China Law and Technology (Webinar course code HW/SFCL5 part of the SCL online CPD scheme - 3 hours)

A SCL half day seminar

• Overview of Chinese Technology Marketplace – Vince Cunningham, China-Britain Business Council

Vince will provide an overview of the Chinese business environment, leading into a particular focus on IT and telecommunications activities.  Building on a case study, he will review the cultural aspects of the Chinese business environment with practical examples of some of the differences between Chinese and European business perspectives.

• Licensing technology in China – Grace Chen, Bird & Bird China

As China's hi-tech industries continue their rapid pace of development, many foreign enterprises are entering the China market in the role of a licensor of technology. This discussion will examine issues relevant to China's technology transfer regime and discuss issues of concern that may arise in the course of a negotiation of a license agreement between a foreign licensor and Chinese licensee.

• Regulatory Issues Relevant to China's IT Industry – Marcus Vass, Bird & Bird China

China's IT industry is heavily regulated, particularly in respect of any type of activity involving foreign companies.  We will engage in a discussion of key items of interest to foreign companies in China's IT industry such as registration and compliance, employment, market competition, addressing issues that will affect companies not only on a day-to-day basis, but also in respect of their long-term strategies.  We will also look at lessons to be learnt from practical experience on the ground in China.

• Dispute Resolution in China - Adrian Hughes QC, 4 Pump Court

This presentation will describe the various forms of dispute resolution currently in use in China, in the context of the Chinese legal system, from the perspective of a foreign party. In particular the following matters will be addressed:

  • Background to the development of the legal system and the legal profession in China;
  • Arbitration in China under the 1995 Arbitration Law. The China International Economic and Trade Arbitration Commission
    (CIETAC); its membership and Rules. Comparisons in procedure with other international arbitration rules.
  • Brief summary of the court system and the court's involvement in arbitration;
  • The problem of enforcement of arbitration awards in China for foreign parties;
  • Mediation and conciliation in China;
  • Some practical tips, including how to find legal assistance and advice within China. 


Vince Cunningham
: A Chartered Chemical Engineer with an MBA, Vince was once described as a "serial factory builder", having delivered factories in the UK, North America and South-East Asia.  In 2002 Vince led a project to deliver unique UK technology, which could make commercial grade panel boards from waste materials, into several Chinese Provinces.

His business operations in China have taken Vince from Shanghai to Wuhan, from Guangzhou to Harbin.  He has worked with suppliers, government departments and academic bodies.  Vince joined CBBC in mid 2006 as "China Business Adviser", responsible for the North of England.

Marcus Vass is a partner in and head of Bird & Bird's top tier CMT Group in HK/China. He has been based in both Hong Kong and Beijing since 1999 and has led landmark technology and communications focused projects in several Asian jurisdictions, including Hong Kong and China. Marcus a member of the IT and Telecoms Committee of the Beijing EU Chamber of Commerce and a member of the International Bar Association. Marcus represents many multinational companies in the CMT sector seeking to enter the market or to expand their operations in Greater China and other parts of Asia.  Asia Pacific Legal 500 2006/7 says Marcus 'delivers extremely technical advice in a down-to-earth and pleasant manner'.

Grace Chen is a partner in Bird & Bird's Commercial Group based in the Beijing office. She has specialized in technology-related work in China since 1999 and has built up an extensive scope of knowledge and experience with respect to China's technology, media and communications sectors. Her practice focuses on commercial work with particular emphasis on technology-related transactions, and she specializes in handling complex commercial matters relating to technology transfer and licensing, representing clients in the technology, communications, publishing, advertising and pharmaceutical industries.

Adrian Hughes QC is a Barrister practising IT, construction and commercial law from 4 Pump Court, Temple, London. He was appointed QC in 2006. His work covers a wide range of IT disputes in the context of litigation and both domestic and international arbitration. He also sits as a Recorder, Arbitrator and as a Mediator.

For the last ten years he has been the Bar's chairman of the China Law Council, the joint professional body on China which runs the Lord Chancellor's Practical Training Scheme for Chinese lawyers and other initiatives to promote legal co-operation between the UK and the PRC. He works regularly with Chinese lawyers and clients in relation to IT and general commercial law matters and is an arbitrator on the CIETAC Panel (China International Economic and Trade Arbitration Commission).   

 

Published: 2007-11-14T00:00:00

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