Legal infrastructure in Asian countries - Essay Example

Task1 Legal infrastructure in civil and commercial law is a basic intellectual infrastructure for a development of certain type of industry which the state sector wants to introduce in addition to general modernization. Take two examples of particular law or law concept of specified Asian country to develop certain type of industry and explain the particular law or law concept.  Legal infrastructure is very important to develop any industry in different Asian country. Each country does business on its own rules and laws. In Legal infrastructure Civil laws are the sets of justice and laws that bears on the individual’s legal statue. These are mainly a check on an individual either he is not indulged in criminal or he is doing business fairly. Whereas commercial law is a type of civil law and is effectively covers the most dealings. It provides the fundamental safety of intellectual property. It has broad scope in it (Ordish and Alan, 2008). Developing an industry is not so easy to think and do. Instead it is an action of society in which it has a need to direct by Government law, policies of the specific countries, where these activities are going to start and where these special programs are needed. To develop an industry like legal Information Technology, agriculture and marketing etc, the knowledge of market of specific country is also very necessary. A market design tells about the thickness, congestion and safety of an industry (Ordish and Alan, 2008). Example 1: Boat and Yacht industry is an excellent opportunity for China because China’s development Marines is speedy. China’s market is very slow still because of China’s rules and regulations regarding boat industry. There is not clear concept of laws, taxation and license in China as compare to other countries. To develop this industry China needs numbers of boats and yacht because it will be costly to purchase from other countries without any expertise. Many foreign shareholders can take benefits of it by investing in this business industry. to develop such industry China has to take license so that the business dispute and social dispute can be settled and people can save from any legal pursuit and take benefits from fair dealing. CCP has reforms its laws and attempted to train the lawyers for effective deals with increasing commercial and civil case load. The CCP’s purpose is to establish the legal infrastructure of the China and has ventured on this in technocratic style of analyzing the laws of other countries and systemizing its Chinese adaption. The legal infrastructure of China also provide its foreign shareholders security of not be deceived. Chinese rules allow his shareholders to take the lawyer’s help and deal through lawyers and in case of any deceive or fraud, they are eligible to go against its management (Ordish and Alan, 2008). Example 2: The development of information technology in Pakistan is a great need to make a modern infrastructure of Information Technology. But there is a need to know either the proposed technology plan of development conflicts with legal infrastructure of the Pakistan. Pakistan has very low rate of research and development here due to the lackness of latest technology and trained persons and there are many of software are available at cheap with copy right issue that is considered a big crime in the world. People can access the secure data with a lot of tricks. Therefore Government should takes precautionary steps to ban the copy right CD and software and implement the new rules and laws to make information secure. Government should resolve the issues of software licenses, free software licenses and end user license agreements to make the product. Companies can get authorized access and obey the rules of spamming and data privacy. All these rules and many more should be implemented to develop the information technology infrastructure in Pakistan (Ordish and Alan, 2008). Task 2  Compare managing battle strategy for a minority shareholders of JVFDI established by Chinese JVFDI Law and strategy for a minority shareholders of JVFDI established by Chinese Company Law.  Solution: Corporations and joint ventures are organized by the state and on any issue arise about governance corps greatly falls under home country’s law. Almost all countries or states adapt the same rules and regulations. Therefore minority and majority share holders have the almost same rights in all countries. Every state manages the minority shareholders rights on the same basis and conditions although they used different strategies to empower those rights (Wei-An, 2008). A joint venture is a term of difficult legal concept and an agreement in which different parties make an agreement to formulate a new entity by contributing the assets. They all contribute the revenues, assets and expenses. All the members are shareholders of the company in which some have more and some less shares. Minority Share holders are those who have below 50 % shares therefore they possess very low rights regarding decision matters and other matters. Actually Shareholders have two types of rights, statutory and agreed rights. Statutory rights are made by Chinese law while agreed rights are made by shareholders and these rights based on fairness, legality, honesty and trust (Wei-An, 2008). Chinese company laws for JVFDI (Joint Venture of Foreign Direct Investment) minority share holders have different rules and different strategy to their families than of strategy forming for a minority shareholders of JVFDI established by Chinese JVFDI (Joint Venture of Foreign Direct Investment) law. Chinese has used the different strategies and has brought a great change for the right of minority shareholders. According to Chinese Company Law, different managing strategy for JVFDI minority share holder is used than of JVFDI minority shareholders of Chinese JVFDI