this program will be on Wednesday and Thursday, July 12-13, 2006, at the Grand Hyatt in Seattle, Washington.

    This program will focus on " Chinas laws and regulations that may affect how a business protects and enforces its intellectual property, how best to protect business assets to avoid intellectual property problems in the first place, how to recognize when an intellectual property asset has been infringed, what to do if infringement occurs, and what the U.S. government is doing to improve the intellectual property protection and enforcement environment in China."

    No agenda or speakers have been listed, but registration here is already open.   

    ISS China Corporate Governance Webcast -- June 6 And June 7

    Posted by Dan on May 31, 2006 at 07:19 AM

    On June 6 and June 7, the Institutional Investors Shareholders Services (ISS) will be putting on a webcast (for more specifics, click here) discussing their findings from a couple reports they published a month or so ago entitled Institutional Shareholder Services 2006 Global Investor Study, which included their special report, "China -- The Next Corporate Governance Hotspot.

    According to the ISS, this study "reflects the collective voice of the institutional investor worldwide and is unprecedented in scale and scope, with over 300 institutions across 18 countries participating." The International Corporate Governance Blog (which tipped me off to this study) notes that the report indicates "huge corporate governance risks" in China, stemming in large part from the "close relationships among issuers and governmental agencies through state-owned enterprises and closely linked ownership structures." 

    According to the ISS, the study's key findings are as follows:

    9 out of every 10 Chinese investors sees corporate governance as extremely or very important today

    Chinese investors believe an increased focus on returns and risk management will drive future corporate governance importance

    73% of Chinese investors listed executive pay for performance among their most desired corporate governance improvements

    And 93% of Chinese investors listed better disclosure, transparency and reporting among most desired improvements

    In a previous post, entitled, "Corporate Governance in China Improving Slowly," I discussed similar findings from the Institute of International Finance and I concluded as follows:

    China's corporate culture is not yet generally imbued with a recognition of the importance of corporate transparency and China's laws [and enforcement] are not yet strong enough to force it. 

    With the floodgates of Chinese IPOs open again, I would expect this webcast will be of interest to many of you.   

    Capitalism/Socialism With Chinese Characteristics -- A Reporter's Notebook

    Posted by Dan on May 27, 2006 at 11:50 PM

    A few weeks ago, I received an e-mail from Doug Berman, a second year law student at Indiana University School of Law, who speaks Mandarin and will be interning in China this summer.  I met Doug a year and a half ago when I was at IU's law school lecturing as an international law "practitioner in residence."  Doug and I have stayed in e-mail contact ever since and a few weeks ago he e-mailed me to tell me about an upcoming, invitation only, conference on China at Indiana University Kelley School of Business.  The list of attendees was impressive and I found the topic fascinating.  But, I could not attend and Doug, as a mere law student, did not think he could wrangle an invitation to this big global event.

    So we devised a plan.  I would request an invitation for Doug to attend as China Law Blog's first ever on the ground reporter.  It worked, Doug went, and this is the first of a serious of posts from Doug on the conference. 

    This first post gives a brief overview of the conference and discusses its central issue: China as capitalist, yes or no?  The second post will discuss the practice of law in China.  The third post will delve into the concept of Chinese exceptionalism

    So without further ado, here is the first of Doug's report:

    I [Doug] just attended the IU Business School sponsored conference on "Capitalism with Chinese Characteristics" on the political economy of China. The central topic of this conference was the role of capitalism in todays China.  The title of the conference, Capitalism with Chinese Characteristics, is a refashioning of the Socialism with Chinese Characteristics," first used in 1982 by Deng Xiaoping

    Scott Kennedy, a professor in Indiana University's Department of East Asian Languages and Cultures, put together the conference and he gave the opening speech.  Dr. Kennedy compared his first trip to Beijing in 1988 to his most recent visit last year and he talked about the huge differences between then and now.  He then discussed whether we should be calling China a capitalist country. 

