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Anne's last day at Lehman Lee & Xu

April 29, 2007 - by Diana & Steven

This blog entry is to bid farewell to Anne who has come to the end of her internship at Lehman Lee and Xu. The farewell party for Anne was a lovely occasion held in a Japanese restaurant, with a Japanese style table set in a pagoda with Japanese carp swimming around, it had meant a good send off for Anne. Through her hard work and dedication within the company and as part of the team of interns. We the interns and staff will miss Anne, and can only wish her all the best for the future.
- Steven Kuo

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Last Thursday was the last working day for a petite French girl named Anne who has, after 6 months, come to the end of her journey at Lehman, Lee & Xu. We said goodbye to her with a farewell lunch at a delicious Japanese restaurant of her choice. No tears were shed; we were stronger than that. But coming from someone who has sat next to her for the past 4 months, I will miss her dearly. She is to me much more than a good colleague, a good team member, but also a close friend. Her absence here will be felt. And I think I speak for everyone when I say do not forget Anne.
- Diana Wang

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Lehman Affairs 1 Comment April 29, 2007, 11:23 am

eBay sales of pirated stuff

April 19, 2007 - by Ryan

Apparently Hong Kong has just convicted and jailed its first counterfeit goods dealer. The individual was advertising pirated DVDs online at the eBay website, and then mailing them to purchasers overseas. After reading the posting at IP Dragon, I thought to myself, why isn't eBay made to pay a percentage of their revenue to anti-counterfeit and pirating initiatives around the world? This could be theoretically implemented much in the same way that in some countries, cigarette companies forego a substantial portion of the per unit cost to governments in order to support the extra health services that some argue are required due to smoking.

Maybe eBay is already very involved in the ongoing war against pirating. I wouldn't know, but would be interested to find out.

BTW, until I got onto eBay, I didn't realize that Nike made Air Jordan 4's and 5's in hot pink, leopard stripes, clear plastic etc...
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China Blawg's thoughts 1 Comment April 19, 2007, 7:27 pm

Beijing taxi drivers need to beef up English!

April 16, 2007 - by Diana

Beijing has a plan...that by the 2008 Olympics, the city's taxi drivers would be able to speak the universal language of English. No doubt about it, English is really the language being spoken globally by every country in the world. It is estimated that about one-fourth of the world's population can communicate to a certain degree in English. China is one of the most populated countries in the world, and Beijing would certainly top the list as one of the most densely populated cities in the world and there are certainly more native speakers of Chinese, however, English is the language China wants to use to integrate its citizens into an increasingly globalised world.

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Given this, sometimes it is extremely baffling that while many of its residents understand a sentence or two in English, and the ladies at Yashow or Silk Market, whichever takes your fancy, are certainly masters of conversational English, it is not easy to find a taxi driver who knows English well. I have often had friends complaining that they would die taking taxis in Beijing if they themselves did not know the basic phrases of "yi zhi zou", "you guai" or "zuo guai", because the drivers are certainly not going to know "go straight", "turn left" or "turn right".

Sadly, if things stay like that, the hundreds and thousands of tourists visiting Beijing for the 2008 may be a little frustrated to find that just getting around is tough. And this may reflect badly on the city, which I am certain Beijing does not want. So what to do? Well one is for sure, China is completely serious about learning English and I am convinced that the Olympic Committee has a plan tucked away somewhere. As for tourists, I would say, just have your guide and phrase book ready.
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China Blawg's thoughts 0 Comment April 16, 2007, 10:59 am

China and compensation for personal injuries

April 2, 2007 - by Hans Lesser

This podcast addresses the wide gap of compensation standards for personal injuries suffered by Urban and Rural Chinese citizens, to later compare it with the situation in Chile and Germany.
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Podcast 0 Comment April 3, 2007, 4:31 pm

IP Rights and Trade Secret

April 3, 2007 - Hans Lesser

Summary: New provisions on trade secrets seek to minimize risk of infringement thus making potential enforcement easier.