law that is a recently change in the Chinese Company Law. Chinese joint venture has brought that changing to settle the matter by giving priority to the minority shareholders. Chinese Company Law gives preference to the majority shareholders who have more share than of 50 %. Majority shareholders have voting rights and more rights than of minority shareholders; while Chinese JVFDI law also gives the voting rights to the majority shareholders (Wei-An, 2008). Chinese Company law has a document named Article of association where it has detailed rules about who can elect the board of director of the joint venture company and chairman of the board of directors are the legal and effectual representative of the company. Now in the Chinese JVFDI law has omit this is specified under new law of article of association Chinese Company Law Article 117 describe that the majority shareholders are responsible of any damage in the company that they will made due to the powers and behaviours. While according to JVFDI law minority shareholders can goes against the majority shareholders for this loss and even can claim against them in the court. In Chinese Company Law, only majority shareholders can make decision regarding merger, acquisition. They can vote and due to high ratio of shares can make decision while at first time JVFDI law denied this right and at first time Chinese gave the priority to the minority shareholder by giving them right to go against the decision of majority shareholders. Here Chinese had adapted the value minority shareholders strategy to manage this battle. Task 3  The Japanese comic hero "Crayon Shin-chan, labixiaoxin in Chinese language" is popular among Asian countries. Many Chinese companies, who have no relations to the original Japanese trademark and copy right holder(Futabasha), registered trademark of the comic hero at the Chinese Trademark Authority, before the application of the original Japnese trademark holder. So in China the Japanese trademark holder cannot sell character goods with "labixiaoxin" or specified figure of Crayon Shin-chan registered in China without paying royalty to the Chinese trademark holder. One of the Chinese trademark holders proposed to sell the trademark with $17mil. What are possible ways to sell character goods with "Crayon Shin-chan" without paying royalty to the Chinese trademark holder? Crayon Shin-Chin is very famous character of Usui cartoonist who has experienced of serial clowning life. It was first published by Japanese Futabasha, famous national comic. “Crayon” are very famous in Japan as well as in abroad. Futabash decided to hand over this company to the China Trademarks for the legal prosecution of the annulment. In 1996 many Chinese companies had applied for the trademarks along with its description of design, text font and colors. While the public court lawsuits against futabadsha because of violation of trademark rules. While according to Chinese rule one can claim against the validity of trademark violation ailment in 5 years only. He can register the complaint under the applicable law for the rights of others in battle of trademark registration. He could even withdraw the request in five years but he did not therefore he was disqualified for it (Roos, 2010). On this failure Futabadsha did not lose heart and continue fighting and took his case in Supreme Court. But judge blocked the all reasons and decision had gone against him in which he had lost china market because Crayon is familiar with trademark of Chinese. He not only lost the case but also Futabadsha was also charged the piracy therefore he cannot publish the products and peripheral with the name “Crayon”. He can sell his character goods by paying the royalty to the Chinese Trade Mark holders. Following are the significant steps to avoid to pay the royalty to the Chinese Trade Mark Holders. 1. The copyright and trade mark holder Futabadsha should again law pursuit by hiring the lawyer for the right to sell the character goods. The government has opened the special Intellectual property Rights courts in big cities like Shanghai and Beijing. Appeal is file just in 15 days. 2. Chinese settle their disputes between different parties through negotiation therefore Plaintiff can negotiate with the Chinese trade holder or they do it through consultation if it is possible to settle down. 3. The plaintiff can even go to Intellectual Property Rights (IPR) administrative official. IPs is the trademarks, industrial design rights, patents, copyrights and trade secrets and many more. IPR is generally operates in the state for commerce and industry. its officers have many important consequences authorization from interceding and liaising to the issuance of an order. If they remain unable to solve the problem or reconcile the matter then they take that matter to the court for settlement. Administrative officers settle the matter technically and resolve the conflictions. 4. He can transfer copyrights to any Chinese company so that, it can business in behalf of the futabadsha. 5. Cancellation of registration trademark is also a good option but it will take time because it will affective after every five years of registration date. 6. Another person can also request the Trademark Bureau to bring that registration to an end. It will only cancel if the person who is going to register cannot present any attest document that proves that file submitted is not valid (Roos, 2010). Through these steps he can gain its market of China as well as right to sell the character goods in China. Reference: Ordish, Rebecca and Adcock Alan, China Intellectual Property: Challenges and Solutions: An Essential Business Guide. New Jersey: Wiley. 2008. Print. Roos, Maarten, Chinese Commercial Law: A Practical Guide. Kluwer Law International. 2010. Print. Wei-An, Li, Corporate Governance in China: Research and Evaluation. New Jersey: Wiley. 2008. Print. Read More