    Margaret Pearson, a Professor of Government and Politics at the University of Maryland, expressed skepticism of China as capitalistic due to its lack of property ownership rights, which she viewed as inherent in capitalism. Andrew Wedeman, chair of the Asian Studies program at the University of Nebraska, stated that however we define China's current system, it will eventually degenerate into a kind of crony capitalism or booty capitalism (if it has not done so already).  Deborah Davis a sociology professor at Yale University, contended that China is more capitalistic than many countries in Europe.

    Various speakers talked about how the lack of consensus on this issue stems from China being a mixed-economy, with state ownership and no few real property rights, as in socialism, but at the same time, it has the vibrant and highly competitive business structure one sees with capitalism. 

    Marc Blecher, a Professor in Oberlin College's Politics Department and East Asian Studies Program, talked about state control in China as relating to his own work in Xinji, a small city in Hebei province undergoing enormous industrial restructuring. Dr. Belcher talked about how we should view China's smaller towns as examples of modernist development aimed at maximizing production, even though many of China's planners are driven largely by political considerations. 

    Lawyers tend not to put much stock in theories of capitalism or political development or descriptive models of the state, focusing instead on the rule of law as a means toward developing stable democratic institutions.  In my [Doug's] view, though law is the linchpin of a stable society, we must also realize that trying to understand the kind of system China is (or is becoming) can help in doing business in China.  Knowing the relevant laws and regulatory regimes there is crucial, but understanding the roles of China's institutions and the close connections between between politics and industry is also of critical importance. 

    China Law Blog's [Dan's] comments:

    1.  Thanks Doug for a job well done.

    2.  I agree with Doug that in doing virtually any kind of business in China, one must understand the role of the state and, in particular, the state's interest in your particular type of business.

    3.  I consider China largely capitalistic, at least as it relates to foreign companies doing business there.  Yes, its property rights are not even close to what one normally thinks of under a capitalist system, but they are obviously good enough so that countless private entrepreneurs feel safe enough to start and grow their businesses.  Competition among most industries is rampant in China. 

    4.  I get the feeling many of the speakers overrate the role of the Chinese state in business.  It would be silly to deny it is important, yet, at the same time, without exception, our Chinese clients are dynamic international companies that operate as such.  They tend to do whatever they can to avoid the yoke of the state and, for the most part, they succeed.  I disagree with the predictions of China becoming a crony capitalistic state mostly because I think that overrates the strength of the central government.  If anything, I see the government slowly losing more control over business. I base this on the laws that are being enacted that are freeing up businesses and on the growing percentage of GDP contributed by private enterprise.  Now I realize that crony capitalism and private enterprise are not incompatible, but in China, where it is so much easier for government bureaucrats to take their "piece" of a government owned entity, that has so far not been the case.  I also see the government as being more interested in maintaining order than anything else.

    5.  I concur with what seems to be the view of Dr. Belcher that even though the Chinese bureaucrat may be political, his development decisions might be rational and -- dare I say it -- capitalistic.  I think one of the differences between China and Russia and between China and Vietnam (though Vietnam is slowly changing in this regard) is that the Chinese system is generally set up so that government employees are rewarded when businesses bring prosperity to their region.   

    6.  I also wonder why there was not more discussion (or maybe there was as Doug was not able to attend every session) of the Chinese government as capitalist actor.  For example, I see a city owned factory as being a very different beast than the Beijing central government. 

    Stay tuned.

    Understanding China and Getting Equipped with Tools To Be Successful In China -- St. Paul, MN, May 16, 2006

    Posted by Dan on May 5, 2006 at 10:33 PM

    A reader from -- you guessed it -- Minnesota, sent this item on to me.  The US-China Business Connections (UCBC) organization will be partnering with the Minnesota Trade office to host a seminar entitled, "Understanding China and Getting Equipped with Tools to Be Successful in China."  Sponsored by Federal Express, the seminar will take place on May 16, 2006, from 2:00 to 5:00 pm, with dinner following.  The seminar will be in downtown St. Paul, Minnesota, at the Minnesota Trade Office, 1st National Bank Building, 332 Minnesota Street, Suite E200 (Skyway Level).  Costs vary, but run around $50. 