Considered as one of the most important IP rights to be protected by any legal system, Trade Secrets (TS) are preserved in the Chinese Anti Unfair Competition Law (the Law). To augment the lack of protection, the Supreme People's Court issued last December, an Interpretation on some Issues Concerning the Application of Law in Trial of Civil Cases involving Unfair Competition (the Interpretation), reshaping the TS concept and clarifying their scope of application.

The relevance of this type of IP right is two-fold; first, it covers a broad scope of application, ranging from non registered Trademarks to confidential information where disclosure may cause a significant economic or commercial loss for the rights holder vis-a-vis their competitors. On the other hand, there is no time limitation on Trade Secret unlike other IP rights. Note that the Trade Secret loses protection if through independent research or reverse engineering, "confidential aspects" are revealed.

Previously defined by the Law, the Interpretation seeks to complete the concept of what can be legally comprehended as TS, indicating that to be considered as such, the following requirements must be met:
a) Be unknown to the public, which means that it must be hard to obtain by acquainted personnel in the field of expertise, discarding as such the information known by common sense, simple observation, or by public media channels.
b) Must posses some commercial value from which the holder can obtain economic benefit or commercial advantage.
c) Be effectively ensured by the owner with "confidentially measures", being sufficient for this purpose the restriction on the information access by means of establishing passwords or others, adopting provisions to secure the transfer of TS, celebrating some kind of confidentially agreement, etc.

In case that the TS is illegally obtained by means of coercion, theft, unauthorized disclosure or violating a contractual disposition, the affected can make a claim directly through the Intermediate People's Court, which will apply the regulations provided for Patent infringements to decide on the inflicted damage and their resulting compensation. The burden to prove that the previous requirements are met is carried by the Holder, who must present the court with all the true-life background information.

Another topic specially mentioned by the Interpretation is related to the Company's client list and related information, their consideration as TS, and the company employee's responsibility in case of disclosure. It is declared that unless otherwise stipulated by contract the usage of the company's client list for a former employee to retain or establish commercial relations would not be considered as a violate of TS and thus exempted from legal prosecution.

In the light of the rules set forth it is advisable for companies willing to protect their relevant information to celebrate confidentiality agreements with their employees as well as license contracts with their business counterparts. These provisions definitely will minimize the risk of infringement thus making easier the potential enforcement of TS. Note that according to drafts of new Antimonopoly Law the legal treatment of TS will not be affected.
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China Law 0 Comment April 3, 2007, 4:26 pm

China personal banking

March 29, 2007 - by Ryan

I think poor Chinese bank staff are going to have a real issue when the Beijing Olympics arrive next year. The myriad of little administrative troubles that we have all come to know and love when partaking in some China personal banking are going to send the influx of Olympic tourists absolutely bonkers.

The newcomers are going to be fooled by Beijing's excellent customs entry at the Capital Airport (which I think is perhaps the quickest and least painful I've been through), and will think that they can tackle this place with ease, but when they get to the banks, there will be major verbal explosions in every language of the globe. And that is just going to be when they see the size of the queues. Some may say "don't worry, it will be easy for the banks to put on more counter staff...". My first response would be - if it's so easy (and I imagine it would be) why the heck isn't it being done now? My second response will probably be - decreasing queue sizes is not going to get over the massive issue of unnecessary procedures ÊÖĞø from what are supposed to be providers of a service.

Ok, after that little rant, I should say that the banking here has come leaps and bounds compared to what it used to be. I tend to have a bit of a cup's half full approach, but in my experience, the banking has become far more convenient than it has been previously. I also like the really low level of fees compared to back home in Australia, fees being a major gripe back there, and the fact that some are open on the weekends.

Let's just hope that by next year, some thought and action is given to how the Olympic onslaught of China-unaware tourists are going to easily access their money. My advice to them is the following: just because it's your money doesn't mean they are going to give it to you; WTO arguments will get you nowhere; and, serenity now serenity now.
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China Blawg's thoughts 0 Comment April 2, 2007, 10:04 am