    The seminar will focus on the following:

    US-China trade relations
    Intellectual property rights protection
    Chinese business culture
    Negotiation styles that work
    Import/export transactions and getting paid
    Currency appreciation
    Available resources for start-ups
    ABC's of China commercial law & issues
    Logistics on China import/export
    IT production distribution in China
    ...Plus answers to the issues that matter to you most!

    The following people will be on the panel:

    Mr. Liang Gang and Mr. Wang Weijia
    Commercial Consulting - Economic & Commercial Office - Chinese Consulate in Chicago

    Ms. Wengzhao (Connie) Wang 
    President UCBC & Attorney at Law at Kelley & Fawcett, P.A.

    Mr. Richard Helling
    Vice President, Trade Service Relationship Manager at Wells Fargo HSBC Trade Bank

    Mr. Michel Locquegnies
    International Sales Director at ADDCO Inc

    A FedEx Representative  to be announced
    (to be announced)

    I would love to know how they are able to cover so much in three hours so would anyone who attends this event please send me either a syllabus or give me your report. 

    China Law Blog's Dan Harris Will Be On BBC World Today Discussing China

    Posted by Dan on April 18, 2006 at 08:32 AM

    China Law Blog's own Dan Harris will be appearing live today on the BBC World Show, "World, Have Your Say."  The show will air at 1800 London Time, 1:00 p.m. EST, and 10:00 a.m. PST. 

    The topic is whether China has too much power.  In good lawyer fashion, I will say both yes and no.  Just kidding. 

    Thanks to the wonders of modern technology, the best way to watch/listen is probably via the internet.  To do that, go here:  http://www.bbc.co.uk/blogs/worldhaveyoursay/#  and then on the right hand side click "Listen to the Show." 

    Talk On Web 2.0 In China -- Sam Flemming, in Shanghai, April 18, 2006

    Posted by Dan on April 16, 2006 at 07:15 AM

    Sam Flemming  (h/t to the China Herald) will be giving a talk on "Blogs and BBS in China: listening and learning from your customers online" at the American Chamber of Commerce in Shanghai on Tuesday, April 18, 2006, from 11:30 a.m. to 1:30 p.m. at the Westin Shanghai 88 Henan Central Road (at the corner of East Yan An Road). 

    Mr. Flemming is the founder of CIC data and he describes himself as a "'dot com" veteran and Word of Mouth evangelist.  Flemming is viewed as one of the most knowledgeable people on internet marketing in China.  CIC data is is a "China based Internet word of mouth and competitive intelligence research company."  AmCham states that Mr. Flemming's talk will involve the following

    The blogs and message boards that make up Web 2.0 are conversations amongst consumers.  With the topic of conversation often being brands, products and services.  Web 2.0 represents a huge opportunity for companies to listen to and learn from their customers, potential customers, fans, detractors and influencers. The word-of-mouth marketing that blogs and BBS generate can make or break a newly launched product.  Unlike traditional market research, companies can listen to conversations about their products that are naturally occurring, unfiltered and authentic.

    To find out more about this talk and to register for it, click here.  Mr. Flemming has his own blog, entitled, "China Word of Mouth Blog," that he describes as "A China-focused blog on BBS, blogs, society, net culture, Word of Mouth, and running a company."

    China Rises -- The TV Show/"Getting Rich"

    Posted by Dan on April 14, 2006 at 11:01 PM

    I watched one of the episodes of the highly publicized new four part TV series, "China Rises."  I watched the episode entitled, "Getting Rich" and I thought it was nicely done. 

    The following things from the "Getting Rich" episode stood out for me:

    1.  Many of the Chinese citizens interviewed spoke of the nearly limitless opportunities China now offers its people.  Only a few hours after watching this program, I was interviewed by a U.S. paper doing a story on China and I was asked what I thought was the American people's biggest misconception about China.  I said the idea that the Chinese people are in a constant state of repression. I said the reality is that the people with whom I deal (and admittedly these are for the most part the urban elite) are hugely proud of their country and wildly optimistic about its future.   

    2.  Though one cannot fairly describe China as a country built on laws, it is becoming more so each day and the people are more and more turning to China's courts for legal redress.  These courts do not always rule fairly, but they apparently rule fairly enough for the people to generally believe in them.  I have definitely found this to be the case in the business world, where threatening to sue a company that has not paid its bills usually convinces them to pay. 

    3.  Private enterprise is thriving and it is China's private companies (not its state owned entities) that drive what the show kept calling the "greatest transformation in history."

    4.  The Chinese elite concur with the government's go slow reform policy of "crossing the river by feeling for stones."  In the show, an obviously wealthy banker talks about how this policy, first coined by Deng Xiaoping in referring to China's step by step liberalization, makes sense for China.  Those with whom I talk in China concur with this.  I think the urban elite of China concur with this not because they feel compelled to do so by the government, but because this policy has, at least so far, served them so well. 

    The series is a co-production of the Discovery Times Channel, The New York Times,  the Canadian Broadcasting Corporation, France 5, and S4C.  For more on this series, click here.  You can see the series trailers on the DaveinChinaBlog. 

    Introduction To The New Company Law In China -- April 11, 2006, At The University of Washington School of Business

    Posted by Dan on April 10, 2006 at 11:53 AM

    On April 11, 2006, at 3:30 p.m., China Law Blog's own Steve Dickinson will be lecturing on China's New Company Law tomorrow at the University of Washington Business School, in Seattle, Washington. For more information on this event, click here

    China Rises -- The TV Show

    Posted by Dan on April 10, 2006 at 12:20 AM

    The Discovery Times Channel will be running a four part television series on China, starting tomorrow (h/t to the Migratory Fool Blog).  The series, entitled, "China Rises," is a co-production of the The Discovery Times Channel, The New York Times,  the Canadian Broadcasting Corporation, ZDF, France 5, and S4C (A Welch Channel).  The series will focus on China's politics, environment, society, and economy.  For more on what is looking to be a most interesting four hours of television, click here

    James McGregor in Portland, OR, on April 11, 2006; Lillian Tsai on April 25, 2006

    Posted by Dan on April 9, 2006 at 12:13 AM

    The NW China Council, in conjunction with the World Affairs Council of Oregon and Portland State University, is putting on a speech by James McGregor on Monday, April 10, 2006, from 7:30 a.m. to 9:00 a.m. at The University Club of Portland, main dining room, 2nd floor, 1225 SW 6th Ave., Portland, OR.  Go here to register online.  McGregor, author of the widely acclaimed book on China Business, One Billion Customers, will, in this speech, "walk the audience into the middle of the Chinese business world while sharing his insider's perspective on the politics, the people and China's changing place in the world order." 

    I expect this speech will be both interesting and informative and if I were not scheduled to be on an airplane flying into Seattle when it will be going on, I would be making the three hour drive to Portland to see it.  In particular, I would like to ask Mr. McGregor if he thinks the situations that befell the large companies he chronicles in his book are less likely to occur to smaller companies seeking to do business in China. 

    Lillian Tsai, NW China Council's Board President, alerted me to this event.  Ms. Tsai is a driving force behind the NW China Council, which is one of the best organizations of its kind in the United States.  In addition to this, she owns and runs Tsaicomms, a leading Asian marketing and communications company. 

    On April 25, 2006, from 7:30 a.m. to 9:30 a.m. at the Multnomah Athletic Club in Portland, Ms. Tsai will be part of an American Marketing Association workshop on "America's Ethnic Buying Power."  Click here for more information on that event. 

    Two Great International Law Symposiums

    Posted by Dan on March 31, 2006 at 08:30 AM

    On April 6, 2006, Indiana University School of Law is putting on in Bloomington, Indiana, what is definitely shaping up to be a fascinating symposium on The Globalization of the Legal Profession

    Much has been written on the process of globalization and its effects on international and individual state law. The impact of globalization on the legal profession has received far less systematic attention, despite a universal recognition that the practice of law and the economic and personal lives of lawyers may be on the brink of profound transformation. The purpose of this unique symposium is to initiate dialogue about how globalization is fundamentally changing the work lives and professional opportunities of lawyers in the U.S. and abroad. Prominent figures in the global legal industry will explore various interrelated themes on the issues facing legal profession, including law firm strategy, the relevance of geography, the lawmaking role of transnational lawyers, and how cultural norms affect or shape our perceptions of ethical lawyering. The program will include presentation of scholarly papers and responses by symposium participants.

    The breadth of knowledge and backgrounds of the participants guarantees this event will be both interesting and informative.  The speakers include top international lawyers, law and business school professors, and business consultants.  [NOTE: I am listed as a speaker, but, unfortunately, other obligations preclude me from attending.]

    The Adam Smith, Esq., Blog, gives a good summary of the topics at this event:

    Law Firm Strategy in a global world, including "What management structures are necessary to govern a global law firm with offices on multiple continents?"

    Relevance of Geography, including "Are some locations, based on longitudinal growth patterns, emerging as truly international legal cities for firms attempting to fit the transnational model?"  Or, phrased differently, why are more firms hoisting their flag in New York, London, and Hong Kong, despite those cities' having among the highest operating cost structures on the planet?

    Convergence, including:  "Can transnational law firms successfully balance the competing goals of higher profitability and professional autonomy? To what extent is the practice of law, and identity of lawyers, converging around certain practices and values? If so, are those practices/values those characteristic of the US legal profession?

    The conference will be in a somewhat hybrid format, blending the academic with the practical and hands-on, and all papers and presentations will subsequently be published.

    On April 7, 2006, the Los Angeles County Bar Association is putting on an International Employment Law Symposium in Los Angeles.  This event will consist of employment lawyers from around the globe speaking on international employment law issues and trans-border employment disputes.  "In addition, U.S. practitioners whose employment practices focus on international disputes and counseling will provide insight into this growing and emerging area of employment law."  This symposium has a star studded international panel, including a number of international employment law practitioners from China.  Nicholas P. Connon helped put together this symposium and he will be its moderator.  Nick is the Vice Chair of the Los Angeles Bar Association's International Law Section and truly one of the leading lights in international employment law.  His involvement in this event guarantees it will be a big success.

    Steve Dickinson to Lecture on China Law on May 18-19, 2006, in Rome, Italy

    Posted by Dan on February 25, 2006 at 03:47 PM

    The International Development Law Organization (IDLO) has invited China Law Blog's own Steve Dickinson to give a two day series of lectures on international contract law, with an emphasis on China.  Steve will be lecturing in Rome, Italy, (in English) on May 18 and May 19, 2006. 

    Steve's lectures are part of IDLO's Development Lawyers Course, running in Rome from April 3 to June 9, 2006.  This course provides "a combination of training in legal skills as well as a thorough introduction to subjects closely related to development such as trade law, commercial transactions and infrastructure projects.  The course is designed to enhance the skills and knowledge of junior and mid-level lawyers to enable them to facilitate the process of economic development in their countries."  According to IDLO, this "course is intended for junior and mid-level lawyers and legal advisors to ministries, governmental agencies and other regulatory bodies. Preference is given to lawyers involved in legal reform, policy development or the negotiation and drafting of international contracts/investment treaties on behalf of the State. Candidates should have at least 3 years of experience."  Tuition for the full course is $12,500. 

    Buon viaggio!

    Protecting Intellectual Property Rights in China -- Webcast, Friday, February 24, 2006

    Posted by Dan on February 20, 2006 at 10:31 PM

    Mark Cohen, the U.S. Embassy Intellectual Property Attach in Beijing, will be giving a one hour online seminar on China IP protection this Friday, February 24, 2006, from 11:00 a.m. to 12:00 p.m. ESTWebcast is being sponsored by Big Four accounting firm Deloitte

    For more information and to register, click here.

    5th Annual China Conference -- In Oakland, CA, April 3-4, 2006

    Posted by Dan on February 17, 2006 at 11:14 PM

    The 5th Annual China Conference will be taking place in Oakland, California, on April 3 and 4th.  Billed as "the first and premier North American-based conference dealing specifically with China-North America shipping and logistics," it aims for "those either getting into, or those already engaged, in commerce with China."

    Live on Fox News -- Today at 8:45 a.m. PST

    Posted by Dan on February 9, 2006 at 08:33 AM

    Harris & Moure attorney, Charles Moure, will be speaking live today at 8:45 a.m. PST on Fox News regarding the Entwistle murder case.  This will be Charles' s third national news appearance on this case.  Charles is appearing to lend his considerable expertise on international jurisdiction. 

    Shipping China 2006 -- Shanghai, March 2-3, 2006

    Posted by Dan on February 8, 2006 at 04:03 PM

    Tradewinds, probably the leading international shipping magazine, will be hosting what is looking to be an absolutely first rate conference on the Chinese shipping industry. The event will be in Shanghai on March 2-3, 2006.  For more information and to register, click here.

    China Law Blog is Shanghai Bound

    Posted by Dan on February 7, 2006 at 09:49 AM

    Steve and I will be going to Seoul, Korea, for a couple of days, then on to Shanghai on February 13, for a few more days, then to Qingdao for a week or so.  I will then return to Seattle.  Steve will be staying in China (mostly in and around Qingdao, Dalian, and Yantai), through March, and then he will return to Seattle to give a speech on China at the University of Washington Business School's Global Business Forum on April 11. 

    If you wish to meet with us in China, please drop us an e-mail.  We will, of course, be blogging from there.

    Free Seminar on China IP -- Atlanta, March 2-3, 2006

    Posted by Dan on February 4, 2006 at 07:47 AM

    A reader from Yemen (no kidding!) alerted us to an upcoming two-day, free program on China IP, to be put on by the United States Patent Office.  Entitled, "China's Impact on Intellectual Property: Understanding the New Realities within a Global Economy," this program will be on Thursday and Friday, March 2-3, 2006, at the Hyatt Regency Atlanta in Atlanta, Georgia.

    The program will focus on "Chinas laws and regulations that may affect how a business protects and enforces its intellectual property, how best to protect business assets to avoid intellectual property problems in the first place, how to recognize when an intellectual property asset has been infringed, what to do if infringement occurs, and what the U.S. government is doing to improve the intellectual property protection and enforcement environment in China.' 

    No agenda or speakers have been listed, but registration here is already open.

    Live Again on Tomorrow's Fox National News

    Posted by Dan on January 29, 2006 at 10:11 PM

    Harris & Moure attorney, Charles Moure, will be speaking live again tomorrow on Fox News regarding the Entwistle murder case.  Charles will be on again to discuss the international jurisdictional issues in the case.  Charles will be appearing tomorrow (Tuesday in the United States)at about 6:40 a.m. PST. 

    China Law Conference -- February 10 in Iowa City

    Posted by Dan on January 29, 2006 at 10:11 AM

    Learned from the Chinese Law Prof Blog that the University of Iowa is putting on a conference on Chinese law on February 10.  The topics will be: 1) The rule of law in China  2) Chinas financial sector, and 3) China-Taiwan relations.  A number of top International Law professors will be speaking and Congressman Jim Leach (member of the Committee on International Relations) will be giving the opening remarks.  For more information on what looks to be shaping up as an interesting program, click here.   

    Live on Today's Fox National News

    Posted by Dan on January 29, 2006 at 09:55 AM

    Harris & Moure attorney, Charles Moure, will be speaking live today on Fox News regarding the Entwistle murder case.  This will be Charles' second national news appearance on this case.  Charles is appearing to lend his considerable expertise on international jurisdiction. 

    Having been on national television a few times myself, I can only say it is harder than it looks; answering never before heard questions before millions of people is no picnic.  Charles is expected to appear today (Sunday in the United States) between 1pm and 2pm PST. 

    February 3, 2006, Speech on China's New Company Law

    Posted by Dan on January 19, 2006 at 12:29 PM

    On Friday, February 3, 2006, at noon, ChinaLawBlog's own Steve Dickinson will be speaking before the International Law Section of the KCBA. Steve's talk will focus on how the new law will influence foreign investments.  For more information, please click here.  We welcome your attendance.